If you have (or your motorcycle has) been injured in a car accident, how do you protect your rights and ensure a fair and adequate settlement? If the situation is complicated or if fault is unclear, you may be in for an uphill battle. A mistake here could be costly in more ways than one. You must take steps to protect your rights, and avoid numerous hazards that can derail you in your efforts to be "made whole" again -- gaining compensation for losses you've suffered.

Car Accident Claims

Filing accident claims with an insurance company and collecting on the claims can be a major hassle. In some cases, it might make sense to have an attorney handle your case for you, unless you have a lot of experience, patience, and good negotiation skills.

Accident Attorneys

Finding a competent accident lawyer who can handle your case efficiently is your first order of business -- but who can you trust?

Do you pick up the yellow pages and make your way down the list? Should you ask around and get a recommendation from friends and fellow riders? Do you ask the local Bar Association for a recommendation? All of these can be helpful. In the end, you may have to do your own legwork or trust your instincts in order to choose someone to represent your interests.

Useful criteria for choosing legal representation

• A track record of success in motorcycle or car accident lawsuits and claims, and a willingness to discuss that track record with you prior to taking on your case.
• A good reputation in your community (and even better: a good reputation among bikers).
• Ability and willingness discuss your situation and the issues surrounding your claims in a clear and effictive manner.
• Promptness - there is nothing more frustrating than having to track down your legal representative.

Preparation is key

The first order of business is to make sure that you have everything you need in order to prevail. What expenses have you incurred? What damages have you suffered? How do you put a monetary value on the losses?

Keep a list of every expense. Keep receipts. Did your bike have custom accessories that have been damaged? Be prepared to prove the replacement costs in case the proposed settlement is inadequate - it's not unusual for insurance appraisers to underestimate replacement costs. So you (and your attorney!) have to be ready to reject proposed settlement offers if they fail to provide adequate compensation for loss. Original receipts and/or photographic evidence is helpful, as are current market price lists.

Smile and say no until your teeth hurt

Don't be afraid to reject offers, even if your attorney thinks it's fair - ultimately, you are the one who suffered the loss, and you are the only one who really has your best interests at heart, and the old phrase "looking out for number one" has never been more appropriate.

So, if you feel that something is amiss, bide your time, make sure all your ducks are in a row, and say NO if you are not satisfied with the offer.

Help us out!

Do you have any resources you've used in car accident claims? If you do, contact us or leave a comment and we'll check it out, and if it looks good, we'll add it to this article (we'll give you credit for the contribution, of course.)