Motorcycle Accident Lawyers Explains How to Work With the Insurance Company

As motorcycle accident lawyers, we help a lot of people that have been injured and are unsure of how to work with the insurance company (whether it be their own or the other driver’s) or what their next step should be.  This is understandable since most people do not often deal with another party’s insurance company, and are even less familiar with how to proceed with their own insurance company if the driver that hit them does not have enough insurance coverage, or no insurance. With that in mind, here are a few tips –

One of the first steps is to call your insurance company’s claim department.  Most have one that is available 24/7.  On this call, you will be speaking with a service representative that will take down your personal information and the basic facts of what happened in the accident. The purpose of this call is for you to open a claim and have a claim number assigned to you.  Your insurance company will also likely ask you to give a “recorded statement,” in which they will question you about the details of the accident and record the interview/call.  Because this process is unfamiliar to most people and even intimidating to some, and because you want to make sure that your account of the accident and your injuries is correctly stated, it is often helpful to meet with your motorcycle accident lawyer prior to giving such a statement so you will know what to expect.

You should always attend to your injuries right away; get checked out by a doctor and follow his/her recommendations. Give them your auto insurance information and claim number as well as your health insurance information. That way, your medical bills will be properly submitted and lessen your out-of-pocket expenses for medical bills that you did not cause.
We will be happy to meet with you and discuss what happened leading up to and during the accident.  Every detail can be valuable for building your case, so try to remember as much as you can and do not leave anything out, including what was around you, the road and weather conditions, etc.  You never know what will be used at a later date to prove your case.   If you do retain our services, we can then work with the insurance company on your behalf so that you will not have to worry about gathering your medical records, medical bills, wage loss information, etc., compiling that information and getting it to them.

As motorcycle accident lawyer, we will warn you that most insurance companies aggressively defend personal injury claims; therefore, you may be required to answer written questions under oath (interrogatories) or to appear for a deposition (where you are questioned under oath by the opposing party’s attorney).  The result of this discovery process will determine whether or not they make a settlement offer and, if so, how much they are willing to offer.  We can negotiate on your behalf to ensure that you receive the compensation you require, and if the insurance company’s offer is unreasonable, we can go to court and allow a jury to decide.

Terms You Can Expect to Hear from Civil Litigation Attorneys in Rapid City

As civil litigation attorneys in Rapid City, we represent clients with a variety of legal challenges.  Many people are unfamiliar with the differences between criminal and civil law, the terms that are used and the process in general.  If you are not an attorney or trained in the law, a lack of understanding can lead to complications when trying to go to court on your own.  This is one reason we always recommend retaining legal counsel.

In conversations with clients, we have found that people become more comfortable when they understand what to expect from the process.  With that in mind, here are some terms that you may encounter when engaged in civil litigation.

• Complaint.  As civil litigation attorneys in Rapid City, we can file a complaint (lawsuit) on your behalf.  This is a written document that sets forth your allegations (i.e., how you were wronged or injured and the remedy you are asking for).  It is signed and filed with the court and formally served (e.g. delivered by a Sheriff) on the person(s) you are suing. 
• Plaintiff.  You are the plaintiff if you are the one suing someone else.  For example, if you were injured due to a defective product and wanted to sue the company that made it, you would be the plaintiff.
• Defendant.  The defendant is the person or business you are suing, or against whom the lawsuit is being brought.  In some cases, like the example above, there may be multiple individuals or companies that contributed to what happened or are at fault.  We will help you identify them to make sure that the appropriate individuals or companies are included in the suit so that the appropriate individuals or companies are held accountable and you receive the financial compensation needed to compensate you for your injuries.
• Mediation.  Basically, a mediation is when the two parties in the lawsuit hire a neutral third party to assist them in negotiating in an effort to reach a settlement.  There are times where mediation can be helpful. For example, mediation allows the parties to often get the case resolved sooner, avoids the risks inherit with any trial, and avoid the additional costs that will be incurred at trial (e.g. expert witness fees).  Most mediations are non-binding; therefore, if the final offer proposed by the opposing party is insufficient, you have the ability to decline the offer and proceed to trial.
• Hearing.  Before the actual trial, the attorneys for the parties may appear before the Judge and submit oral argument concerning a motion or other matter and respond to any questions from the Judge.  The Judge may issue an oral decision that day, or take the matter under advisement and issue a Memorandum Decision or Order at a later date. 
• Discovery.  As civil litigation attorneys in Rapid City, we use discovery to “discover” facts and documents that might be helpful or harmful to your case so that we know all of the facts relevant to the lawsuit when we go to trial. Discovery typically consists of sending the defendant interrogatories (a list of questions that need to be responded to under oath), requests for production of documents (written requests for documents, or to inspect things), requests for admissions (written requests asking the opposing party to admit certain facts relevant to the lawsuit), and depositions (an individual is placed under oath and questioned by an attorney in the presence of a court reporter). As is readily apparent, the information obtained through discovery can be very critical in building your case.

To learn more about the legal process or to discuss your case in detail, schedule a consultation.