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Motorcycle Accident Insurance Settlement Process – Claims and Lawsuits - YouTube
Channel: LawFull
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were you involved in a motorcycle
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accident and you want to know how the
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claim
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and settlement process is going to work
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check out this short video to find out
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hey everybody
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barry with the lawful channel if you
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have been involved in a motorcycle
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accident you've come to the right place
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this is a great place to get valuable
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information
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on legal topics like this and if you
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want a referral to a local attorney just
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reach out to me
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i have a huge network of lawyers i can
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send you to before we begin i want to
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answer the question you're probably
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thinking is
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does this guy ride one i am licensed to
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ride but two i don't ride and haven't in
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about 10 years
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however i have handled over 100
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motorcycle accident claims
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so i'm pretty qualified to give some
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valuable information on this topic
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so if the unfortunate day comes and
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you get hit by a distracted driver or a
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careless driver what can you expect in
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the future from the claim and settlement
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process
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there is so much i could talk about in
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this video
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but i'm only going to pick a few things
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to talk about if you have any other
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questions reach out to me
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i've also got a ton of other videos on
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this channel that'll answer a lot of
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your questions because the stuff that
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relates to car accidents
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oftentimes in terms of dealing with
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insurance companies
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relates to motorcycle accidents too but
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the first thing i want to tell you is
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the thing that bikers are always most
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hesitant about
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and that is you ought to file an
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insurance claim
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with both insurance companies that's
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right
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file with your insurance company too
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there are so many reasons why this is
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important
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one is you're gonna get your property
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damage fixed much quicker
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than waiting for the driver's car to
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investigate the accident
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get you an offer pay on it and whatever
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so go with your own insurance company to
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get the property damage fixed yes you'll
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have to pay your deductible but if you
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weren't at fault for the accident
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chances are you're going to get that
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back
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the other reason you want to go with
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your own insurance is because there's
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chances are
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really good chances that you have
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coverage that can benefit you
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so what if you get hit by an uninsured
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driver or if the driver has
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minimal insurance policy limits like
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twenty five thousand dollars well in a
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motorcycle accident
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you could easily have a hundred thousand
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dollar case you can turn to your own
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uninsured and underinsured motorist
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coverage for that
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in addition you may have med pay or
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medical payments coverage or maybe it's
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called pip coverage where you are
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and that'll cover the first 2500 or 5
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000
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in medical payments so these are things
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in your own insurance policy that are
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going to be really important to your
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claim
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all right so you get the property damage
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fixed and usually that happens pretty
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quickly if it's not tell me about it in
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the comments section because i'd like to
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know what's going on
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but the next thing is your recovery and
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i'm talking about from a medical
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perspective
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not from a financial perspective you
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know i always tell people
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and sometimes they don't like to hear it
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but i always tell people
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focus on your health not your claim
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because the reality is if you get
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involved in a bad accident and you walk
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with a limp
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for the rest of your life even if you
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get a million dollars that's not enough
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compensation
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to make you whole so focus on getting
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better and everything else is going to
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take care of itself
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how do you do this well you get the
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right medical treatment i've talked
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about this so many times on this channel
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it's important to get medical treatment
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right after an accident
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not to allow a gap in treatment to occur
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not to stop getting treatment until your
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doctor discharges you
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and there's so many other valuable
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lessons on this channel i'm going to
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stop there for now
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but get medical treatment medical
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treatment is the primary reason cases
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take so long to settle
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if you get severely injured in a
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motorcycle accident you could be
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treating for 18
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months so get the medical treatment you
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need and if you need help getting
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medical treatment talk to your lawyer
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they'll know people
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that can help you as well when you do
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see your doctor
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don't be a tough guy this is not the
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time to be quiet about the pain
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and suffering you're going through i
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always tell people
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if your pain and suffering and your
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diagnosis is not in the medical records
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it does not
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exist to the insurance company so when
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you see your doctors
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tell them about everything you're going
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through i mean everything
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from the broken bones that you have to
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mentally you're suffering from ptsd for
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example
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or the fact that you are so injured you
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can't have sexual relations with your
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significant other whatever it is
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tell your doctor about it all right
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you're done treating so what do you do
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well if you're going to put a package in
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front of an insurance company and demand
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compensation
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you need to have all your medical bills
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and all your medical records
