3 Possible Arguments You Can Face In A Motorcycle Accident Settlement Negotiation
Posted on: 16 March 2015
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As a motorcycle rider, your claim for an accident could face special scrutiny. Motorcycles are sometimes perceived to be more dangerous than riding in a car and this could have a profound impact on your possible settlement. To better prepare for the challenges to your claim, you need to know arguments that could come up.
Training and Experience
One of the biggest obstacles that could be put in your way of successfully collecting compensation for your injuries from a motorcycle accident is the amount of training and experience you have.
The insurance company could argue that you do not have any formal motorcycle training. A good way to combat this is to show proof that you completed a motorcycle safety class.
How much experience you have is equally important. You need to be able to show that you have spent time riding the particular motorcycle that was involved in the accident. You also need to demonstrate that you are a regular rider as opposed to a casual driver.
Knowledge of the Road
How familiar you are with the road you were injured on and the possible road hazards you could face is also a possible argument against your claim. The insurance company could argue that if you were more familiar with driving on a particular type of road surface or in hazardous conditions, the accident could have been avoided.
One possible defense is to point out the frequency with which you travel on a particular road surface.
Driving Record
The insurance company will closely examine your driving record for signs that reckless driving is a pattern for you. In the beginning of negotiations, your driving record might not be a major issue since the adjuster does not have immediate access to it.
However, if you and the insurance company are unable to reach an agreement and you head to trial, the company can get a copy of your driving records.
If you have a good driving record, it can be beneficial when negotiating. Let the insurance company know about your record, and it might be more willing to negotiate.
If your record is less than stellar, keep in mind that if negotiations fail, the insurance company can view your records and it will be more difficult to get a settlement offer.
Since motorcycle accidents are often more complex than car accidents, it is a good idea to consult with a lawyer, like Hagelgans and Veronis, who specializes in handling cases such as yours. He or she can help you face any challenges to your settlement that come up.