What if the At-Fault Driver Disputes Liability in a Motorcycle Accident in New Jersey?

If you were injured by another driver while riding your motorcycle, you would likely seek compensation from their insurance company. Unfortunately, there is a high probability that the at-fault driver will dispute liability.

Insurance companies are aware of many people’s negative attitudes towards motorcyclists and might use that to fight your claim. However, most motorcycle crashes are caused exclusively by the other driver’s negligence. If you are having trouble getting the compensation you deserve, our firm can guide you on the best ways to get justice for your injuries. In most cases, our attorney will file a lawsuit against the driver. A lawsuit has more power to gather evidence and will typically keep an insurance company from making claims about your negligence that it cannot back up.

For a free case evaluation, call New Jersey motorcycle accident lawyer Jerry Friedman today at 1-800-529-4464.

What Are My Options if the At-Fault Driver in My New Jersey Motorcycle Accident Disputes Liability?

If you were in a typical car accident in New Jersey, the issue of fault would not be much of a concern, as New Jersey is a “no-fault” insurance state. However, no-fault rules do not apply to motorcycle accidents in this state, so you will need to prove the other driver’s liability in order to recover compensation. This means filing an insurance claim with the at-fault driver’s provider. However, you can expect the negligent driver to fight you on liability, so a lawsuit is often a better choice.

Insurance companies love to paint motorcycle riders as reckless and will use any fact to fight your claim. Fortunately, our Camden, NJ motorcycle accident lawyer knows that nothing could be further from the truth. As a rider himself, Jerry understands how important safety is to most riders and what tricks insurance companies and defense lawyers use to dispute liability. If you are injured in a motorcycle crash, contact Jerry immediately so you know what liability you are open to and how to fight it.

Liability is often fought over in motorcycle collision claims because New Jersey has a “modified comparative negligence” rule. Under N.J.S.A. § 2A:15-5.1, a claim can be denied if the insurance company concludes that your percentage of negligence was greater than its policyholder. If it determines that its driver was more at fault than you, the insurance company can lower your settlement amount by the percentage of fault if found for you. This allows them to save money while you are left on the hook for your remaining damages.

Thus, the best way to prove liability and recover the compensation you deserve is to file a lawsuit. Our attorney can help you explore the following options to fight liability in your case:

File a Lawsuit

Since no-fault insurance rules do not apply to motorcycle accidents, you will not be barred from filing a lawsuit against the other driver. In fact, you can file a lawsuit without having to file an insurance claim in the event of a motorcycle accident. However, our firm will usually file both around the same time after collecting the evidence to argue liability in your case.

Filing a lawsuit with your insurance claim does not mean you will need to go to trial, though. Most accident claims settle long before going to court is necessary. However, a lawsuit shows the insurance company you are serious about recovering damages and believe in your case enough to take it in front of a jury. As such, insurance companies are much more likely to cooperate and negotiate fairly when they know they could end up spending more money by going to trial.

Additionally, filing a lawsuit allows our firm to gather more evidence that might not have been readily available before. During the “discovery” phase of your lawsuit, our attorney can demand any relevant evidence in the defendant’s possession. This will provide more information to argue liability. Jerry will also be able to question the defendant under oath during “depositions.” The purpose of this is to get the defendant to admit to the facts that show why they are liable for your damages.

This evidence can complement the other pieces you already have in your possession. If the discovery process goes well, the case will likely settle soon after. Even if your own negligence could not be completely disproved, you stand the best chance of maximizing your compensation by using this strategy. If we still disagree with the insurance company’s assessment of fault, we can go to trial and have the court decide liability.

File an Appeal Through the Insurance Company

In some cases, you might be able to get your compensation without going through all the steps of a lawsuit. All New Jersey auto insurance companies must provide an appeals process to review disputed cases and notify you of the reasons for their determination of fault or outright denial, as per § 17:29E-9. However, you should still work with our experienced attorney so that your appeal corrects the issue and does not run into any unexpected hitches.

Many insurance companies dispute liability simply because the injured motorcyclists did not provide enough evidence of their policyholder’s negligence. They might only be relying on testimony from you and the at-fault driver, preferring to take the other driver’s word over yours. Or, an insurance company denied your claim because you did not provide a police report. Jerry can help you collect this additional evidence and file it with your appeal. If the insurance company sticks to its original decision, our lawyer can also file a lawsuit instead.

Request a Review from the Office of the Insurance Ombudsman

If your appeal is still disputed, the insurance company must notify you of your right to file for a review by New Jersey’s Office of the Insurance Ombudsman. This office is a state agency overseen by the New Jersey Department of Banking and Insurance, so it is technically an unbiased party. Still, it is best to have legal counsel by your side if you choose this option.

To start this process, you only need to provide the Ombudsman with a written request for review. You will not be required to go through an entire appeals process again. However, you will want to provide all the documentation you have gathered up to that point, including the appeal panel’s findings and any other documentation that Jerry can find to show why your case should be decided for you.

Our New Jersey Motorcycle Accident Attorney Can Help You Prove Fault and Get the Compensation You Deserve

To get a free case review, contact Atlantic City, NJ motorcycle accident lawyer Jerry Friedman by calling 1-800-529-4464.