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so you need to start ordering these
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bills and records from your health care
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providers now if you have an attorney
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they'll take care of this for you but
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in this video i'm kind of going on the
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assumption that you're representing
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yourself
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so how do you do that you call up the
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main number for the hospital you ask for
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the billing department
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you ask for the records department
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chances are these two things are very
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separate and you're going to have to
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order
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separately from both of them but get all
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your bills and records
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and another thing if you went to an
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emergency room chances are there are
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providers you don't even know about
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like the emergency room radiologist or
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the fact that the emergency room
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physician probably bills separately in
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the emergency room
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you know again these are all reasons why
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i say get an attorney
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but these are things to know if you're
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ordering your medical bills and records
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in addition you're going to want to get
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documentation to document the fact that
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you lost
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wages generally speaking an insurance
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company is not going to pay a
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significant amount of money for lost
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wages
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unless you can prove it through time
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sheets or whatever it is contracts that
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you have if you're an independent
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contractor
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whatever it may be you're going to have
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to have documentation
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to prove that you lost wages because of
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the accident
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okay you've got all your medical records
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you've got all your lost wages
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now you're going to take them all and
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put them all together and analyze them
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and put them in a demand
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package for the insurance company
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usually it's a letter
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my letters my demand packages are very
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long i
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study hardcore the medical records i
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come up with the icd codes
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and the diagnoses that i got from the
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doctors that i document all the
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treatment
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you might want to consider that too if
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you really want to maximize your
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recovery
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then you're going to submit your demand
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to the insurance company
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you can do it by fax or most of these
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insurance companies allow you to send it
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by email these days
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and you could go back and forth they'll
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make you a very low ball offer generally
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speaking i did a whole video on why
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insurance companies lowball victims
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every single time um they'll make you a
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lowball offer you'll count or you'll go
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back and forth
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and then you're gonna either settle your
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claim or you're not gonna settle your
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claim
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so let's address those two different
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situations okay first let's say you
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settle your claim with them they offered
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you 10 grand and you agreed to it
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i did a whole video on all the things
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you need to do
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before you sign a release the insurance
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company is going to send you this
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document it's called a release of all
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claims or a settlement agreement or
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whatever
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there's a lot of stuff you need to do a
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lot of things you need to wrap up like
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negotiating your medical bills and
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making sure that your liens
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l-i-e-n are all paid off check out that
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video i'll put it in the show notes also
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so you have easy access to it
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but if you settle your case on your own
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there's a lot you need to do before you
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sign on the dotted line
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about 90 of the cases at least that i've
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been involved in
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actually do settle on and i've heard
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that a lot that about 90
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or maybe even more of all cases settle
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but let's say you can't settle so what
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do you do
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you have to file a lawsuit now the
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lawsuit that you file
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is going to be against the driver of the
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vehicle not the insurance company
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i get that question asked a lot who
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should i file a lawsuit against
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what will happen then is the insurance
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company ones will assign
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either their in-house attorneys in-house
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counsel or an outside attorney to
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represent
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their insured and will respond to your
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complaint that you filed
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and then the whole litigation process
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starts
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that could include written discovery
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meaning questions you ask
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them and questions they ask you it could
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involve depositions
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where they ask you questions under oath
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it could involve the
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deposing of expert witnesses which cost
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a fortune
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there's so many things that happen all
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the way up until you get to
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trial your day in court i strongly
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recommend
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if you're going this route get an
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attorney who knows what they're doing to
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represent you
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this could be overwhelming for most
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people and chances are because it's so
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overwhelming you're going to accept less
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than your case is worth
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so instead of doing that just talk to a
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personal injury attorney
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i can almost guarantee that with an
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attorney representing you you're going
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to recover more than you would have
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otherwise recovered on your own
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now it's time for your take on the law
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were you involved in an accident did you
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try to
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handle the claim and settlement process
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with an insurance company on your own
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tell me about it in the comments section
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below thanks for checking out this short
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video on the motorcycle accident claim
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and settlement process
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if you have any questions reach out to
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me and if you haven't already would you
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please subscribe to our channel
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thanks and have a great day
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you
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