Few things are more disorienting than being involved in a motorcycle accident, particularly one that leaves you with either major property damage or a serious injury. In the wake of a motorcycle accident, it can be challenging to know what to do, how to proceed, and what steps to take in order to ensure the proper compensation from the insurance company. And of course, there are a number of potential complications, including the chance that you’re involved in an accident with an uninsured driver.
For those who have been in a motorcycle accident and want to know how to take care of themselves, or when they should seek the assistance of a motorcycle accident lawyer, we’ve put together a list of common questions and answers. We hope this motorcycle accident FAQ is helpful to you.
Yes! It is always in your best interests to call the police and ask someone to come out and file a report. This provides a useful baseline of facts, which can be invaluable to you when you file with the insurance company or ultimately wind up in court. Don’t ever let the other driver talk you out of calling the police.
When the police officer arrives on the scene, he or she will collect statements from each person involved with the accident, as well as any witnesses. It’s important to just stick with the facts rather than throwing blame at the other driver; keep your statements short and sweet, and above all be truthful! With that said, avoid admitting fault or apologizing, even if you do think you were at fault. Just let the officer make that determination. The officer will also take some photos, sketch the scene, and let you know when you will receive your copy of the report (typically a week or two).
You don’t ever want to apologize or admit fault to the other driver, but you should be willing to provide some basic contact information. In particular, give the other driver:
Also make sure you collect this information from the other driver.
You should always seek a medical evaluation following your motorcycle accident, even if you feel like you don’t actually need care. If you only have scrapes and bruises, we’d still recommend going to the emergency room, urgent care facility, or your primary doctor’s office ASAP, and asking for an evaluation. This allows the doctor to catch any latent issues you may not be aware of, such as internal bleeding or head trauma. These complications don’t always manifest right away, so it’s critical to get an all-clear from the doctor.
This isn’t totally necessary but it’s certainly ideal. If you’re sufficiently healthy and if your phone is intact, take a few snapshots to document the scene. In particular, you’ll want to take a photo of:
Again, it’s not the end of the world if you are unable to take photos, but if you can take pictures, it can ultimately help you with your insurance claim or with your legal case.
Yes, following a motorcycle accident, we always recommend contacting your insurance company. Be prompt, as long delays may make it harder for you to get your claim processed. Also, keep your comments to the insurance adjuster as brief as possible. Remember that anything you say, or anything you put into writing, can be used to reduce or deny your claim. Ideally, you’ll want to have a motorcycle accident lawyer on the line with you for any communication with the insurance company.
It’s not uncommon to file a claim and, a few days or weeks later, receive a follow-up call from the insurance adjuster. Your insurance adjuster may ask you questions that seem innocent but are actually designed to trip you up and give them reason to reduce your claim. We would recommend you not answer questions, but instead let them know you have hired a motorcycle accident lawyer. Tell them they can direct their questions to your attorney. A seasoned motorcycle accident attorney will be able to answer tough questions on your behalf.
We would highly, highly recommend against this! Note that, when your insurance company sends you a check, it usually constitutes a final settlement. In other words, depositing or cashing that check means you waive your rights to take further legal action or to seek additional compensation. By accepting the check, you may be curbing the amount of money you can get from the insurance company. If you do receive a check, talk to your motorcycle accident lawyer before you do anything.
Those involved in a motorcycle accident naturally want to know how much the case is worth, and whether it’s really advantageous to pursue legal action. The valuation of a case depends on many different factors, so there’s no simple or straightforward answer here. The best course of action is to reach out to a skilled motorcycle accident lawyer, who can come meet with you, discuss the details of the accident, and give you a ballpark estimate of how much it’s worth.
Absolutely! This is something your insurance company really doesn’t want you to know, but, following your accident, you’ll typically be given a lowball offer. The insurance company wants to see the claim resolved as quickly as possible, and at minimum cost. You can always ask for more, and in most cases, that’s exactly what you should do. Don’t accept the lowball offer! For help negotiating with your insurance company, we advise you to hire an experienced motorcycle accident lawyer.
Sometimes, but not necessarily. A lawsuit can sometimes be your best way forward, but it’s seldom going to be your first course of action. Talk to your motorcycle accident lawyer to find out whether it makes more sense to file a suit or try working directly with the insurance carrier.
It all depends on the damages you suffered. It’s not at all unreasonable to seek compensation for any and all of the following:
We invite you to discuss specifics with your motorcycle accident attorney.
We encourage everyone to wear a helmet when they ride, especially if you happen to be in a state with a mandatory helmet law. With that said, even if you do live in a state with a mandatory helmet law, failure to comply generally won’t impede you from getting compensation. Ask your motorcycle accident lawyer for additional information about this.
When shopping for a new motorcycle helmet, always look for a Department of Transportation sticker, which is your clearest indication that the helmet complies with legal requirements. (It’s also a positive sign that it’s a good, high-quality helmet.)
We hope this motorcycle accident FAQ has been useful to you. If you have any questions that aren’t featured here, don’t hesitate to reach out to us. We’re here to provide guidance whenever you need it.
And, if you are ever involved in a motorcycle accident and need legal assistance, please contact Motorcycle Lawyer Pro. We are seasoned attorneys who specialize in motorcycle accident injury cases. We handle these cases ourselves, never outsourcing them to larger firms. And, we always fight for our clients to receive the maximum monetary compensation!
Motorcycle accidents can be truly traumatic. They can leave you unsure of what to do or how to proceed. We’re here to help whenever we can. Reach out to Motorcycle Lawyer Pro any time you need us; we’re around 24/7!
