Any Ellicott City motorcycle accident lawyer knows that sometimes clients will face denied insurance claims. No one wants to get a letter saying that they won’t be getting the compensation they believe they deserve. Unfortunately, this is exactly what happens to many motorcycle accident victims. If you find yourself in this situation, you need to know that you have the right to appeal the insurance company’s decision. However, you can also file a personal injury lawsuit against the at-fault driver to recover your losses.
A number of factors will influence which route you decide to go, and your Ellicott City motorcycle accident lawyer will advise you accordingly. It’s important that you know your legal rights and have a clear plan of action. If you simply act out of frustration and without legal advice, you could jeopardize your chances of getting compensation.
Insurance Requirements in Maryland
Every driver in Maryland is legally required to carry a minimum amount of liability insurance. This is intended to compensate victims for any injuries and losses caused by the driver. Drivers must have a minimum of $30,000 in liability insurance for bodily damage. If more than one person suffers injuries, the minimum coverage is $60,000 per accident. Drivers must also carry at least $15,000 in insurance to cover property damage.
Insurance companies must also offer drivers personal injury protection (PIP)coverage. However, it isn’t mandatory that motorists accept it. This is a type of no-fault insurance that covers medical expenses and certain losses regardless of who caused the accident. PIP doesn’t cover all the damages that can result from a motorcycle accident so you may still need to file a claim with the at-fault driver’s insurer. An Ellicott City motorcycle accident lawyer can help you with this.
Recovering Damages in Maryland
Damages that you may be able to claim following a motorcycle accident include:
- Property damage
- Medical costs
- Lost income
- Pain and suffering
- Lost enjoyment of life
To get compensation, you must present evidence that the other driver caused the car wreck and that the wreck caused your injuries. Even if it seems clear that the driver was responsible, the insurance company may still deny your claim. Insurers are in business to make a profit and they wouldn’t be able to do so if they paid out every claim. Insurance adjusters are, therefore, constantly looking for ways to deny claims or pay out as little as possible.
Reasons for Denied Insurance Claims
There are many reasons for denied insurance claims. The letter from your insurer may say that:
- The insured driver was not responsible for the accident
- You were partially at fault for the crash
- The policy lapsed
- The policy didn’t cover the cause of the crash
- The policy didn’t cover the driver
- You didn’t file your claim in time
- There isn’t enough proof that the car accident caused your injuries
- You didn’t provide enough information with your claim for compensation
Sometimes insurance companies have valid reasons for denying a claim. However, they’re often just trying to avoid paying you what you deserve.
Getting the Compensation You Deserve
It’s a good idea to hire a lawyer before you file your claim. That way, your attorney can carry out investigations to ascertain how the accident occurred and who was at fault. Once liability is established, they will assist you in quantifying your losses. They will ensure you submit a strong claim with all the required supporting documentation. If the insurance company makes a counteroffer, negotiations will begin, and very often a settlement is reached.
However, sometimes the insurance company denies the claim. When this happens your attorney can file an appeal on your behalf. However, depending on the reason for the denial, they may recommend that you sue the other driver.
An Ellicott City motorcycle accident lawyer will let you know that filing a lawsuit against the driver only makes sense if they have the assets or finances to pay you. In most cases, the matter gets settled out of court and there’s no reason to go all the way to trial. However, there are situations in which a jury has to decide. There’s no way to guarantee how a jury will rule. Your attorney will discuss the pros and cons of filing a lawsuit with you.
Contact Pinder Plotkin LLC To Discuss Your Case
You typically have three years from the date of your crash to file a personal injury lawsuit. However, you may have a shorter time depending on the circumstances. Lawyers also need time to gather evidence and prepare the case. You need to contact a motorcycle accident lawyer in Ellicott City at the earliest opportunity. Call us today to schedule a free consultation and learn how we can help you.