Victims suffering injuries and other losses due to the actions of another person can file a claim against that party. Filing a motorcycle accident claim requires carefully documenting losses, demonstrating fault, and then negotiating with the insurance company for fair recovery of your damages. The burden of proof is on the victim, which means hiring a Nashville motorcycle accident lawyer can be critical.
Determining Fault in a Motorcycle Accident
If you are in a motorcycle accident, get medical care immediately and focus on your recovery. When it is safe to do so, you will need to report the accident to the police and document what happened. To seek compensation against another company, person, or other party, you must demonstrate that they were at fault.
Tennessee is an at-fault state, which means that the driver who caused the accident is responsible for the damages incurred by the victims. However, the state follows a modified comparative fault doctrine, which means that you can only seek financial compensation if you are under 50% at fault. If you hold 50% or more of the fault, you cannot seek any damages.
To prove fault, you must obtain documentation that shows the other driver or party owed you a duty of care, failed in that duty of care in some way, such as by violating traffic laws, and that resulted in the accident that caused you losses. Your auto accident attorney in Nashville will help you determine when this applies to your situation.
Calculate All of Your Losses
The next step in filing a motorcycle accident claim is to understand what all of your losses are. Losses include any financial or other types of implications you suffer as a result of the accident. Some of the most common damages associated with serious motorcycle accidents include:
To prove these losses, you must demonstrate their value through evidence. That could include claims made through your insurance company or documentation of the impact on your life and well-being.
Negotiating with the Insurance Company
With all of this information, victims must then submit a claim to the at-fault party’s insurance company that clarifies fault and losses and negotiate a fair level of compensation. This is a critical step in the process and one that typically requires an attorney’s experience. You must answer the insurance company’s questions, provide evidence as needed, and bring witnesses who showcase your losses.
Going to Court in Tennessee
Most of the time, motorcycle accident claims in Tennessee will settle outside of court thanks to the skill of your personal injury attorney in building an evidence-based claim. In some situations, you may need to go to court to file a lawsuit. Keep in mind that Tennessee has a very strict one-year statute of limitations. If you wait beyond this time to take legal action, you could lose your opportunity to do so.
Hire a Motorcycle Accident Attorney Instead
You do not have to manage this motorcycle accident claim process on your own. Let the legal team at Selvidge Injury Law become your advocates in these cases. Set up a free consultation to work with us to understand what your rights are and to fight for fair compensation under the law.
