Motorcycle accidents can be incredibly traumatic, and when you are faced with one, the last thing you want to worry about is navigating the complexities of the legal system. In New Hampshire, like in many states, filing a motorcycle accident claim involves several important steps. These steps are crucial to ensure that you receive the compensation you deserve for any injuries, damages, or losses you’ve suffered. Understanding how to approach this process can ease some of the stress you may be feeling and allow you to focus on recovering both physically and emotionally.
Accidents on the road are always unpredictable. For motorcyclists, the risk is even greater because they are more vulnerable to serious injuries. It’s important to understand your rights and the legal processes involved in filing a claim after an accident in New Hampshire. This guide will take you through the process step by step, providing you with a clearer understanding of what to expect and what actions to take to protect your interests. Tenn And Tenn, PA provides dedicated legal representation to guide and support clients through the complexities of motorcycle accident cases, ensuring they pursue the compensation they deserve.
James J. Tenn, Jr.
Attorney
Mary Elizabeth Tenn
Attorney
John J. Tenn
Attorney
Working hard to obtain the best results possible for our clients and fighting to protect their rights.
Understanding New Hampshire’s Motorcycle Laws
New Hampshire is unique in many ways, including its motorcycle laws. Unlike some states, New Hampshire does not have a universal helmet law, meaning that riders over 18 years old are not required by law to wear a helmet. This can play a role in how accident claims are handled, especially when it comes to determining fault and the severity of injuries. If you were not wearing a helmet at the time of the accident, the insurance company or the other party may try to argue that you were partly at fault for your injuries. This is why understanding the state’s specific laws is important when you’re involved in a motorcycle accident.
New Hampshire operates under a fault-based insurance system, meaning that the person who is found to be at fault for the accident is the one who is responsible for covering the costs associated with damages and injuries. This makes it crucial to have a clear record of what happened in the moments leading up to the accident. Determining fault is often the most contentious aspect of a motorcycle accident claim.
In New Hampshire, the modified comparative negligence rule is applied. This rule allows you to recover compensation even if you were partly at fault for the accident, as long as your share of the blame is 50 percent or less. However, your compensation will be reduced by your percentage of fault. If you are found to be more than 50 percent at fault, you cannot recover any damages. This makes it essential to have strong evidence to support your case.
What to Do Immediately After a Motorcycle Accident
The moments following a motorcycle accident can be confusing and frightening. However, the steps you take immediately after the accident can significantly impact your ability to file a successful claim later on. The first thing you should do after ensuring your own safety and the safety of others is to contact the authorities. New Hampshire law requires you to report any accident that results in injury, death, or property damage exceeding $1,000. The police report generated from this will be an essential piece of evidence in your claim.
Seeking medical attention is the next step, even if you believe your injuries are minor. Motorcycle accidents often result in serious injuries that may not be immediately apparent. Adrenaline can mask pain, and conditions like internal bleeding or traumatic brain injuries can develop over time. By visiting a healthcare provider, you create an official medical record that links your injuries to the accident, which can be vital when filing a claim.
If possible, gather evidence at the scene of the accident. Take photos of the damage to your motorcycle, the other vehicle, and any visible injuries. Collect contact information from witnesses and the other driver. All of this will be helpful when you are building your case later on.
Filing an Insurance Claim in New Hampshire
Filing a motorcycle accident claim in New Hampshire typically begins with contacting the at-fault driver’s insurance company. It’s important to do this as soon as possible. Delaying the process may weaken your case, and New Hampshire has a statute of limitations that places a strict deadline on how long you have to file a claim. In most cases, you have three years from the date of the accident to file a personal injury lawsuit. If you miss this deadline, you may lose your right to compensation altogether.
When filing an insurance claim, you will need to provide as much documentation as possible to support your claim. This includes the police report, medical records, photographs of the accident, and any other evidence that helps establish fault and prove the extent of your damages. It’s also a good idea to keep a personal record of your injuries and how they have affected your daily life. This can help strengthen your case for compensation, especially if you are seeking damages for pain and suffering or loss of enjoyment of life.
Once you file your claim, the insurance company will investigate the accident. They will likely ask for a statement from you, and it’s important to be cautious when speaking with them. Insurance companies are businesses, and their goal is often to minimize the amount of money they pay out. For this reason, it’s wise to consult with a legal professional before giving a recorded statement or signing any documents from the insurance company.
Calculating Damages in a Motorcycle Accident Claim
The damages you may be entitled to after a motorcycle accident in New Hampshire can vary widely depending on the specifics of your case. Generally, accident victims can seek compensation for medical expenses, lost wages, property damage, and pain and suffering. If your injuries are severe and you are unable to work, you may also be entitled to compensation for future lost wages and diminished earning capacity.
Medical expenses can include everything from emergency room visits to physical therapy, and it’s important to keep track of all the medical bills and receipts related to your injuries. If your motorcycle was damaged or totaled in the accident, you can also seek compensation for repair or replacement costs.
In some cases, motorcycle accident victims may also be able to seek compensation for pain and suffering. This is more subjective and can be difficult to calculate, but it refers to the physical and emotional distress caused by the accident. Working with a legal professional can help you determine what a fair amount of compensation might be for these non-economic damages.
When to Contact a Lawyer for Help with Your Motorcycle Accident Claim
Motorcycle accidents can result in complex legal cases, especially if there is a dispute about who was at fault or if your injuries are severe. In these situations, it’s often in your best interest to contact a legal professional for assistance. They can help you gather evidence, negotiate with the insurance company, and ensure that your rights are protected throughout the process.
Filing a motorcycle accident claim in New Hampshire involves navigating the legal system, understanding state laws, and often dealing with uncooperative insurance companies. A lawyer can take on these burdens for you, allowing you to focus on your recovery. They can also help ensure that you receive the full compensation you are entitled to, rather than settling for less than what you deserve.
Additionally, if the insurance company denies your claim or offers an unfairly low settlement, a lawyer can help you file a lawsuit. This can be a complex process, but having an experienced legal guide by your side can significantly increase your chances of a successful outcome.
If you have been involved in a motorcycle accident in New Hampshire and need help navigating the claims process, the legal professionals at Tenn And Tenn, PA are here to help. With extensive experience in personal injury law, they understand the unique challenges that come with motorcycle accident claims and are dedicated to fighting for your rights. Contact Tenn And Tenn, PA today to schedule a consultation and learn how they can assist you in getting the compensation you deserve.