Yes, you can sue for a rear-end motorcycle collision. In this instance, your case would be filed against the motorist who hit you. The American Bar Association (ABA) notes that a majority of motorcycle accident cases are settled without the need to go to court.
However, if the insurance company denies your claim, employs bad faith insurance practices, or offers you a low settlement, then you can file a lawsuit. You have two years to do this under Nevada’s statute of limitations, which you can read more about under NRS §11.190(4)(e).
Explaining the Financial Recovery Process for a Motorcycle Accident Case
Filing a lawsuit against a negligent motorist is not an easy task. Matters can be even more complicated if the other motorist denies fault. We can help you with the process of filing a lawsuit and recovering compensation.
We can help you by:
Determining Fault for Your Accident
We will examine the information in your case to determine who caused the accident. We do not need to prove that the other motorist was 100% responsible; rather, the other party only needs to be more at fault than you, per NRS §41A.097(2).
Some pieces of evidence will give us crucial pieces of information about who caused the accident. These pieces of evidence could include the police report, witness testimony, and traffic camera footage. Once we determine who caused your accident, we can explain whether suing them could be a viable option.
Negotiating an Out-of-Court Settlement
In some rear-end collision cases, determining fault is fairly straightforward. If this is true in your situation, then we can attempt to negotiate a settlement with the liable insurer. We can even do this while a lawsuit is pending against the at-fault driver.
This will involve:
- Understanding the cost of your damages. Before entering into the negotiation proceedings, we will need to determine how much you deserve. By calculating the cost of your lost income, loss of future earning capacity, medical bills, and past and future pain and suffering, we can work to have you fairly compensated.
- Reviewing your coverage options. All motorists in the state of Nevada are required to carry liability insurance, according to the Nevada Department of Motor Vehicles (DMVNV). By understanding the involved insurance plans, we can get a better idea of what coverage options you have.
- Defending you against bad faith insurance practices. Sometimes, insurance companies will refuse to answer your messages in the hopes that you will drop the case. They may even deny you coverage or employ other measures to derail your claim.
If we are able to resolve your case by negotiating with the insurance company, then you would not need to sue for a rear-end motorcycle collision.
Litigating Your Motorcycle Accident Case
If settlement negotiations fail, then we can sue the party that caused your accident. Because many rear-end collisions are the result of driver error, the fault may rest on the motorist who struck you. Your lawsuit would be against them, not their insurance company–although their insurer may hire a lawyer to represent their client.
To guide your lawsuit to the finish line, we may need to:
- Gather and present evidence
- Consult with accident reconstruction specialists
- Examine your medical treatment records
- Talk to the other party’s legal counsel
- Present your case in court
- Adhere to various filing deadlines
- Cross-examine witnesses in civil court
As noted, you may have as little as two years to file your lawsuit in court.
Bernstein & Poisson Is Here to Help with Your Case
If you call us today at (702) 633-3333, we can listen to the details of your case and explain whether you can sue someone for a rear-end motorcycle collision. We also can explain how we work on a contingency-fee-basis. We do not want you to worry about the cost of hiring a lawyer while we fight for your legal rights.