How to Maximize a Motorcycle Accident Settlement

Motorcycle accident settlement is a common result after you are involved in a motorcycle accident. In the vast majority of states, you may file a lawsuit as a direct result of any car accident in which you suffer damage due to negligent driving by another party. Limited exceptions exist for 12 "no fault" states where you may sue only for serious injuries, but otherwise, the party who is at fault and responsible can and should be made to pay. While a lawsuit is permitted, however, it isn't often the way things work out. Most insurance companies will make settlement offers out of court, and many plaintiffs accept these offers and release liability because they wish to get their compensation without the hassle of a trial. If you find yourself involved in a motorcycle accident and you wish to negotiate a settlement offer, there are a few key things you can do in order to get the maximum compensation possible. 

How to Maximize a Settlement Offer

The process of maximizing your motorcycle accident settlement offer begins as soon as the accident has happened. To get the best possible settlement, you should:

• Collect evidence at the scene of the accident. This includes police reports, witness statements and identification information, and photographs of the damage vehicles and location where the accident took place. The more solid your evidence, the better the chance that the other party (and the other party's insurance company) will accept responsibility or fault for the accident. Once they've accepted responsibility, they'll want to try to negotiate a settlement. Furthermore, the more convinced the other side is that you could win in court because of the extensive proof you have, the more generous the settlement will be. 
• Keep track of your damages. Compensation included in a settlement should cover medical and treatment costs, payment for work/income lost, pain and suffering compensation and damages for emotional distress. If you have a detailed record of the treatments you had, a calendar showing missed work days, and a journal detailing your struggles with pain, then you'll be able to prove just how extensive your damages were. The insurer won't be able to argue then that the damages didn't occur, and will also know that you have solid proof for the jury and will want to avoid the case getting to the court room. 
• Send a demand letter. Many people passively wait for the insurance company to make them a settlement offer. This is a bad idea in most cases. You don't want to start negotiations on the terms the insurance company decides are fair. Instead, you should consider what you believe to be reasonable compensation (keeping in mind that an insurer won't pay damages that exceed the limits of the insurance policy) and let the insurer know in a formal demand letter that your amount is the amount it will take to settle. They might not agree to pay exactly what you ask, but negotiations can start with the higher number you put out there instead of the lower number they'd probably come up with. 

Getting Legal Help

While the above tips go a long way towards helping you to get the best settlement possible from a motorcycle accident, there is no step so important in maximizing your settlement as is enlisting the help of a car accident/personal injury attorney. Lawyers who specialize in car accident cases know what an appropriate settlement amount is and can ensure you do not get or accept a lowball offer. They may have established relationships with insurance companies and insurance adjusters over the years and may have a reputation for making sure their client's rights are protected, so insurance companies are less likely to be unfair to these experts than to the average layperson. Lawyers are also trained experts in negotiation. Finally, when you hire a lawyer, an insurance company knows you are ready, willing and able to go to court with that lawyer if it becomes necessary, and they'll be even more eager to avoid that risky outcome.