What You Need to Know About the SC Motorcycle Accident Injury Claims Process

Motorcycle wrecks can be especially dangerous and are more likely to result in serious injuries than typical car accidents. If you’ve been injured in a motorcycle crash, the aftermath and the process of filing a claim and getting the compensation you need can be daunting and complicated. An experienced motorcycle accident lawyer can help you seek the compensation you need as you recover from your accident.

At the Law Offices of Kenneth Berger, our team knows how devastating a motorcycle crash can be, and we are here to help you, so you and your family can focus on recovery. We have offices in Columbia and Myrtle Beach, SC, and proudly serve clients throughout South Carolina. You can call us to schedule a free consultation at 803-790-2800 (Columbia, SC) and 843-427-2800 (Myrtle Beach, SC).

Steps to Take Immediately After a Motorcycle Accident

Your health and safety should always be your top priority after a motorcycle accident. Your first step after a crash is always to seek medical attention for any injuries you may have suffered. Further, there are steps you can take to protect yourself and ensure you have the necessary documentation for any potential claims:

• Call for Emergency Assistance: Immediately call the police and request emergency responders if you or anyone else is injured. Even if you feel uninjured, it’s important to be assessed by a medical professional, as some injuries may not be immediately apparent.
• Do Not Remove Protective Gear: Keep your helmet and other protective gear on until paramedics arrive, as removing them could worsen potential injuries.
• Exchange Information with the Other Driver: If you are able, exchange contact and insurance information with the other driver involved, but avoid discussing any fault or admitting any guilt. A simple apology, even if you were not at fault, can be used against you later in the claims or litigation process. Anything you tell the other driver or the police can be used later on down the road, so it may be helpful to consult with a lawyer before making any statements or signing any documents.
• Allow the Police to Investigate the Scene: Ensure law enforcement investigates the accident scene. Officers will collect critical evidence, take witness statements, and create a detailed police report. This report is vital for accurately documenting how the accident occurred and the extent of the damage. 
• Preserve Evidence: Keep all medical records, bills, and documentation of property damage. These records will support your claim and help ensure you can pursue full, fair compensation for your injuries and losses.

When giving a statement to law enforcement after a motorcycle crash, be honest and factual, but avoid making assumptions about fault or providing unnecessary details. Emotions can run high after an accident, so it’s important to stay calm and focused. Insurance companies may try to use your words against you, potentially harming your claim. Stick to the facts and prioritize your health and safety above all else.

What to Do in the Weeks Following a Motorcycle Accident in South Carolina 

Contact All Involved Insurance Companies 

After a motorcycle crash, it’s crucial to contact your insurance company promptly to start the claims process. Reporting the accident ensures your claim is properly processed and helps avoid coverage denial, which could leave you paying out of pocket for damages or injuries.

If the other driver is at fault, you should also file a claim with their insurance company to seek compensation for your damages and injuries. Both insurance companies will likely investigate the accident by reviewing police reports, interviewing witnesses, inspecting vehicles, and analyzing medical records.

Insurance companies often have strict deadlines for reporting, so acting quickly is essential. Your insurance company can assist in determining fault and may negotiate with the other driver’s insurer to secure fair compensation. However, if the other driver’s insurance contacts you directly, avoid giving statements. Their goal is to minimize payouts, and they may use your words against you.

Before making any official statements, consult an experienced motorcycle accident lawyer. An attorney can handle negotiations with insurance companies, protect your rights, and help  you seek full, fair compensation while you focus on recovery.

Seek Follow-Up Medical Care

Even if you don’t feel severely injured after a motorcycle accident, it’s important to see a medical professional within a few days. Some injuries, like traumatic brain injuries or internal organ damage, may not show immediate symptoms but can lead to chronic pain or long-term issues. A prompt medical evaluation not only ensures your health but also provides valuable documentation if you pursue compensation later. Insurance companies may attempt to downplay or dismiss your injuries, but medical records can confirm their severity and any lasting effects. Prioritizing your health helps protect both your well-being and your legal rights.

Watch What You Post Online

Nothing is more important than having a strong support system after a traumatic incident. It may be tempting to share updates on your recovery with friends and family on social media. Unfortunately, the other party and their insurance company may try to use your posts against you to downplay the suffering you’ve experienced. As a general rule of thumb, it’s best to avoid posting anything about the collision online.

