Hit-and-run Motorcycle accident cases in New Orleans are on the rise. There are multiple cases reported daily where riders suffer from severe injuries after being struck by another vehicle on the road.
Motorcycles don’t have the same safety factor as other vehicles. In the common scenario of motorcycle accidents, the driver of the other vehicle (not the motorcycle rider) is the main reason for the collision.
Having said that, the motorcycle rider is more likely to take a hit that can lead to severe injuries, even death. Due to this reason, people dealing with motorcycle accidents in New Orleans require their insurance company to step in for damages and injury litigation. This brings us to motorcycle accident claims and the time it may take to settle them.
Motorcycle Accident Claim
Right after your accident, provided that you did not cause it, you are legally allowed to file a personal injury claim for settlement. This should be your first move – contact your New Orleans Motorcycle Attorney. Now the settlement time depends on the severity of the injuries and the medical costs required for treatment. Getting paid for the damages and closing the case depends on several factors, but here’s a list of what to expect on the timeline of your claim.
If the cause of your accident is straightforward and the driver’s insurance covers the damage – then your claim will probably be settled in a few months. If the insurance company for any reason has any disagreements, your case could end up in a civil court – taking years to settle.
Filing a Motorcycle Accident Claim
Filing for any motor vehicle claim is stressful. Particularly for motorcycle riders – as the average waiting time for the claim to settle is unpredictable. Although, every case is different – and the average settlement time in New Orleans can vary widely. But here’s a guideline to handle every step carefully to speed up the process of your settlement.
Fully investigate the accident
Start with the site, this is where you will get a flashback of the moments immediately before it occurred, including the aftermath. Here’s a list of key details you should address while investigating the accident.
- Road layout and intersections where it occurred
- Traffic lights and the timing of the accident
- Road Signs around the locations
- Damages near the accident location
- CCTV camera nearby
- Check yourself for any injuries
- Check your vehicle for any damages
Take photos as you spot key facts of the accident and obtain details of the other driver along with any witnesses.
Accurately value your lawsuit
This is the time when you assess the monetary value of the accident. You have to identify the costs and sources of the damages – financial, physical, fines, etc. Remember to be careful while calculating as it is common to overlook some expenses that should be included in your lawsuit. It’s ideal to contact a personal injury lawyer to get more direction.
They will assist you to claim accurately for damages like – Current and ongoing income loss, OTC and prescription drugs, property repair, replacement value, medical costs, and lastly any emotional pain and suffering, etc.
Weigh out the settlement offer
Let’s first explain what the actual representation of a settlement is. It is the resolution of the case without taking it to trial. A settlement is a situation where the plaintiff and the defendant mutually agree on an amount to close the case. In return, both parties declare to give up their right to the trial. Let’s look at the deciding factors for the final resolution or settlement.
Total Damages
This is the primary deciding factor that will determine the actual value of the settlement. You have to consider all of your economic and non-economic losses to come to an amount that is acceptable to the other party.
Plaintiff’s Life Post and Pre Accident
This is unique to every motorcycle driver. You have to think about the disruption the accident may have caused in your life. If you are an athlete, and the accident has affected you heavily in terms of your career, where returning to work is hard with injuries – your settlement will be valued based on your lost income and earning capacity.
In other words, your settlement amount solely accounts for the life that you were living before your accident.
Defendant’s Ability to Pay
This is where you have to check your defendant’s insurance policy because the insurance coverage will impact the settlement amount directly. It comes down to their assets – you have to evaluate the asset valuations before you make your claims. The defendant has to have the ability to pay the claimed amount.
Filing an Insurance Claim
Drivers in New Orleans are obligated to hold a minimum amount of liability insurance to compensate for any damages caused by their vehicle. It’s best to contact your motorcycle insurance provider right after the accident, without any delay. They will get in touch with the other driver’s insurer to proceed with the claim process.
All you need is to provide your insurance company with all the necessary files and documents within the dates agreed by the insurer. If your case is complex, it is likely to take longer to be resolved.
Now, if your damages can be covered by the other driver’s insurance – and there is a clear understanding between the two parties, your claims should be settled quickly. However, if there are any doubts or disagreements the case will take longer than expected. For example, sometimes insurance companies deny injury claims and in such situations, your settlement time is likely to be pushed back.
Final Thoughts on Settlement Time
On average, the entire process of a motorcycle accident claim and settlement can take up to a few months. But for complicated cases, it has been stretched to years. It all comes down to the time spent investigating the actual situation – both parties’ claims on the motorcycle crash.
We highly recommend hiring an attorney for New Orleans residents as it can help you expedite the process of closing the case. Professional advice will help to gain some perspective, map out expectations and rule out unimportant factors.
Having said that – a settlement does not rectify the situation and help the victim get the money straight away. For most cases, it is common and fair to have multiple parties, attorneys, insurance companies involved to calculate the compensations based on treatments, injuries, damages, etc.
