Have you been injured in a motorcycle accident in North Dakota? If so, you may be entitled to compensation from the party who caused your accident. However, the claims process after a motorcycle accident in North Dakota can be challenging to navigate. In this article, our North Dakota personal injury attorneys discuss the steps in the claims process to give motorcyclists a better understanding of what to expect after a motorcycle crash.
Steps to Take Immediately Following a Motorcycle Accident in North Dakota
The steps you take after a motorcycle crash can help you prepare for the claims process. Steps to take include:
- Call 911 to report the crash. State law requires motorists to report accidents involving injury, death, or $4,000 or more in property damage. Having an official crash report is essential for the claims process.
- Do not admit fault. Tell the police officer what happened without making assumptions of fault.
- Take photographs of the accident scene and make a video with your cell phone. Obtain the names and contact details of eyewitnesses.
- Seek immediate medical treatment for your injuries. Delays in medical care and/or failing to follow your doctor’s instructions could hurt your claim.
You also need to keep copies of all documents related to the accident. Detailed records of financial losses, expenses, and medical evidence improve your chances of receiving a fair settlement for damages.
Filing an Insurance Claim for a Motorcycle Accident in North Dakota
Motorcyclists are not required to purchase no-fault insurance coverage (Personal Injury Protection). You can file a claim with your insurance provider if you have PIP insurance. Regardless of whether you have PIP coverage, you might have a claim against the other driver if they caused the accident.
The general steps for a liability insurance claim include:
- File a claim with the other driver’s insurance company.
- The insurance company assigns an adjuster to investigate your claim.
- The insurance company determines how much your damages are worth. Damages include economic (financial losses) and non-economic (pain and suffering) damages.
- If the company accepts liability, it offers to pay the damages.
The insurance company may deny your claim. If so, contact an attorney to discuss your legal options for pursuing a claim in court.
What Do I Need to Know About Motorcycle Accident Claims?
Some things to know about motorcycle accident claims include:
- You have the burden of proving that the other driver caused the accident. The insurance company may shift the blame to you to avoid paying your claim.
- The insurance adjuster will try to get you to answer questions on a recorded line. Your statements could be used to accuse you of causing the accident.
- Even if you deal with your insurance company, the adjuster is not on your side. The adjuster’s job is to protect the company from liability.
- The initial settlement offer is often lower than the value of your claim. The insurance company will not tell you if your claim is worth more than they offer for settlement.
- The insurance company may make you an offer before you complete medical treatment. This tactic attempts to obtain a settlement agreement before you realize how much your claim is worth.
- Settlement agreements include language that waives your right to file a lawsuit or pursue other claims, even if you realize you have additional damages or should have been paid more for your claim.
Legal advice is one of the best ways to protect your rights after a motorcycle accident. The insurance company has a team of professionals working to protect it from liability. You need a legal team on your side to protect your best interests.
Learn More During a Consultation With Our North Dakota Personal Injury Attorneys
The motorcycle accident claims process can be overwhelming, especially when you need to focus on your recovery. Our legal team at Pringle & Herigstad, P.C. handles all aspects of the claims process, including dealing with uncooperative insurance companies. Call us to schedule a consultation with our North Dakota motorcycle accident attorneys.
