Been in a Motorcycle Accident?
The road to recovery after an accident is difficult enough without having to go to battle with an insurance company over what you’re owed. In 2023, 6,335 motorcycle riders and passengers were killed in motorcycle crashes, and thousands more suffered serious injuries.
Here’s the problem:
Most riders have no idea what rights they have when they file a motorcycle accident claim. Insurance companies know this…and they use it against you to pay as little as possible.
But it doesn’t have to be that way.
Knowing your legal rights after a motorcycle accident is the difference between getting the settlement you need to move on with your life and being stuck with medical bills you can’t afford. If you’ve been injured through no fault of your own, an experienced Motorcycle Accident Attorney can help guide you through the claims process and fight for the full compensation you deserve.
Let me show you what you need to know.
What To Do Right After Your Motorcycle Accident
The first minutes and hours after your accident are crucial. Everything you do (or don’t do) after the crash can impact your ability to get compensation later on. Insurance companies will look for any opportunity to deny your claim or pay you as little as possible.
So what should you do?
Document everything. Photos of the accident scene, your injuries, and damage to your motorcycle are key evidence. Get the contact information for witnesses. Every detail matters when it comes to building your case.
Don’t forget to:
- File a police report
- Seek medical attention right away (even if you feel fine)
- Keep all medical records and receipts
- Write down everything you remember about the accident
Truth be told, most riders skip these steps. You’re in shock after the accident and likely don’t realize how important they are. Or you figure the other driver has insurance and it’ll all just get worked out. But these simple things you do in the hours and days after the crash can make or break your ability to get the compensation you deserve later on.
Your Legal Rights As An Injured Motorcyclist
Motorcyclists make up just 3 percent of registered vehicles on the road, but account for a whopping 15 percent of traffic deaths every year. That’s just one of the reasons why motorcycle accident victims have the same legal rights as other drivers when it comes to getting compensation.
That means if you get hurt due to no fault of your own, you have the right to pursue the responsible party and:
- Seek compensation for medical expenses
- Recoup lost wages for missed work
- Seek payment for property damage
- Claim compensation for pain and suffering
However, here’s what most people don’t know…
You don’t have to accept the first settlement offer you receive. In fact, you probably shouldn’t.
Insurance companies lowball you because they know people expect them to. They want to pay you as little as possible and get you to go away. This is where knowledge of your rights as an injured motorcyclist becomes your most powerful weapon.
Common Tactics Insurance Companies Use Against You
Alright, here’s the best part about learning about insurance company tactics…
Once you know what they are and how they work, you can prepare to defend against them.
The Recorded Statement Trap
Within days of your accident, an insurance adjuster will contact you to discuss the accident. They’ll sound friendly and helpful. They want you to relax and trust them. They’ll then ask for a recorded statement from you “just to get your side of the story.”
Don’t do it.
Insurance companies use these recorded statements to find reasons to reduce or deny your claim. Once you agree to give one, it’s in writing. They can use anything you say later on to find fault with your claim. Anything.
The Medical Records Authorization
Insurance companies will have you sign a form authorizing them to access your medical records. This is their way of getting access to your entire medical history, not just your records that relate to your injuries in the accident.
Why would they want this? Simple.
They want to find evidence of pre-existing conditions that they can blame your injuries on. They’ll argue you were injured before the accident and not due to their client.
The Quick Settlement Offer
Days or weeks after your accident, you might receive a settlement offer from the insurance company. It might even be for a decent amount of money.
Here’s the thing…
You probably don’t know the full extent of your injuries yet. Some injuries take weeks or months to develop. If you accept this offer, you’re forfeiting your right to future compensation.
How To Build A Strong Compensation Claim
There are specific steps you should take to build a strong claim.
Seek Immediate Medical Treatment
I can’t stress this enough. This is critical for two reasons. The first is obvious…you need medical attention for your injuries. Second, it creates a documented medical record that links your injuries directly to the motorcycle accident.
Delaying medical treatment is an excuse the insurance company uses to argue your injuries weren’t serious or not caused by the accident.
Keep Detailed Records
The more documentation you have, the better.
Keep every receipt and medical record related to the accident. Prescription receipts, pay stubs showing lost wages, photos of your injuries as they heal, and a journal documenting your pain and how your injuries impact your daily life. Insurance companies can’t dispute what’s in writing.
Don’t Post On Social Media
Insurance companies and their investigators scour social media. They’re looking for anything you say or post that can be used against you.
Smiling in a photo at a family party? They’ll argue you’re not really injured. Check-in at the gym? They’ll say you’re exaggerating your limitations.
The rule here is simple. Don’t post on social media until your claim is resolved.
What Compensation Can You Recover?
Motorcycle accident claims typically include several categories of damages.
Economic damages are the financial losses you can prove with receipts and bills. They include medical expenses, lost wages, and property damage.
Non-economic damages compensate you for pain and suffering, emotional distress, and loss of enjoyment of life. Punitive damages may be available if the other driver’s conduct was especially egregious.
The Statute Of Limitations
Every state has a deadline (known as the “statute of limitations”) for filing a motorcycle accident claim. If you don’t file within this time, you lose your right to compensation.
These deadlines vary from state to state, generally ranging from 1 to 4 years. However, don’t wait until the last minute to file a claim.
The sooner you start your claim, the more time you have to gather evidence, build a strong case, and negotiate a fair settlement.
Why Legal Representation Matters
Motorcycle accident claims are complex. Insurance companies have experienced lawyers working for them. You need someone working for you.
An experienced attorney knows how to gather and preserve critical evidence, calculate the full value of your claim, negotiate with insurance companies, and go to trial if necessary. Most work on contingency, so you don’t owe anything unless they win your case.
Wrapping This Up
Motorcycle accidents can change your life in an instant. Understanding your legal rights after an accident gives you some control over the recovery process – both physically and financially.
Remember these points:
- Document everything at the accident scene
- Seek medical treatment immediately
- Don’t give recorded statements to insurance companies
- Keep detailed records of all expenses
- Don’t accept quick settlement offers
- Be aware of your state’s statute of limitations
By protecting your rights from the moment of the accident, you give yourself the best chance to receive the compensation you deserve. The insurance companies aren’t on your side. You can level the playing field by knowing your rights and being prepared to fight for them.
Don’t let insurance companies take advantage of you when you’re going through one of the worst times of your life. Know your rights, protect your interests, and get the compensation you deserve.
