Though the typical American has relied on personal vehicles or public transportation to get from here to there, mopeds and scooters have become increasingly popular. This rise in popularity is especially true in larger cities where these miniature electric or gas-powered bikes can cover a good deal of distance with excellent fuel economy. Unfortunately, mopeds and scooters are much smaller in size than the typical vehicle. This puts moped and scooter riders and drivers at greater risk of serious accidents.
So what should you do if you are in a moped accident? Can you file a lawsuit for a scooter crash?
Start with an Insurance Claim
If you are looking to file a moped accident lawsuit or even a personal injury lawsuit due to a moped or scooter accident, you must start the process by filing an insurance claim. Though not all states require liability insurance for mopeds or scooters, you need to file a claim if you have it. In some cases, your insurance will cover your injuries and the damages to your moped or scooter. But rarely does insurance cover lost wages if you are unable to work after your accident.
If you reside in a state where moped or scooter insurance is not required, you may need to file a claim with the other vehicle's driver's insurance company.
Though it is easy to assume that the larger vehicle will be at fault, this is not always the case. If you were driving your moped and drove into someone's parked car, you are at fault. As such, this would not be means for you to file a lawsuit against the other car owner.
In some states, both drivers will be considered at fault. This is deemed to be contributory negligence, and in many cases, injured parties may not be able to collect damages if they are deemed at all responsible for all or even a small part of the incidence.
If you feel that the other driver is at fault for whatever reason, then you may wish to consider filing a lawsuit against that driver.
File Your Lawsuit Promptly
After seeking initial medical attention and filing any insurance claims, the next step will be to file the lawsuit. There are statutes of limitations that vary by state so you mustn't miss any potential window for the claim. For example, South Carolina doesn't have a statute of limitations for criminal charges. For civil charges, the statute varies based on the type of accusation.
Regardless of where you are located, the best strategy is to consult a scooter accident attorney to discuss your situation and understand your options. Your attorney can help explain your probability of winning your moped or scooter accident lawsuit.