What to Do after a Motorcycle Accident

You should always call a motorcycle accident lawyer before you talk to your insurance company.  Never talk to anyone else’s insurance company.  After reading this section below about a common situation for bikers, see What To Do When You’re In An Accident.

Some states require that your motorcycle actually come into contact with another vehicle for you to be able to make a claim from an Uninsured Policy.  The law does not state that the contact be hard or cause damage, just that there be contact.  If any mark was left on your bike or tire by the car that contacted your bike, be sure to take a picture of the mark on your bike.  Although it is not necessary for the car to have left a mark, it is helpful to prove contact.  The following examples illustrate the ability to collect compensation under different fact scenarios with this contact requirement.

 

Example #1

A car cuts you off, you swerve to avoid it, hit a pole and the car takes off.
Result: You can not recover money for your injury (in those states that require contact) even if you have an Uninsured Policy, because there was no contact.

Example #2

A car cuts you off just brushing your front tire, you swerve, hit a pole and the car takes off.
Result: You can recover against your own Uninsured Policy, assuming you have one because the car came in contact with your bike.

Lesson

If you are injured in an accident, when you call your insurance company they are trained to try to document that there was no contact between you and the other vehicle… no contact to the insurance companies means saving them tens of thousands of dollars.
Don’t let them record you. Don’t give a statement. Call a personal injury attorney first. If it happened, the insurance company needs to know that the car that took off or caused the accident actually came in contact with your bike. If you do not convey that to the insurance company, you will not be able to recover for your pain & suffering.

 

Why should you see an attorney immediately and not wait?  After an accident, there are many forms and claim notices which have short time deadlines to file, some of which may be only a number of days.  Only an experienced personal injury lawyer knows how to fill out and file the forms and claim notices correctly.  For instance, you may be required to file an accident report with the Department of Motor Vehicles within days of the accident, if someone is injured or if there is substantial property damage. This form will usually be sent to you by your insurance company.  You should give this form to your attorney to assist you in completing it properly.  Your attorney should, in every case whether needed or not, file a notice of intent to file an uninsured and underinsured claim, usually within 90 days of the date of accident.  If a municipality may be liable for any part of your injuries, (such as improper road design or a missing sign) you must file a notice of claim with the municipality, usually, within 90 days of the date of accident (your attorney must do this for you). The insurance company for the person(s) responsible for your injuries should be immediately notified by your attorney of your claim, since failure to do so can allow the insurance company to decline coverage.  Claims can always be settled for more money after a law suit is filed.  Insurance companies just don’t take claims seriously until they see your case moving in the court system.  Only a personal injury lawyer has the knowledge necessary to know what papers to file, what must be be written on the papers filed, and how and when to file them.  Additionally, only a personal injury lawyer has the knowledge necessary to put your case in suit. For all of these reasons, it is vitally important for you to call 1-800-HURT-911® to speak with an attorney as soon as possible after your accident so that your rights can be protected. Click here to Find an Attorney at HURT-911® 

If you have a motorcycle accident in New York, call motorcycle accident lawyers in New York

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