Making a Motorcycle Accident Insurance Claim
- Author Jonathan Blocker
- Published March 28, 2011
- Word count 572
If a motorcycle accident happened and the victim suffered injuries and damages due to the accident, he could pursue a claim for compensation against the insurance company of the other party. The first step is the preparation of a demand letter. In this letter, the victim needs to write down his strongest arguments pertaining to the liability of the other party, injuries he suffered due to the accident, medical treatment that he underwent and would require in the future, the costs of the medical treatment, amount of lost income and other damages.
In case of a motorcycle accident in Denver, the Colorado statutes would be applicable to all claims of compensation. Hence, a motorcycle accident lawyer in Denver should be consulted to ensure that the victim takes all the necessary legal steps.
The victim needs to clearly state his own theory of liability in the demand letter to succeed with the insurance claim. In a case where the facts are very complex, it is imperative to seek the advice of a motorcycle attorney in Denver.
Liability
Typically, a demand letter begins with a description of the accident and the arguments pertaining to the liability of the other party. All relevant facts should be listed and the letter should begin with the strongest argument. Helpful comments on the police report should be included in the letter as well. Also, if the victim knows about the other driver's bad driving record, this factor could be crucial in the determination of liability. In a city where frequent motorcycle accidents happen, like Denver, a motorcycle accident lawyer in Denver should go through the arguments of liability to make sure that the victim did not forget something important. A motorcycle attorney in Denver is able to conduct a thorough investigation that could potentially lead to more supporting evidence in favor of the victim.
Comparative Negligence
The defense of comparative negligence could be the most challenging defense that the victim needs to counter. Thus, the victim needs to deny any type of negligent action on his part. In the letter, the victim could cite the police report, which indicates that he did not violate any kind of law and there was no evidence showing that he was at fault for the accident. It is important not to admit any kind of fault for the accident unless it is proven that the injured committed a traffic violation that caused the accident.
Injuries and Treatment
In this part of the letter, the victim should provide a detailed description of the pain, injuries and treatments he needed to undergo. Any indication of long-term effects such as disfigurement, disability or permanent soreness could increase the amount of compensation significantly. Thus, a person who has been injured in the Denver area should make sure that a motorcycle accident lawyer in Denver has thoroughly reviewed his claim before pursuing it with the insurance company.
Lost Income
The amount of time missed by the injured due to the accident is another important factor that will be considered in the determination of the value of compensation. As proof, the victim should request his employer to verify in writing his salary and the number of work hours he missed. However, a motorcycle attorney in Denver would discourage victims from arguing too strongly for the compensation of lost income in the demand letter. Negotiations pertaining to this part of the claim should be done during the settlement process.
In this article Jonathon Blocker writes about
motorcycle attorney in Denver also read about Denver medical malpractice lawyer
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