Motorcycle Accident Lawyer El Cajon

How to Seek Compensation After a Motorcycle Accident in El Cajon

With year-round moderate temperatures and beautiful scenery in every part of the state, California is a natural draw for motorcyclists. Accidents are frequent, however, and in El Cajon, the road to obtaining compensation for the expenses and impacts of the injury often begins when the injured rider hires a personal injury attorney to assist them with their claim. The motorcycle accident attorney will submit the claim to the at-fault party’s insurance provider, who will assign a claims adjuster to perform an evaluation of the claim on behalf of the provider in order to determine if the insured was liable for the accident.

The claims adjuster can choose to either accept or deny the claim based on their evaluation. They can also choose to offer to settle the claim for less than its established value. However, if the provider fails to compensate the claim either through an outright payment of it or an accepted settlement agreement, it can be filed as a lawsuit in civil court. It should be noted, however, that settlement negotiations do not end with the filing of a lawsuit. In fact, a lawsuit is often the catalyst for more productive settlement conversations, as the insurance provider knows that they will face the expense and uncertainty of litigation if they do not resolve the claim. A settlement can be agreed to at any time as long as the court has not yet rendered a decision on the matter.

The vast majority of personal injury claims—including claims made for injuries incurred in motorcycle accidents—are resolved by a settlement agreement before they ever have their day in court. Despite this, it is important for the claimant to have an attorney assisting them who does have experience with litigation, as it is impossible to determine at the outset whether the insurance company will settle, and there is always a potential that a filed lawsuit will go to trial.