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The car that ran your motorcycle off the road was clearly at fault. They were even ticketed for reckless driving. You were clearly injured as a result. In fact, you were rushed to the hospital for emergency treatment. So why is it taking so long for the driver’s insurance company to write you a check? There could be several reasons.
As an Albuquerque motorcycle accident attorney team that frequently represents injured motorcycle riders, we understand that you are frustrated with the delay. However, motorcycle crash claims can be complicated, and it is often worth your while to wait for the whole process to play out. We explain why these claims can take a long time and what you could gain by being patient.
Factors That Complicate New Mexico Motorcycle Crash Claims
It takes a unique person to choose to ride a motorcycle. At Keller & Keller, we have many riders in our firm, and we have always championed the rights of bikers. Every motorcycle accident case we take is unique and presents its own challenges, but we find that oftentimes resolving them can be delayed by one or more of the following factors.
Catastrophic Injuries Take Longer
As a rider, you understand the risks you face every day on the road. The reality is that when a motorcyclist is hit by a car, they are likely to suffer catastrophic injuries, such as brain injuries, limb amputations, spinal cord damage, and severe road rash. It takes time to determine just how much a serious injury will impact your life and your ability to earn a living. It’s usually best to wait until you have reached maximum medical improvement before agreeing to a dollar amount to compensate you for your losses.
Insurance Companies Are Biased Against Bikers
Do you remember how hard it was for you to find an insurance company that would cover you and your bike? That’s because insurers don’t like motorcycles. They believe that riders take too many risks, are aggressive and uncooperative, and cause most of the crashes they are in. This bias against bikers also factors into their unwillingness to settle a claim when their insured causes a crash that leaves a motorcycle rider seriously injured. They want to blame you, not pay you.
Expensive Claims Are Drawn Out
Catastrophic injuries and permanent disabilities carry enormous price tags, and insurance adjusters are taught to drag these pricey claims out as long as possible. They are hoping the injured victim will give up and accept less than what their claim is worth. Unfortunately, motorcycle victims who don’t hire a lawyer to represent them often end up settling for less than they deserve.
Every motorcycle accident claim is unique, so it’s always worth scheduling a free consultation with one of our experienced motorcycle accident lawyers in Albuquerque to find out if we can help speed up the process and maximize the value of your claim.
Typical Timeline for an Albuquerque Motorcycle Accident Claim
It’s impossible to say for sure how long your claim will take to resolve because it depends on so many factors that are out of our control. Some of the issues that can take time include the following.
Reaching Maximum Medical Improvement
Before we can determine what your claim costs in medical treatment, lost wages, ongoing rehab, and pain and suffering damages, we need to fully understand your expected outcomes. That might mean waiting weeks or even months to see how much you improve. We will also consult medical experts to get a reliable prognosis for your long-term recovery.
Negotiating With the Insurance Company
Once we have a handle on the potential life-long cost of your injuries, we will write a demand letter that outlines all of your costs and presents medical evidence and expert statements to document the impact the crash will have on your life. The insurance company will make a counteroffer, and negotiations will begin. This can be a long process, but we won’t settle for less than you deserve.
File a Lawsuit and Go to Court
In rare cases when we can’t come to an agreement through negotiation, we are always prepared to file a lawsuit and take the case to trial. We are an experienced Albuquerque motorcycle accident lawyer team with a long record of success in New Mexico courts, and we will fight to resolve your lawsuit as efficiently as possible.
