West Liberty Personal Injury Attorneys

Sudden accidents and injuries can significantly change lives. During these trying periods, personal injury lawyers are vital. They advocate for those harmed by others' negligence, helping them obtain rightful compensation. This article discusses the essential role personal injury lawyers play in guiding individuals through their claims and helping people reclaim their lives.

Filing a Bike Accident Claim to Recover Damages for Your Injuries

A bicycle accident claim, filed with an insurance company, can help you recover damages following a crash. Whether you suffered a right hook accident, a dooring accident, or another common type of bicycle accident, understanding the claims process is crucial. This article provides a comprehensive review of the claims process and essential considerations when filing.

Determining Fault in a Bike Accident Claim

Determining fault in a bike accident claim significantly impacts how you file. If you caused the accident, file your claim with your car insurance company. If the other driver caused the accident, file a claim with their insurance company.

Even if you were on your bike, your car insurance policy likely provides coverage. If you carry uninsured or underinsured motorist coverage or medical payments coverage, these types can help you get compensation. Knowing your policy specifics is crucial when filing a bicycle accident claim.

Seeking Medical Help and Filing a Claim for Bodily Injury Damage

After a bicycle accident, seek medical attention immediately. This is not only critical for your well-being but also necessary for knowing how much compensation you'll need for your claim. If the other driver was even partially at fault, file your bodily injury claim with that driver’s insurance company.

Documenting All Medical Treatment

Documenting all medical treatments is essential. Keep notes on the following:

- Initial date of your injury
- Date you first received treatment
- How the injury occurred
- The prognosis issued by your doctor
- Estimated length of treatment
- Any medications or surgeries
- Dates of all appointments related to the accident

Filing Your Claim

Once you’ve documented your medical treatment, file your claim as early as possible. Your insurance agent should guide you through the process. Be truthful when filing a claim and don't sign anything without an attorney present.

Proving the Fault of the Other Driver

Proving the other driver’s fault can be challenging. If the insurance company believes you were partially to blame, they may deny coverage or reduce compensation. To prove fault, gather and document all evidence related to the accident. Witness testimony can also be essential.

Fault is based on negligence, or the failure of the driver to act reasonably. Examples of negligence include speeding, drinking while driving, failure to yield, and aggression.

Negotiating a Settlement Amount

After submitting your claim, the insurance company will offer a settlement amount. Never accept the first offer, as it’s likely lower than you deserve. Often, you can recover a more appropriate compensation amount through negotiations.

Common Defenses Drivers Use in a Bike Accident Claim

After filing a claim or suit against the driver involved, the driver’s insurer or attorney will likely refute some or all liability using various defenses. Understanding these common defenses can help you counter them effectively.

Helmet Use

If the driver proves the cyclist wasn’t wearing a helmet, they may argue the cyclist is partly responsible for their injuries, reducing the driver's liability.

Not Obeying Traffic Rules

The driver may claim the cyclist was at fault for not following traffic rules, such as speeding, not stopping appropriately, or riding against traffic.

Distraction

The driver might argue that the cyclist’s distraction, such as wearing headphones or talking on the phone, caused the accident.

Lack of Visibility

Drivers often claim they couldn’t see the cyclist due to factors like no rear lights or dark clothing at night.

Common Insurance Adjuster Tactics in Personal Injury Cases

Insurance adjusters use various tactics to deny, discredit, or delay personal injury claims. Knowing these tactics can help you protect your claim.

Accessing Medical Records

Granting the insurer access to your medical records can allow them to use your entire medical history against you, undermining your claim.

Offering a Quick, Low-Ball Offer

Adjusters may offer a small settlement shortly after the accident, hoping you’ll accept without realizing it may not cover all your expenses.

Placing You Under Surveillance

Insurers might observe you performing daily tasks, using the footage to argue you’re not as injured as claimed.

Discouraging You from Hiring a Lawyer

Adjusters may promise fairness and discourage legal counsel, knowing that an attorney would challenge their tactics effectively.

Ways to Protect Yourself from Shady Insurance Adjuster Tactics

Being aware of your rights and educating yourself can help navigate the personal injury claims process. If your adjuster denies your claim, misinforms you about coverage, requests access to all medical records, or offers a low settlement, consult an attorney before taking any action.

We Are Here To Help

Remember, you are not alone in recovering from your injuries. We have helped thousands of Iowans through their physical, emotional, and financial recoveries. If you have questions about what you are going through, feel free to call our office for your confidential injury conference. We will take the time to listen to you and give you our advice concerning your injury matter at no cost or risk to you.

Free Book at No Cost 

If you are not ready to speak with an attorney yet but would like to learn more about Iowa injury cases including tips about how you can avoid making common costly mistakes request a copy of our Iowa Personal Injury book which includes 14 myths about Iowa injury cases and 5 things to know before hiring an attorney.

If you have specific questions about your injury matter feel free to call our office to speak with our Injury team at 641-792-3595 or use our Chat feature by clicking here 24 hours a day/7 days per week. Your information will remain confidential and there is no cost or obligation.