After a car accident, injured victims can file a claim with the insurance company
of the at-fault driver. This is referred to as a “third party claim,” as you are not the
party directly insured under the policy. Bicycle-car accident insurance claims can
be complicated, however, so it is imperative to have professional legal assistance
throughout the entire process.
Even if you have made insurance claims before, a third party claim filed by a
bicyclist can be significantly more challenging than a claim with your own
insurance. This is because the insurance company may try to avoid liability in
many different ways. Your claim can be reduced or even completely denied for
several reasons, including:
The insurer claims you were at fault (partially or completely) in
the accident.
The insurer questions the extent of your injuries or damage to
your bicycle.
The insurer claims your injuries or damages were the result of
another incident and not the car accident.
In some situations, an insurance company may make a settlement offer that is
much lower than you deserve for your losses. However, many injured bicyclists
mistakenly believe they have no choice but to accept the offer because they do
not know how to negotiate a higher offer. This situation can be have serious
consequences because, once you accept a settlement offer, you lose the right to
ever seek additional compensation for your injuries from that particular accident.
This is the case even if you later realize the settlement was grossly inadequate to
cover your losses. For this reason and others, you should always discuss an
insurance claim with an experienced bicycle accident attorney before making any
decisions.
How an Attorney Can Help During the
Insurance Process
An experienced bicycle accident lawyer can help you obtain maximum
compensation from an insurance company in many different ways. In fact, you
should consider consulting with an attorney before you file a claim in the first
place.
Filing a claim with a professional demand letter that comprehensively covers all
of your accident-related losses can increase your chances of a successful claim
from the start. An attorney will know how to compose a persuasive demand letter
and to include as much evidence of your losses as possible. In addition, a lawyer
can provide evidence to support your claims that the driver was at fault in the
bicycle-car accident and lessen the chances the insurance company will assign
blame to you instead.
A demand letter does not always result in an adequate settlement offer, however,
and negotiations are often needed to ensure a bicyclist receives the full amount
of compensation deserved the totality of the losses. An experienced attorney will
know how to engage in negotiations with an insurance company to increase your
settlement offer as much as possible. A skilled attorney will also be able to
identify when a settlement offer is inadequate and can advise you to reject an
offer. If it seems that an insurance company will refuse to offer the full amount
you need and deserve, your attorney can help determine when it is time to
pursue compensation through a personal injury claim in court instead of directly
from the insurer.
The post How Cyclists can get Compensation After Being Hit by a Car appeared first on GJEL Attorneys.