No Contact Motorcycle Accidents – Filing a Personal Injury Claim
When you are involved in a typical motor vehicle accident, you feel the collision and see the damage. If you are involved in a no contact motorcycle accident, it may not be as clear to you or others what happened. If you have questions about no contact motorcycle accidents and filing a personal injury claim, contact Hall & Lampros, LLP at (404) 876-8100 to get answers and find out what your legal options may be.
What is a No Contact Motorcycle Accident?
A no contact motorcycle accident is when a driver’s or pedestrian’s negligent actions cause a motorcyclist to crash without a collision with the other vehicle. Just like other motor vehicle accidents, a no contact motorcycle accident is not about a collision. It is about who acted negligently and caused the accident.
Can You File a Personal Injury Claim After A No Contact Motorcycle Accident?
Because a no contact motorcycle accident is like any other motor vehicle accident, you can file a personal injury claim. There does not need to be contact between the vehicles (or between vehicle and body if it is a pedestrian) to be considered an accident. You only need to prove negligence to file a personal injury claim in Atlanta, Georgia.
If you are unable to identify the other driver or cannot prove negligence, you will have to file with your own insurance’s uninsured or underinsured motorists’ coverage to recover compensation for your injuries.
What Obstacles Are There to Filing a Claim After A No Contact Motorcycle Accident?
There are two common obstacles that can make it more difficult. The first is that it can be harder to prove liability. Because there was no collision, the other vehicle will not have damage and the other driver will likely claim to have done nothing wrong.
The second obstacle is what is often referred to as the “phantom driver.” Because there is no contact between the vehicles, the other driver often continues driving. They may know they caused the accident and do not want to accept liability, or they may be unaware of what they have done. Either way, this means that you must attempt to track them down and identify them before you can begin filing your claim.
How Can You Preserve Your Claim After a No Contact Motorcycle Accident?
If you have been involved in a no contact motorcycle accident and filing a personal injury claim, you will need to do what you can to preserve your claim. Per the Georgia State Statutes, you have two years from the date of the accident to file your claim. Hiring an experienced accident attorney like the ones at Hall & Lampros, LLP can help you preserve your claim by helping you gather information and evidence.
To preserve your claim, it is important that you take the following steps:
- Call the Police: A police report indicating that the accident took place, with as much detail as possible, is a critical piece of evidence in a no contact motorcycle accident.
- Take Accident Scene Photos: These photos can also be a critical piece of evidence in helping an insurance company, judge, or jury visualize how the accident occurred.
- Find Witnesses: In a no contact accident, witnesses who saw what happened may be what helps you win your case. Take down any witnesses’ names and contact information and have them provide a written statement to the police or you as soon as possible after the accident so the details are as fresh as possible. Look for security and traffic cameras that may have recorded the accident.
- Make Notes of Details: Just as you want witness statements as soon as possible, you should take notes of as many details as possible as soon as you can after the accident. The Office of Commissioner of Insurance and Safety Fire suggests you include details such as descriptions of the vehicles involved, their approximate speeds, the weather and road conditions, any traffic signs or signals that may have been ignored by the other driver, and anything else that you think may be relevant.
Have You B15een in a No Contact Motorcycle Accident?
No contact motorcycle accidents and filing a personal injury claim in Atlanta, Georgia can be complex and confusing. If you have been involved in a no contact motorcycle accident and are not sure what you should do next, consider contacting the knowledgeable attorneys at Hall & Lampros, LLP at (404) 876-8100 to discuss your options and find out what your next steps may be.
Chris has successfully represented numerous clients in catastrophic personal injury, employment law matters, class action, consumer protection, business tort, and legislative matters involving multi-million-dollar damages.