Bayous, crawfish boils, and of course, Bourbon St. and Mardi Gras come to mind when you think of the Pelican State. Louisiana is a fascinating state whether you’re a resident or an enthusiastic visitor.
A lot always seems to be going on in Louisiana, including motorcycle rallies and plenty of great routes to ride. This also means motorcycle accidents are fairly common. An estimated 1,542 motorcycle accidents were reported in Louisiana in 2023. While the statistic doesn’t necessarily mean you’re destined to be in a motorcycle accident, it does indicate your chances are pretty good.
Recovering compensation after a motorcycle accident tends to come with plenty of questions like how to start the process. We’re answering this and other questions so you have a better idea of what to do after a motorcycle collision.
How Long Do I Have to File a Louisiana Motorcycle Claim?
This may seem like a silly question. After all, who’s going to wait to start filing an insurance claim?
You know you can’t receive compensation without filing a claim, so why wait? Surprisingly, or not, not everyone jumps at the thought of contacting an insurance company. Other accident victims may simply not be in a rush to recover any financial compensation.
Sometimes, it’s a good idea to take your time filing a personal injury claim. Ideally, you wait to file a claim until you’ve reached maximum medical improvement (MMI). This essentially means you’re pretty much recovered from your injuries and probably aren’t going to incur any additional medical expenses. However, while you’re recovering the clock’s ticking on your injury claim.
Louisiana gives accident victims two years to file a personal injury claim. The clock usually starts ticking on the accident date, but there can be a couple of exceptions. One goes back to your injuries. If your injuries are especially severe, the statute can be paused until you reach MMI. As soon as you can participate in your claim, the statute of limitations kicks back in.
The statute can also be paused for minors, but this rarely applies to motorcycle accident claims. Overall, riders tend to be over the age of 18. This isn’t a state law, it just seems to be the case in the majority of motorcycle accidents recorded in Louisiana. If the at-fault driver, the individual responsible for your motorcycle accident, can’t be located the statute is paused until they’re found.
Should I See a Healthcare Provider After a Motorcycle Accident?
Motorcycle accidents often cause serious injuries, so this question doesn’t always apply. Chances are, your bike’s totaled and you’re being carted off to the ER in an ambulance. With that being, sometimes you’re only knocked off your bike. You may walk away with a few cuts and scrapes, along with a bit of road rash. In other words, nothing too serious.
Just because you think you’re fine, doesn’t mean you shouldn’t see a healthcare provider. You may have soft tissue injuries or even internal bleeding. Being proactive about your health can prevent some life-threatening conditions.
Besides you’re going to need a copy of your medical report if you’re filing a motorcycle accident claim. Don’t worry about the cost of the doctor’s visit. You can list it as damage on your personal injury claim.
What If I’m Partially Responsible for My Motorcycle Accident?
Whether you’re driving a car or operating a motorcycle, everyone has the same duty of care. In the legal sense, this means acting in a way that doesn’t place others at risk. If both you, as the motorcycle rider, and a vehicle driver are in an accident, if everyone is violating a traffic law it may be a violation of their duty of care. In simple terms, this can mean everyone involved is at least partially responsible for causing the collision.
Can I Recover Compensation if I’m Partially Responsible for the Collision?
In some states, the answer’s a quick no but Louisiana is a little different. The Pelican State is one of about 12 or so following what’s known as comparative fault insurance rules.
How the rule works in motorcycle accident claims is pretty simple. Accident scene investigators and insurance adjusters assign a percentage of fault to everyone involved in the motorcycle accident. Yep, this can include pedestrians and cyclists if they’re involved in the accident.
Your percentage of fault can range from 0% to 100%. As long as you’re not more than 50% responsible for the accident, you shouldn’t have a problem filing an insurance claim. However if you’re assessed blame. Then your potential settlement amount will be impacted.
Your settlement is reduced by your assigned percentage of fault. So if you’re assigned 20% of the blame you’ll receive 80% of your original settlement amount.
Should I Accept an Offer From the Insurance Company?
The answer to this question is completely up to you. This is your personal injury claim and you’re making all of the decisions. Your personal injury attorney will always refer back to you before accepting any settlement offer.
You shouldn’t be surprised if an insurance adjuster shows up a day or so after your motorcycle accident. The adjuster may even pop into your hospital room. Yep, it’s legal, along with the tactic the insurance company is trying to use. Insurance companies offer initial settlements, often before you start the claim process, for a single reason. The insurance adjuster is hoping you’ll accept the lower offer before you realize your claim’s true value.
Once you accept the settlement, your case is closed. You can’t refile another claim for the same motorcycle accident even if you still have bills coming in. Usually, it’s best to wait to accept a settlement offer until you consult with an experienced Louisiana motorcycle accident attorney.
Should I Hire a Louisiana Motorcycle Accident Lawyer?
If you’re planning on filing a personal injury claim, it’s almost always best to work with an experienced Louisiana motorcycle accident attorney. From navigating the claim process to handling the insurance company, your accident attorney can help ensure you recover fair compensation.
ABOUT THE AUTHOR
Fred Felton
Content Creator / Editor
Fred Felton is a copywriter, editor and social media specialist based in Durban, South Africa. He has over 20 years of experience in creating high end content. He has worked with some of the biggest brands in the world. Currently Fred specialises in the motorbiking adventure space, focussing on all types of biking both on and offroad. He is also a keynote speaker and has presented talks and workshops in South Africa.
