HOW FARMERS INSURANCE HANDLES MOTORCYCLE INJURY CLAIMSLast updated on: October 21, 2022
Dealing with the aftermath of a motorcycle accident can be stressful. You may be in and out of the hospital or doctor’s office while navigating your accident claim. Ensuring you understand the claims process can help alleviate some of the stress associated with a motorcycle accident.
A skilled motorcycle accident attorney can help you understand the laws that apply to your case, negotiate with the insurance company, file a claim, and pursue compensation through litigation.
If you or a loved one has been injured in a motorcycle wreck, call Zinda Law Group at (800) 863-5312 for a free consultation with an experienced motorcycle accident attorney.
HOW TO FILE AN INJURY CLAIM WITH FARMERS INSURANCE
Motorcycle accident claims are similar to any other car accident claim. If you are the one who was injured in the motorcycle accident, you will need to prove both liability and damages.
Here are some general guidelines for what to expect if you are filing a motorcycle accident claim with Farmers Insurance.
In order for Farmers Insurance to pay any part of your claim, you will need to prove the liability of the accident. To show that the defendant is liable for your injuries you will need to show that:
- A duty of care existed
- The defendant breached their duty
- The defendant’s actions or inaction caused harm
Many states follow the 51 percent modified comparative fault rule. This means that an injured party cannot recover any damages if they were more than 50 percent at fault for the accident. In other words, if you are injured in a motorcycle accident, in order to recover damages from the other party, you must prove that you were 50 percent or less at fault for the accident.
WHAT ARE YOUR DAMAGES?
In motorcycle accident cases, there are usually two types of damages that are awarded. Special damages may include lost wages, future lost earnings, medical expenses, and other financial losses related to the accident. General damages may include pain and suffering associated with the accident.
The third type of damages known as punitive damages is awarded in rare cases. To qualify for punitive damages, the defendant’s conduct must’ve been particularly egregious and of a nature that the court seeks to prevent in the future. A jury is never required to award punitive damages, but they may be worth pursuing in your case.
NEGOTIATING YOUR CLAIM
Just like in any other car accident case, you will need to provide Farmers Insurance with a demand letter outlining what kind of damages you are seeking. Your demand letter should specify the total amount that you wish to be compensated. Once you submit your demand letter, a Farmers Insurance claims adjuster will reach out to you and likely offer you a settlement.
It’s important to understand that Farmers Insurance works just like other insurance companies–it makes a profit by collecting more money in premium payments than it pays out in claims. Therefore, they will likely not have your best interests in mind when negotiating a motorcycle accident claim.
SETTLEMENT OR TRIAL?
The option between settling your case or going to trial will depend on the specific circumstances of your claim. Generally speaking, if you want to determine when to take a settlement with Farmers, you should think about the total amount your case is worth. This will help give you a number in your head of what you may be willing to settle for.
In addition, you ought to ask your attorney about your chances of winning at trial. Sure fire cases are sometimes unsuccessful for numerous reasons. This will inform your decision of whether to hold out and go to trial or take a settlement offer.
If you are not sure how to evaluate these figures, think about talking to a personal injury attorney. A motorcycle accident attorney can help you assess both the amount of damages you are entitled to and whether you have a chance of winning in the courtroom.
STATUTE OF LIMITATIONS
If you were hurt in a car accident, you need to understand the statute of limitations and how it affects your ability to sue the at-fault motorist.
The statute of limitations establishes the window of opportunity during which you must file a lawsuit against the driver who hit you. If you don’t file your lawsuit within the state’s timeframe, you forfeit your ability to sue the other driver indefinitely.
You may think that you have plenty of time to engage legal representation if your car accident happened recently, but in most cases you only have two years to file a lawsuit against the other motorist. Accordingly, you should speak with a lawyer as soon as possible after your injury.
NEED HELP? THE LAWYERS FROM ZINDA LAW GROUP CAN HELP
At Zinda Law Group, our personal injury lawyers have helped thousands of crash victims get their lives back on track after an accident. We have the knowledge and resources necessary to help you build the strongest claim possible and pursue maximum compensation for medical bills, property damage, lost income, pain and suffering, and more.
Our firm also believes an injury victim should never have to worry about being able to afford excellent legal representation. That is why we offer 100 percent free consultations, and why you pay nothing unless we win your case. That’s our No Win, No Fee Guarantee.