Does An Attorney Have To Represent You In A Motorcycle Accident Case?
Although it would seem like an attorney will take any client who comes their way, there are some cases when he or she does not. This is particularly the case in motorcycle accidents. If an attorney who is not a public defender has the right to decline any case if he or she feels it is not winnable. Here are some of the reasons why an motorcycle accident attorney may not take your case.
You Are Clearly at Fault
If you are the liable party for the accident, an attorney may still take your accident case. However, if you acted egregiously or caused major injuries to yourself and others, an attorney may not take the case. If, for example, you were driving at a high rate of speed to avoid a police pursuit and you hit another person with your bike, an attorney may not want to take your case because the accident was clearly your fault. However, you should still try to find representation as best you can.
You Do Not Have Injuries
If your motorcycle accident did not cause any injuries, an attorney may skip over your case. The medical billing portion of a motorcycle case is typically the costliest part, and attorneys will also push for pain and suffering damages as well. If you do not have any medical expenses, the only thing you can sue for is the cost of your damaged property. If you agree to at least have a medical clearance performed, an attorney may agree to work with you. It is possible you have an injury you did not know about and can receive compensation for.
The Other Party Does Not Have Insurance
If the other party to the accident did not have any insurance, you may have problems finding an attorney to work on your case. A winning client in a motorcycle accident case generally receives most of the money from the liable party's insurance. If he or she does not have insurance, you have to sue them civilly. This process can take years, and you may not see any money for a long time. Unless the liable party is wealthy, chances are they could file for bankruptcy protection and have your claim charged off. You will then receive nothing, as would your attorney. This is the primary reason why an attorney will not want to take on an uninsured case in a motorcycle accident.