Victims in motorcycle accidents can suffer from catastrophic injuries and significant property damage, resulting in crippling expenses. The at-fault driver’s insurance company fairly compensates accident victims in some cases. However, you can sue someone personally after a motorcycle accident if you get hurt and the insurance company refuses to compensate you adequately.
If you are interested in taking legal action against the driver who caused your accident, a motorcycle accident lawyer from our firm can assess your situation and help you get clear on your legal options.
Try Contacting the At-Fault Driver’s Insurance Company First
In some cases, getting fair compensation from an insurance company can prove tricky. It is not unheard of for insurers of at-fault drivers to offer victims settlements that are much too low. If this happens, the amount does not cover all damages and expenses. After all, it is in the insurers’ best interests to preserve their own profits.
If this has happened to you, and the insurance company’s offered settlement does not cover your damages, we can help you discuss your next best steps. A dedicated attorney negotiating with the insurance company can provide the leverage you might need.
However, if the other party’s insurance company will not budge and negotiations fail, it can be in your best interests to go after the at-fault driver personally. Your motorcycle accident lawyer can take the necessary steps and help you file a lawsuit. They can help you fight for an adequate settlement covering all your damages.
If the At-Fault Driver Is Uninsured, You May Have to Sue
Experiencing an accident and subsequently finding out that the at-fault driver had no insurance can come as a huge blow and leave motorcycle accident victims with little recourse. In the first instance, you can try to get your due from your insurance company. This can be your best option if you have uninsured and underinsured motorist coverage.
The California Department of Insurance confirms that an uninsured motorist provision in your policy can help pay for property damage as well as bodily injuries.
However, if you do not have uninsured or underinsured motorist coverage, you may have no choice but to sue someone personally after a motorcycle accident. Getting your due may be challenging, but a motorcycle accident lawyer with our law firm can assist you with all aspects of filing a lawsuit against the at-fault driver.
Suing the Other Driver Personally
Negotiations with an insurance company might not progress to a fair settlement. Sometimes, the at-fault driver has no insurance. You will likely have to consider suing the at-fault driver to receive compensation. If you decide to file a lawsuit, consider that your time to do so may be limited.
In California, motorcycle accident victims generally have two years to file a personal injury lawsuit, according to the California Code of Civil Procedure (CCP) §335.1. If you have already spent a considerable amount of time recovering from your injuries and arguing with an insurance company over a fair settlement, you may wish to act immediately.
Proving Negligence
As a motorcycle accident victim, you can potentially recover various damages, including medical expenses, income loss, awards for pain and suffering, and others. However, you will have to prove that the other driver behaved negligently in causing your accident, injuries, and damages.
Examples of negligent driving acts and behaviors include:
- Driving drunk or under the influence of drugs
- Driving while distracted, such as texting or eating while operating a vehicle
- Violating traffic laws and regulations
- Racing other cars
- Falling asleep at the wheel
Jacoby & Meyers Law Offices Could Help You Sue an At-Fault Driver
Having a dedicated motorcycle accident lawyer by your side can be reassuring. An attorney can be on your side when it comes to dealing with the aftermath of a devastating accident. We can help victims recover their due by fully analyzing an accident scene and circumstances. Your lawyer can also help interview witnesses and scour police reports and other relevant documents. We can also help victims gather the necessary evidence to prove the negligence of the at-fault driver.
Jacoby & Meyers Law Offices wants to help accident victims recover the compensation that they need and deserve. As such, we will assess your damages thoroughly, ensuring all your past, present, and expected future costs are considered. Our team will ensure you do not leave any money on the table when negotiating for compensation.
Call Our Attorneys Today
Contact us now for a free consultation to learn how we can help you get your due from the motorist who hit you. You can reach us at (888) 522-6291.