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Navigating Motorcycle Accident Claims: A Comprehensive Guide

Navigating Motorcycle Accident Claims: A Comprehensive Guide

In a previous blog post, we discussed essential steps and legal guidance to follow if you find yourself in a motorcycle accident. Building on that, let’s delve deeper into some common queries regarding motorcycle accidents and the legal avenues available.

HOW LONG DO I HAVE TO REPORT A MOTORCYCLE ACCIDENT TO MY INSURANCE?

After a motorcycle accident, it is crucial to report it to your insurance company as soon as possible. Most insurance policies stipulate a “prompt reporting” requirement, typically within 24 hours. Delaying this process could jeopardize your claim.

WHAT COMPENSATION CAN I EXPECT FROM A MOTORCYCLE ACCIDENT CLAIM?

Compensation varies depending on the severity of injuries and damages incurred. Victims may be entitled to recover medical expenses, lost wages, property damage, and compensation for pain and suffering. The attorneys at Spurgeon Law Firm specialize in seeking maximum compensation for victims of motorcycle accidents.

HOW TO DEAL WITH INSURANCE ADJUSTERS AFTER A MOTORCYCLE ACCIDENT?

Be very cautious when dealing with insurance adjusters; you should consult with a personal injury attorney before providing statements or accepting settlement offers.

WHAT EVIDENCE SHOULD I COLLECT AT THE SCENE OF A MOTORCYCLE ACCIDENT?

Collecting evidence is vital. Take photos of the accident scene, damages, and injuries. Gather witness contact information and obtain a copy of the police report. This evidence will strengthen your claim.

CAN I CLAIM EMOTIONAL OR PSYCHOLOGICAL TRAUMA AFTER A MOTORCYCLE ACCIDENT?

Yes, victims can claim compensation for emotional and psychological trauma; however it is easier to win a claim for emotional and psychological trauma when it is coupled with a bodily injury claim; it is more difficult to prove emotional and psychological trauma without bodily injury, as the burden of proof required for psychological trauma absent bodily injury is “clear and convincing evidence” rather than the usual “more probable than not” burden associated with injury claims. 

HOW DOES FAULT OR LIABILITY WORK IN MOTORCYCLE ACCIDENTS?

Louisiana operates under a comparative fault system. This means that even if you are partially at fault, you can still recover damages, but your compensation will be reduced by your percentage of fault.

SHOULD I REPAIR MY MOTORCYCLE OR GET A NEW ONE AFTER AN ACCIDENT?

This decision depends on the extent of the damage and the cost of repairs versus replacement. Consult with your insurance company and a mechanic to determine the most feasible option.

Navigating through a motorcycle accident claim can be complex, but with the right knowledge and legal representation, you can ensure your rights are protected. If you or a loved one has been in a motorcycle accident in Alexandria, LA, contact Spurgeon Law Firm for a free consultation.

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