Schedule a Free Consultation with a Trusted Motorcycle Injury Lawyer Motorcycle

Motorcycle crash claims are often complex, involving biases, helmet laws, and disputed liability, which can prolong the claims process. Consulting a personal injury lawyer is essential, especially if the at-fault driver’s insurance company disputes liability, denies your claim, or offers a low settlement.

Motorcycle injury lawyers can handle the legal process, negotiate with insurance adjusters, and investigate accidents by reviewing evidence and speaking to witnesses. At the Law Offices of Kenneth Berger, we focus on securing full compensation, ensuring our clients are treated fairly throughout the legal process, and communicating with them every step of the way.

Disputing Liability After a Motorcycle Crash in South Carolina

Determining fault in a motorcycle wreck can be a complex process. In some cases, it may be clear who was at fault for the crash, but in other cases, there may be disputes over liability. The police at the scene, insurance companies, and legal teams will investigate and determine liability.

There may be differing opinions on the cause of the crash, however. If you believe you were wrongly found to be at fault for the wreck, an experienced personal injury attorney can help you navigate through the claims process and ensure that liability is not unjustly placed on you.

What Can a South Carolina Motorcycle Accident Lawyer Do for Me?

While not all injury claims require the help of a South Carolina injury lawyer, there are many situations where an injured person benefits from working with an experienced attorney. If you sustained serious injuries in a crash and have growing medical bills, or if the insurance company is dragging out the claims process, an attorney can handle the legal process for you, so you can focus on healing. At our firm, you can rest easy knowing that our legal team will handle the following aspects of your case:

• Protection of Legal Rights: Our experienced personal injury lawyers can help protect your legal rights and help you seek full, fair compensation. They will provide guidance on what actions to take and what to avoid, especially when dealing with insurance companies or the other party's legal representatives.
• Investigation and Evidence Gathering: Our team has the resources and knowledge to investigate your crash thoroughly. We will collect crucial evidence, such as accident reports, witness statements, and expert opinions, to build a strong case on your behalf.
• Calculating Damages: Injuries from motorcycle accidents can result in substantial medical bills, lost wages, and pain and suffering. Our lawyers can help assess the full extent of your damages, including future expenses, to ensure you receive fair compensation. At our firm, we believe that your story far extends beyond your medical bills. We want to learn about you as a person, how your life has been affected by the crash, and the injuries you sustained. When we are calculating damages in our cases, we focus on both economic and non-economic damages to help you seek full justice.
• Negotiating with Insurance Companies: Insurance companies often try to minimize their payouts. Our injury lawyers can negotiate with the at-fault party's insurance company on your behalf to ensure that you are not pressured into accepting a low settlement offer.
• Familiarity with South Carolina’s Motorcycle Laws: Laws and regulations regarding motorcycle accidents can be complex. We are here to advocate for you and your family to make sure you are treated fairly throughout your case.
• Peace of Mind: Dealing with the aftermath of a motorcycle accident can be stressful, especially if you are coping with injuries. Hiring a lawyer can relieve some of the burden and allow you to focus on your recovery while we handle the legal aspects of your case.
• Trial Representation: If a fair settlement cannot be reached through negotiations, our lawyers can represent you in court, presenting your case to a judge and jury so they can determine a full, fair outcome.

How Much Does It Cost to Hire a Motorcycle Accident Lawyer?

Many people hesitate to contact a lawyer after a motorcycle wreck, worrying about the potential costs. However, most personal injury lawyers, including our firm, work on a contingency fee basis. This means you don’t have to pay any upfront costs for legal representation. Instead, your lawyer’s fees are only collected as a percentage of the settlement or verdict if your case is successful. If you don’t win your case, you owe nothing for the attorney’s services.

Contact Our South Carolina Motorcycle Accident Lawyers Today

At the Law Offices of Kenneth Berger, we understand how difficult the aftermath of a motorcycle accident can be, and we are here to help you navigate the legal process following a wreck. We will communicate with you every step of the way, treating you with the respect and empathy we would want for our own families, and take everything off of your plate so you can simply focus on recovery. You can call us at our Myrtle Beach or Columbia offices in South Carolina at 843-427-2800 (Myrtle Beach, SC) / 803-790-2800 (Columbia, SC) to schedule a free consultation and see how we can help you.