Savannah Motorcycle Accident Claim? Don’t Make These Mistake

There’s a shocking amount of misinformation surrounding motorcycle accident claims, and believing the wrong thing can cost you dearly. Are you sure you know what’s true and what’s not when it comes to filing a motorcycle accident claim in Savannah, Georgia?

Myth #1: If the Police Report Says It Was My Fault, I Have No Case

This is a dangerous misconception. While a police report carries weight, it’s not the final word. Officers arriving at the scene are piecing together what happened after the fact. They might make initial determinations based on limited information or witness accounts.

I had a client last year who was involved in a motorcycle accident at the intersection of Victory Drive and Skidaway Road. The police report initially placed fault on him because a witness claimed he ran a yellow light. However, after further investigation, including obtaining surveillance footage from a nearby business, we proved the light was actually red when he entered the intersection. The witness was mistaken, and the other driver was at fault. We were able to successfully pursue a claim against the other driver’s insurance company.

Remember, under Georgia law, you can still recover damages even if you are partially at fault, as long as your percentage of fault is less than 50% (O.C.G.A. § 51-12-33). This is known as comparative negligence. So, even if the police report assigns some blame to you, it’s crucial to consult with an attorney to investigate the accident thoroughly and determine the true apportionment of fault. You may even want to read more about how proving fault can win your case.

Myth #2: I Can Handle the Insurance Company Myself and Save Money

While it might seem tempting to negotiate directly with the insurance company to avoid attorney fees, this is often a costly mistake. Insurance companies are businesses, and their goal is to pay out as little as possible. They train their adjusters to minimize payouts, and they know the ins and outs of Georgia law far better than the average person.

Here’s what nobody tells you: insurance adjusters are skilled negotiators. They might seem friendly and helpful, but they are working to protect the company’s interests, not yours. They might try to get you to make recorded statements that can be used against you later, or they might pressure you to accept a quick settlement that is far less than what you deserve. It’s important to understand GA motorcycle accident claims.

For instance, I recently consulted with a potential client who had been offered $5,000 by the insurance company after a serious motorcycle accident on I-95 near Exit 102. He had significant medical bills, lost wages, and permanent injuries. After we evaluated his case, we determined that the actual value was closer to $150,000. He had unknowingly signed a release of liability that would have prevented him from pursuing further compensation. I advise against signing anything without consulting an attorney.

Myth #3: My Motorcycle Insurance Will Cover Everything

Many riders assume their own motorcycle insurance policy will automatically cover all their damages after an accident. This is not always the case. While your policy might provide some coverage, it might not be enough to fully compensate you for your losses, especially if you have significant medical bills or lost wages.

Georgia requires motorcycle owners to carry minimum liability insurance (O.C.G.A. § 40-6-10). However, these minimums are often insufficient to cover the full extent of damages in a serious accident. Furthermore, your own policy might have limitations or exclusions that could affect your coverage. For example, if you were injured by an uninsured driver, your uninsured motorist coverage would kick in, if you have it. This is an optional coverage in Georgia, and many riders choose not to purchase it.

We ran into this exact issue at my previous firm. A client was seriously injured by an uninsured driver in downtown Savannah. He had opted out of uninsured motorist coverage to save money on his premiums. As a result, he had no recourse against his own insurance company and had to pursue other avenues to recover compensation. This is a prime example of why it’s so important to understand the details of your own insurance policy and to carry adequate coverage. To ensure you are claiming all you deserve, see our guide on GA motorcycle crash claims.

Myth #4: I Have Plenty of Time to File a Claim

Don’t fall into this trap. In Georgia, there is a statute of limitations on personal injury claims, including those arising from motorcycle accidents. Generally, you have two years from the date of the accident to file a lawsuit (O.C.G.A. § 9-3-33). While two years might seem like a long time, it can pass quickly, especially when you are dealing with medical treatment, recovery, and other challenges.

Waiting until the last minute to file a claim can significantly hurt your case. Evidence can disappear, witnesses can become difficult to locate, and memories can fade. The sooner you contact an attorney, the better they can investigate the accident, preserve evidence, and build a strong case on your behalf.

Myth #5: All Motorcycle Accident Lawyers Are the Same

This is simply not true. Just like in any profession, some lawyers are more experienced and skilled than others. It’s crucial to choose an attorney who has a proven track record of success in handling motorcycle accident cases in Georgia. You want someone who understands the unique challenges faced by motorcyclists and who is willing to fight for your rights. If you are unsure of how to pick the right lawyer, see our guide here.

When selecting an attorney, consider their experience, reputation, and resources. Do they have a team of investigators and experts who can help build your case? Are they familiar with the local courts and judges in Savannah and Chatham County? Do they have a history of obtaining favorable settlements and verdicts for their clients?

For example, our firm recently handled a complex motorcycle accident case involving a collision with a commercial truck on Highway 17 near Garden City. The truck driver claimed our client was speeding and at fault. However, through thorough investigation, including accident reconstruction and analysis of the truck’s electronic data recorder, we were able to prove the truck driver was negligent. We secured a settlement of $750,000 for our client.

Don’t let misinformation derail your chances of receiving fair compensation after a motorcycle accident in Savannah. Instead, take control of your situation by seeking expert legal guidance. Contact a qualified Georgia attorney today to discuss your case.