What Is a No-Fault Motorcycle Accident?

no-fault motorcycle accident

Driving a motorcycle is far more dangerous than riding a car. While it is true that riding motorcycles can take you to unimaginable places either for emergencies or leisure, you should always consider road safety to avoid accidents on the road. Drivers who are involved in motor vehicle accidents often encounter no-fault accidents in California because it is a no-fault insurance state.

The National Highway Traffic Safety Administration (NHTSA) stated in its 2021 data that there was an increase of 10.5% in the number of fatalities in motorcycle crashes nationwide. Last year, records showed that 42,915 people got involved in a fatal crash, while 38,824 were recorded in 2020.

As a matter of fact, the year 2021 represented the highest number of fatalities since 2005 in addition to the highest annual percentage increase in the recorded history of the Fatality Analysis Reporting System.

What is a No-Fault Motorcycle Accident?

A no-fault accident means that drivers who suffered from a vehicular collision must seek financial benefits from their own insurance providers. Regardless of who is the at-fault party in a collision, the customer of an insurance provider has the right to seek assistance from the company. The good thing is, that it is not necessary for the drivers to prove someone else’s fault or negligence to qualify for insurance coverage.

No-Fault Motorcycle Accidents in California

Injured parties in a no-fault motorcycle accident will automatically seek financial assistance from their own insurance carriers. The insurance companies will cover the medical expenses, lost wages, and property damage that occurred during the incident. However, a driver in a state that offers no-fault benefits may only ask for compensation from the at-fault driver if his injuries are classified as serious or permanent injuries.

Remember, a state that uses at-fault car insurance laws requires drivers to at least have minimum insurance coverage for bodily injury and property damage to pay for the other victims’ damages in an accident.

The minimum required automobile insurance in California is $15,000 per person and $30,000 per accident in bodily injury liability insurance.

How to File a Claim after a No-Fault Accident

Take into account that cases of personal injury claims differ from one person to another. However, you must follow the steps below in order for a lawsuit to be commenced:

  • File a complaint. A complaint is a document filed in personal injury lawsuits that contain the identities of both parties, the insurance claim or motorcycle accident injury claim, the statement of facts, and the legal basis for the accident claim. The complaints and summons must be filed with the court. In addition, the plaintiff must assure that the summons is properly served to avoid the dismissal of the case.
  • After filing the complaint and the summons is served, the defendant should file an answer within the reglementary period. The answer must contain the defense of the defendant as to why he should not be held liable for the accident.
  • Once the complaint, summons, and answer have been filed, the discovery procedure may begin. Discovery allows the parties to investigate and have access to all information.
  • The defendant may file a motion instead of an answer if he believes that the plaintiff has no reasonable ground to believe that the former should be liable for the latter’s injuries. A motion is a legal remedy that requests the judge to make a decision on the case before trial proceedings begin.
  • To avoid the unnecessary expense of a trial, an experienced motorcycle accident injury lawyer will resolve a case before going to trial either through a settlement, mediation, or arbitration.
  • For instances that the case goes to trial, the judge or jury shall examine the details and evidence presented to decide whether the defendant is liable or not.
  • Once liability has been established and the judge has issued a court order and awarded the plaintiff financial damages, the plaintiff’s legal team may begin the process of collecting fair compensation.
  • If either party becomes dissatisfied with the outcome of the trial, they may file an appeal. Once an appellate court receives a brief on the appeal of the decision, the appellate court will review the decision of the trial court.

What To Do If You are Injured in a Motorcycle Accident

You should always be mindful of your driving to avoid motorcycle accidents in California, especially those that lead to devastating injuries. You must take note of ways to stay safe while riding a motorcycle. In case you get involved in an accident, you must do the following to maximize the insurance and personal injury benefits from the incident:

  • Do not leave the scene. Call the police immediately. It is necessary to file a police accident report to serve as a document or evidence that will strengthen your insurance claim.
  • Take photographs and videos which will serve as evidence of your claim.
  • Seek medical care after the police took care of the scene of the incident. Do not delay in seeking medical attention because delays may be the reason for an insurance company to deny medical benefits and your claim for compensation.
  • Notify your motorcycle insurance provider of the accident. In addition, file a claim with the other driver’s insurance carrier. The insurance adjusters will investigate the accident to determine the party at fault.
  • Be careful about giving details when the adjuster from the other driver’s insurance policy provider contacts you. Be sure to cooperate during the investigation by providing the documents needed. However, do not sign any papers or agree to any type of settlement without first speaking to a personal injury attorney.

The Importance of Seeking Legal Help After an Accident

Injured motorcyclists need trusted legal counsel to avoid lowball offers coming from insurance companies. It is necessary to preserve your thoughts and evidence until you are accompanied by legal representation. Call the Motorcyclist Attorney to hold the negligent drivers accountable and get covered for your medical bills, property damage, and related claims. Experienced personal injury lawyers can walk you through filing a motorcycle accident lawsuit in California and fight for you.

Schedule a free consultation with an injury lawyer from our firm today to learn more about your legal options. You do not have to worry about the fees. Our experienced attorneys work on a contingency fee basis, which means that we only get paid if we help you recover compensation.

Now is the time to call (844) 284-9347! Get the justice that you deserve against the negligent parties by working with Motorcyclist Attorney. We have years of experience in motorcycle cases, so you can rest assured that you are taken care of. 

Call us anytime. We speak English and Spanish.

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