Injured in a Motorcycle Accident? How Subrogation Will Affect Your Compensation
Motorcycle riders state the freedom they experience being out in open country with nothing but the sun and the wind as one of the biggest reasons for getting on their bikes as opposed to a car when going to work or just taking a leisurely ride across town and into nature during weekends. While motorcycle riding offers an individual unparalleled freedom, it also comes with inherent injury risks owing to the fact that nothing protects the rider from the road and elements as well as the prevailing attitude when it comes to road users in bigger vehicles where they mistakenly believe they have right of way simply due to the largesse of their vehicles. Motorcycle accidents can involve significant injuries and as such, attract large payouts to cater for the various damages one can recover as an accident victim. Because the majority of these claims are paid out by insurance companies, these entities must make sure they aren’t paying out so much so as to make themselves economically inviable. As a result, they engage in a practice known as subrogation in an attempt to recoup the monies they paid out to the injured individual from a third party. This may complicate matters if you were injured in a motorcycle accident, and due to the savvy and often unethical practices of most insurance companies, seeking legal recourse and protection can help prevent anything untoward happening to you financially, and we’re here to help with that.
Are you looking for a knowledgeable motorcycle injury attorney? Please call us NOW at 312-444-0214 to learn more about your legal options for justice and compensation. The experienced motorcycle injury lawyers at McCready Law bring to the table over 50 years of combined legal experience where we’ve helped thousands of injured Americans from all walks of life recover compensation after getting injured by the negligent actions of others. What sets us apart is our commitment to our clients and the lengths we will go to seek compensation on their behalf: we are not afraid to litigate these claims should they have merit as we believe severe and catastrophic injuries deserve maximum compensation and many times, a trial is the best option as insurance company negotiations are often skewed in the favor of insurance companies. we take on motorcycle injury cases countrywide, and should we feel that you would be better served by our network of trusted law firms, we will refer the case out to them while keeping an active and close eye on its developments. In addition to having a bilingual office (hablamos Espanol), we take on all cases on contingency fee basis, and what this simply means is that there are ZERO UPFRONT FEES for the duration of the processing of your claim, as we only levy our fees at the end of the suit. For your 100% FREE legal consultation into all things motorcycle injury lawsuits, please call us NOW at 312-444-0214 to speak with one of our compassionate and experienced attorneys – our intake team is standing by.
What Exactly is Subrogation and How Does it Affect Me in a Motorcycle Injury Lawsuit?
Subrogation is a legal principle which makes it legal for an insurance company to recoup costs it has paid out for a case or claim from another third party that’s responsible for them paying out the claim in the first place. The way it works is that when you get injured, a claim is filed with your insurance provider who after assessing your claim and confirming its validity will pay for things like vehicle repairs or replacement, medical expenses and so on. After paying, they will carry out an investigation to determine who was at fault, and this can include things like analyzing police reports, gathering evidence, as well as witness statements to establish who was liable. If it comes to light that someone else was responsible for the accident, they can commence the process of subrogation. A notice is officially sent out to the at-fault driver’s insurance company with a request for reimbursement for all the costs they incurred following your payout.
Subrogation Complications and What to Expect
Subrogation isn’t a cut-and-dry affair and as such, these two insurance companies will engage in talks so a settlement can be reached with regard to how much the third party insurance company should pay out. Many times, talks fail and as such, the insurance company seeking to be reimbursed may decide to sue the third party in order to recover the costs. While this may seem like a bad faith move, one could argue that the insurance company has all the right to file a suit as they are out of an amount they never should have paid in the beginning as the third party was liable from the get-go, therefore their insurance company should have picked up the tab and paid the injured party.
How Subrogation Affects the Injured Party in a Motorcycle Accident
You’re probably sitting there and asking yourself – well, what does this have to do with me? The reality is that subrogation will affect you one way or the other. It is important to note that regardless of subrogation, you’re still entitled to compensation for lost wages, medical expenses, pain and suffering, loss of enjoyment of life and other damages as a consequence of your motorcycle accident, which is usually paid out by the at-fault party’s insurance. You are also owed some form of notice should your insurance company commence the subrogation process so you can prepare for any eventualities that may affect you. In addition, should you receive a settlement covering your damages from the at-fault entity, this amount may be reduced due to your insurance company asking to be reimbursed for amounts they’ve already paid out.
Best Motorcycle Injury Accident Attorneys – Call Us Today!
We understand that the entire process sounds convoluted and frustrating, and it’s because of this that we’d like to invite you to give us a call NOW at 312-444-0214 to learn more about how we can help you recover compensation as well as ensure your rights are protected during the entire process. We will make sure that your compensation amounts, even after subrogation, are commensurate to your injuries so you are not financially left out in the lurch. Thanks for choosing McCready Law, and we look forward to helping you.