While you can sue someone personally after a motorcycle accident, you may have other options for seeking financial compensation. In many cases, you can file an insurance claim with the at-fault party’s insurer and avoid having to bring a lawsuit forward and go to court.
Our law firm can help you file a lawsuit after a motorcycle accident if you don’t feel comfortable doing so on your own. Let’s explore the question, can I sue someone personally after a motorcycle accident?
When the At-Fault Party Is Uninsured
Even if the at-fault party is uninsured, you may still have legal options besides a lawsuit. Depending on the options available through your own insurance policy, a personal injury lawyer from our firm can help you explore whether your policy contains any of the following:
- Uninsured motorist (UM) coverage
- Underinsured motorist (UIM) coverage
According to the Insurance Information Institute (III), your policy may pay your accident-related expenses and losses. Our legal team can request a complete copy of your insurance policy so that we can review your policy limits and any optional coverage it may provide.
Also, the at-fault party might have another insurance policy that could help pay some of your losses, even if they do not have automobile insurance coverage. Some people have “umbrella” liability coverage as a rider to their homeowner’s insurance policy. This type of insurance can cover multiple types of liability situations, like collisions. These policies often carry higher payout limits than car insurance.
For a free legal consultation, call (337) 777-7777
Filing a Claim or Lawsuit May Help You Recover Your Motorcycle Accident Damages
Whether you decide to file an insurance claim or sue someone personally after a motorcycle accident, both routes are ways you may be able to recover your motorcycle damages. When seeking financial recovery, you will need to assess which damages entitle you to compensation. Some examples of compensable damages include:
- Loss of wages
- Psychological trauma
- Pain and suffering
- Motorcycle damage
- Medical care expenses
- Loss of enjoyment of life
If your loved one was fatally injured because of a motorcycle accident, you might also be entitled to recover costs associated with their loss, such as funeral expenses. You might also be able to receive compensation for more emotional losses, such as loss of consortium or loss of parental guidance.
We Can Explore the Limits of Your Motorcycle Accident Insurance Policy
If you discover that the at-fault driver does not have insurance, you might be able to seek compensation by suing them personally. You might also have to sue the negligent driver personally if they have insurance, but not enough to cover your expenses and losses. Conversely, your lawyer from our firm can help you tap into the UM or UIM portions of your policy.
Uninsured motorist (UM) coverage may cover the cost that an uninsured driver should have covered. Underinsured motorist (UIM) coverage may cover the costs that remain after an insured driver’s policy reaches its limit.
You can provide a copy of your insurance policy to a member of our legal team to have them review it. Be careful to also include any amendments or optional coverage purchased at any point during the lifetime of your policy.
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Your Case May Include Evidence That Established Why You Need Compensation
Your case has to provide evidence that can support your claims about the accident. To start building evidence for your case, our legal team can request a copy of the accident report. This report may tell us:
- How to contact all involved parties
- Driver errors that may have contributed to the accident
- The extent of the damage to your motorcycle
Your accident report may also point to mechanical failures or other reasons that led to the collision. In addition to your accident report, your lawyer can help you create a case file that includes:
- Medical records
- Medical bills
- Salary records
- Repair bills
- Witness statements
Your case file might also contain photos that prove the extent of your physical injuries on the scene and later. It may also include photos of your motorcycle and the at-fault vehicle from various angles, showing points of impact and other details.
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Start Exploring Compensation Immediately
If you decide to sue the at-fault driver personally, your potential court case has a time limit, as explained by the American Bar Association (ABA). Each state has a statute of limitations, which determines the filing deadline for personal injury cases. If your motorcycle accident lawsuit is not filed within the allotted time:
- You might not be able to file it at all
- It might be dismissed immediately
Do not let an expired filing deadline prevent you from getting the compensation you need. Our team can help you file your lawsuit on time. With sufficient notice, we can also examine the accident scene, collect valuable evidence, and interview witnesses while their recollections are fresh.
Under the Louisiana statute of limitations, Louisiana Civil Code § 3492, you only have one year from the date of the accident to file a lawsuit seeking compensation for your losses. Missing the filing deadline could cost you everything.
How You Can Afford to Hire a Personal Injury Attorney for Your Motorcycle Accident
We handle personal injury claims like motorcycle accidents on a contingency fee basis. With this type of fee arrangement, you do not pay us any upfront legal fees. Instead, we receive a portion of the settlement proceeds or jury award at the end of the matter for our legal fees.
When you have medical bills piling up and might be unable to work because of your injuries, the last thing you need is to have to pay upfront legal fees. Contingency fee arrangements allow us to provide the legal help you need even if you cannot afford to pay for it out of pocket at that time.
Mistakes to Avoid After a Motorcycle Accident That Could Decrease Your Financial Recovery
Many things could go wrong after your motorcycle collision that could negatively impact the amount of money you might collect for your injuries. For example:
- Posting on social media: People are usually surprised when they discover that the defendant might be able to access their social media accounts and take their photographs and comments they posted out of context to try to justify paying less money than they deserve. It is usually best to take a complete break from social media until your injury claim is over.
- Giving a recorded statement: If there is a claims adjuster assigned to the case, they will probably ask you to give a recorded statement. These statements benefit the defendant, not you. Instead, if you get asked to give a recorded statement, simply invite the person to talk to your personal injury attorney.
- Waiting too long to talk to a lawyer: We will need some time to investigate your accident and injuries and draft the court papers. Louisiana has a very short statute of limitations, so you do not want to wait until the last minute to get legal representation on your injury claim.
These are but a few examples of the mistakes that can happen that could cost you money on your injury claim. Working with a lawyer from the beginning protects you from these and other pitfalls that could sabotage your case.
How We Have Helped Our Clients Get the Money They Deserve
We are not afraid to take on challenging cases and go after big settlements or jury awards. Here are some representative cases in which we got life-changing results for our clients:
- A $23 million judgment for the wrongful death of a mother
- A $17 million trial verdict for patients who got overbilled
- A $7 million judgment for the injured driver of an 18-wheeler
- $5.5 million for an injured maritime worker
You can check out more case results on our website.
Pursue Compensation After a Motorcycle Accident
If you were injured in a motorcycle collision, you might have the basis of a personal injury lawsuit. Find out how the guidance and direction of a personal injury lawyer from our law firm can help.
If you would like to sue someone personally after a motorcycle accident, contact the team at Laborde Earles Injury Lawyers. Our team wants to help you fight for financial compensation.
Call or text (337) 777-7777 or complete a Free Case Evaluation form