Motorcycle Accident Claim
There is a substantial risk you take on when riding a motorcycle. This is why you must know your rights and how to protect yourself by properly making a motorcycle accident claim. According to the National Highway Traffic Safety Administration, in 2019, motorcyclists were 29 times more likely to die in a motor vehicle crash and four times more likely to be injured than those in cars.
It would be best if you take proper safety precautions, have insurance (which is mandatory in the U.S.), and familiarize yourself with how to file a motorcycle accident claim before riding a motorcycle. If you are not familiar with filing a motorcycle accident claim, take a look at our ultimate tell-all guide.
I’ve Been in an Accident, Now What?
Accidents happen; it’s inevitable. This is why being prepared in the event you’re involved in an accident is so important. It will also help ease the filing process afterward. Key steps to follow are:
1. Alert the Authorities
First, call the police. The police will collect all the information to file a report. You need a police report to file any motorcycle accident claim. Seek medical attention. Even if you don’t feel hurt or unwell, always have a medical professional check you out. You could have a concussion or an internal injury you aren’t aware of.
Medical professionals need to record motorcycle accident injuries, no matter how minor. You will use this information for filing a personal injury claim. Therefore, you must mention everything that is bothering you to your healthcare professionals.
Anything left unsaid could be thrown out of the lawsuit and not included in your settlement during negotiations. Always take care of your health first before anything else.
2. Document Everything
Document everything from the accident. Take pictures of the motorcycle at all angles. Photograph anything that is specifically damaged on the motorcycle too. If the accident involved another driver, also photograph their vehicle. Take note of the other driver’s contact, license and insurance information. Also, note down the vehicle’s make and model.
You should also photograph other damages caused by the accident. This includes skid marks, gouges in the road, or anything else hit, such as street signs, utility poles, and medians. Ideally, you want the accident documented right after it happens to preserve as much information as possible.
Suppose you cannot document the accident because of sustained injuries. Instead, designate someone to do it for you, like family members or friends. Keep an emergency contact in your wallet or phone so the police can call someone to assist you after the accident. Notify your emergency contact so they know how to document the accident and assist you, should you need it.
Check the area for witnesses to the accident. When filing a motorcycle accident claim, witnesses are important to help assess fault. Thus, you want to collect their names and contact information for follow-up conversations. You can never document too much information. The more you have documented, the better you can proceed with filing a claim.
Types of Motorcycle Accident Claims
Before you file a motorcycle accident claim, you need to know which type of claim to make. There are two types of claims. Working with an experienced motorcycle accident lawyer can also assist in clarifying each claim. They are property damage claims and personal injury claims.
Property Damage Claim
Property damage claims are for damage to the motorcycle. If there was a collision with another driver at the other driver’s fault, you could seek compensation through that driver’s insurance company.
If there was no other driver involved or at fault, you want to file a claim using your own insurance policy. This is one of several reasons why insurance coverage is necessary to have before riding. When an accident involves only one motorcycle, there are two main causes. The first is motorcyclist negligence. The second is a motorcycle defect.
The cause of the crash will determine whether the motorcyclist or the motorcycle company is at fault and if the insurance company will settle the claims.
Personal Injury Claim
Personal injury claims are for injuries to your body and related losses caused by the driver of another vehicle. To file a personal injury claim, you must prove the other driver was at fault. The three losses or damages in a personal injury claim are medical expenses, wage loss, and pain and suffering.
Settlements vary greatly in personal injury claims. This is because these claims rely on the medical records taken by doctors after the accident.
How to File a Claim
If you’re in an accident, it’s time to make a claim. So, let’s go through the motorcycle accident claim process. You have the police report and documentation from the accident. Using these documents, you know what type of claim you want to file. Then, it is best to find a motorcycle accident lawyer to hire. You want someone to advocate on your behalf to ensure you receive maximum compensation. This is especially true with personal injury claims.
Never try to negotiate with representatives from the insurance companies. They will find ways to benefit the company rather than help you. Setting insurance claims can be timely and difficult. A good lawyer will be in your corner and guide you through the process. The stress of doing it alone, especially if you’re injured, can be exhausting.
The majority of people prefer to settle insurance claims rather than having to go to court. A motorcycle accident lawyer is equipped to help make the best decisions to get the settlement you deserve and avoid going to trial.
Ride with Safety and Security
There is almost no greater feeling than the freedom you get while taking your bike out on the open road. Unfortunately, with this freedom comes risks. Should an accident happen, you can feel more secure if you took the proper precautions, are insured, and know how to file a motorcycle accident claim. If you have recently suffered in a motorcycle accident, contact us at Alpha Accident Lawyers for a free, no-risk consultation.
