As an experienced personal injury attorney, I’m going to explain why it’s important to move quickly when filing a motorcycle accident claim on behalf of my client. It’s is especially important when you are pursuing the policy limits of the insurance on the at-fault driver.
I created an entire series of pages explaining how I handle motorcycle accident claims. There are several other pages you may want to review prior to reading further:
- Understanding Kentucky Motorcycle Accident Claims
- The Purpose of a Letter of Representation in a Motorcycle Accident Claim
- Reserving No-Fault Benefits After a Motorcycle Wreck
- Getting Motorcycle Crash Medical Records and Bills
So, in my hypothetical case, I determined that I could show fault on two of the three motorcycle drivers. Recall that my client is a passenger so she can’t be at fault for the motorcycle crash. This is an important factor in my strategy to send early demand to settle my client’s injury claim for the limits of liability on the at-fault drivers.
Filing for Policy Limits
Once I had my client’s medical records/bills, I sent them off to all the insurance carriers with a letter demanding their policy limits. What do I mean by “policy limits”? The policy limits are the most amount of insurance they have under the motorcycle insurance policy. I demand the limits because I want it to cover all the insurance they might on the motorcycle.
For example, I have a case right now wherein the policy limits on the automobile insurance are $300,000 per person but, there is an umbrella policy for another $1,000,000 in liability coverage. Obviously, I want my client’s demand to cover both policies of insurance if her injuries are that severe.
Additionally, why did I send a demand so quickly when my client was still treating? Because I was pretty sure that my client’s medical bills alone would exceed the maximum amount of the insurance policy on the at-fault driver(s). If there is a limited amount of insurance to collect from an at-fault driver, a good personal injury lawyer should try to get that insurance carrier to offer their policy limits fast. Thereafter, he can collect the remaining value of his client’s injury claim from the underinsured motorist carrier.
Before going any further, I want to stress the importance of sending medical records and bills, when substantial or when surgery is involved, to an insurance carrier as soon as I can. This is because I am arguing, between the police report, my demand letter and my client’s medical records/bills, that I have just voluntarily given the insurance company everything they need to evaluate the value, and merits, of my client’s personal injury without a lawsuit. Further, it is such a clear case of fault and substantial damages, they should be trying to settle my client’s personal injury claim in an expedited manner.
Aggressively Filing a Motorcycle Accident Claim Is an Important Step in Properly Representing My Client
Honestly, that’s huge! Insurance companies have a legal duty to evaluate a claim in good faith and to protect their insureds from an excess judgment. If they breach this duty, they can be held liable under the concept that they acted in “bad faith”. The point being that if my argument is correct, they should be acting quickly to resolve my client’s personal injury claim AND, they don’t have any excuses for not doing so! Moreover, they should be doing so because it protects their insured from an excess judgment.
Read the next page topic about splitting policy limits, when there are more than one person involved in the motorcycle accident.