When you get injured in a motorcycle accident, filing a successful insurance claim can be critical for your recovery. As the costs of medical care continue to rise, even relatively minor injuries can cost far more than most people can afford to pay on their own. While filing a successful insurance claim isn’t easy, a Birmingham motorcycle accident attorney can help, and you can hire an attorney to represent you at no out-of-pocket cost.
Filing a successful insurance claim after a motorcycle accident can be challenging for several reasons. But, one of the most common issues riders face is having the insurance companies blame them for their own injuries. This can have a major impact on your insurance claim, so it is important to make sure you know what to do if the insurance companies accuse you of being partially at fault in your accident.
How Partial Fault Impacts Motorcycle Accident Insurance Claims in Alabama
To understand why insurance companies like to blame riders for their own injuries, we have to take a look at Alabama’s “contributory negligence” law. While all states have some version of this law, Alabama’s law is particularly unfavorable for injured riders.
In some states, if you are partially at fault in a motorcycle accident, the amount you are entitled to recover is reduced based on your percentage of fault. But, in Alabama, this is not the case. In Alabama, if you are even one percent at fault in a motorcycle accident, you are not entitled to any financial compensation for your accident-related losses.
Dealing with Accusations of Partial Fault in an Alabama Motorcycle Accident Case
Of course, just because the insurance companies accuse you of being partially at fault for your injuries, this doesn’t mean that you actually played a role in causing your accident. Given that the insurance companies have a very strong financial incentive to blame you for what happened, you should be very skeptical about anything they say about the outcome of their investigation.
To make sure the insurance companies do not deny your claim unfairly, you should hire a Birmingham motorcycle accident attorney to investigate your accident as well. Your attorney will investigate with your best interests in mind, and your attorney will provide an honest assessment of your legal rights. Until you have a clear and unbiased understanding of exactly why your accident happened, you won’t be able to make an informed decision about whether to accept the insurance companies’ determination of fault.
Hiring an attorney to investigate your motorcycle accident serves another critical purpose as well: Your attorney will be able to collect the evidence needed to prove your legal rights. This includes the evidence needed to disprove any accusations of partial fault. Of course, this evidence needs to actually exist, but the only way to find out is to conduct a comprehensive investigation as soon as possible.
Proving the Financial and Non-Financial Damages You Are Entitled to Recover
If you have an insurance claim for your motorcycle accident, proving the cause of your accident is critical—but it is not sufficient on its own. If your attorney is able to prove that you did not play any role in causing your accident, then the next step is to prove how much you are entitled to recover.
Under Alabama law, injured motorcycle riders are entitled to just compensation for all of their financial and non-financial losses they incur as a result of an accident that was someone else’s fault. These losses are referred to as your “damages.” Financial damages in motorcycle accident cases include:
- Medical bills, prescription costs, and other out-of-pocket expenses
- Loss of income and benefits
Non-financial damages in motorcycle accident cases include:
- Pain, suffering and emotional trauma
- Permanent scarring and disfigurement
- Loss of consortium, companionship and enjoyment of life
Punitive damages are also available in some cases. For example, if you got hit by a drunk driver while riding your motorcycle in Alabama, you may be entitled to punitive damages in addition to the financial and non-financial damages listed above. In addition to conducting a comprehensive investigation an experienced Birmingham motorcycle accident attorney will be able to comprehensively assess the damages you are entitled to recover.
What if the Insurance Companies Refuse to Drop Their Accusations of Partial Fault?
In many cases, getting an attorney involved and using the available evidence to prove that you were not partially at fault in your motorcycle accident will be enough to convince the insurance companies to accept liability. But, what if it isn’t?
If the insurance companies continue to try to avoid paying for your motorcycle accident by accusing you of being partially at fault, at some point, you will need to think about taking your claim to court. This is an important decision that you will need to make in consultation with your attorney. Based on the evidence that is available and the long-term financial and non-financial costs you are facing, your attorney will be able to help you make an informed decision about whether it is worth fighting for just compensation at trial.
In any case, if you are dealing with insurance companies after a motorcycle accident in Alabama, you need to avoid making any assumptions about your legal rights. You have too much at stake if you were seriously injured. To make sure you don’t fall victim to the insurance companies, you should discuss your claim with an experienced Birmingham motorcycle accident attorney as soon as possible.
Contact Us for a Free Consultation with a Birmingham Motorcycle Accident Attorney Today
Do you need to know more about how to deal with accusations of partial fault after a motorcycle accident in Alabama? If so, we strongly encourage you to get in touch. We can help you understand your legal rights, and if warranted, we can deal with the insurance companies on your behalf. For a free, no-obligation consultation, call 205-855-2745 or tell us how we can reach you online today.