How to Hire a Motorcycle Accident Lawyer
If you’ve been injured in a motorcycle accident, the first step you should take is filing a police report. In New Jersey, any accident that damages more than $500 must be reported to the police. If you can, document the accident with pictures or video. This is especially useful if the accident occurred on a busy street. In addition to taking pictures of the scene, you should also obtain the vehicle information of the driver, as this will help you later when you’re trying to take legal action.
UM/UIM insurance can help you get compensation for injuries
Under the Personal Injury Protection (PIP) law in Florida, you can file a claim for medical expenses and lost wages of up to ten thousand dollars if the other driver was at fault for the accident. The bodily injury liability insurance of the at-fault driver may cover the amount over the UM/UIM limit. However, if the other driver was uninsured, the victim of the accident must file a claim for uninsured motorist benefits in order to collect compensation.
Under the PIP law, the injured person does not have to prove that the at-fault driver was at fault for the accident. However, with UM/UIM, the injured person must prove that the other driver was negligent and caused the accident. This is a difficult standard to meet because insurance companies are likely to try to recoup some of the payments by examining the at-fault driver’s liability insurance.
Statute of limitations on personal injury lawsuits
While you might not be aware of it, there is a two-year time limit for bringing a motorcycle accident lawsuit in New Jersey. This time period is a requirement in order to file a lawsuit, and if you do not act within that time frame, you could be out of luck. Moreover, you must first attempt to negotiate with the insurance company in order to recover compensation for your injuries. This process can take more time than you’d like and the insurance company may intentionally prolong the process to delay the filing of a lawsuit.
In addition to contacting a motorcycle accident lawyer, it’s important to preserve evidence. Photographs or videos of the accident scene are valuable pieces of evidence, and can provide a detailed account of what happened. Document your injuries and the condition of your motorcycle, and keep a file of any other evidence that corroborates your claims. Medical bills and accident-related expenses should be recorded as well.
Getting compensation from negligent driver’s liability insurance
If you have suffered an injury due to the negligence of another driver, getting compensation from their liability insurance company can be tricky. You can try pursuing a lawsuit against them if their insurance coverage is insufficient. A judgment may be simple to obtain, but collecting the money can be a challenge. Most negligent drivers don’t have large assets or enormous sums of money, so collecting the money can take many years.
The modified comparative negligence 50% rule does not allow you to collect from the other driver’s insurance company unless you were equally responsible or more at fault than the other driver. This rule does not apply to first-party car insurance claims, where both drivers can collect. In Colorado, for example, if you were 50% at fault, you would not be eligible for a collision claim from the other driver’s liability insurance company. Instead, you would have to file a collision claim with your own insurance company.