Steps To Take After A Motorcycle Accident
Right after an accident, riders are lucky if they’re able to think clearly, let alone walk or ride their motorcycles. However, if they are quick thinkers, they have a chance to significantly reduce the chance that they’ll be in legal or financial trouble later on. First and foremost, it’s important that anyone who’s been in an accident stop rather than leaving the scene. It’s illegal in every state to leave the scene of an accident, even one that just caused property damage. In fact, if the accident was your fault and somebody dies as a result, leaving the scene could make it a felony hit-and-run.
Second, call for help for anyone who may have been injured by the accident, including yourself. Statistically speaking, riders tend to be more badly injured in an accident than drivers. Even if you feel fine, it could be worth visiting a doctor just to get a professional opinion. Your judgment could be impaired by shock or a head injury, and some injuries -- especially head injuries, a common result of motorcycle accidents -- are not apparent right away. If it’s possible, you and the other motorists involved should also try to clear vehicles and debris from the road.
Third, exchange critical information with the other motorists. This information should include at least:
- Names
- Addresses
- Phone numbers
- Insurance carrier
- Insurance policy number
- Make, model and license plate number of the other car.
You may also want to take down the other motorists’ driver’s license numbers, vehicle registration information and the names and phone numbers of any insurance agents they use. If the other driver leaves the scene, see if you can write down or snap a photo of the vehicle’s make and model and its license plate number using a camera or a mobile phone. Even if everyone involved stays at the scene, if you have a camera, you should photograph the layout of the accident, the injuries and property damage it caused, the traffic signals and other nearby road conditions.
While talking to the other motorists, do not admit fault, even if you think it might be your fault or just want to be polite. Again, you may not be in the best position to judge directly after an accident. But more importantly, anything you say at the scene that sounds like an admission of fault may be twisted by insurance companies later into a reason to deny your claims or dismiss a personal injury lawsuit.
If there were any witnesses to the accident -- including passengers as well as nearby motorists and pedestrians -- try to write down their names, phone numbers and any statements they give. If the police don’t come to the scene of the accident, consider going to them as soon as possible and filing a police report. The report will record your version of the accident, creating a paper trail of evidence that may help you later. Also, if the accident caused more than $500 worth of injuries or damage, Californians are legally required to file a report with the California Department of Motor Vehicles. In Nevada, if the accident caused more than $750 worth of damage, you must report it to the police as soon as possible.
Be sure to save all the paperwork the accident has created. That can include the notes and pictures you took at the scene as well as police reports, hospital bills, communications from the insurance companies, motorcycle and car repair bills and documentation of any other costs you wouldn’t have had if it weren’t for the accident. Because the physical damage to both the rider and the bike can be so severe in a bike accident, the chances are good that you’ve got a lot of new and unpleasant bills -- a rental bike or car, increased gas and parking costs, child or home care while you’re incapacitated, even modifying your home to accommodate an injury or disability. You should also save documentation of any money you lost if you couldn’t work because of injuries -- pink slips or official letters from your employer. All of these things can be used later to prove your financial damages -- how much the accident cost you.
After the accident, call your insurance company as soon as possible. It may be inconvenient or difficult for you, but not calling them at all or not calling them quickly might actually cause your coverage to be denied. The sooner you speak with the insurance company, the sooner they have your version of events on paper. And the evidence may be fresher in your mind if you call sooner.
When an insurance company -- yours or the other motorist’s -- contacts you, be wary. Once you take a settlement offer (the insurer’s offer of money) you are usually barred from pursuing any more money through them or through the courts. Don’t sign anything you don’t understand or agree with and don’t take money unless you think it’s a fair amount of money for the entire accident. Doing either one of those things might legally bar you from pursuing further claims. They may ask you for permission to record phone calls; you should say no, because this may be an attempt to entrap you into misleading statements about how much of the accident was your fault. When an insurance adjustor gets back to you with a settlement offer, only take it if you think it’s fair. You can negotiate with insurance companies. And if they refuse to pay you what you think your case is worth, stonewall you, illegally raise your premium or illegally refuse to cover your claims, you should contact an attorney to help you pursue compensation in court.
Bisnar | Chase has represented motorcycle accident and other personal injury victims since 1978. We understand motorcycle accident law -- that’s how we were able to take one Bay Area rider’s $15,000 claim and turn it into a $3 million verdict. We know victims may be suffering from the loss of beloved bikes as well as serious head injuries, fractures, disabilities, missed work or even a wrongful death that tears huge hole in the lives of the rider’s loved ones. We promise to investigate your crash promptly and thoroughly, aggressively pursue compensation for you and never to take a dime until we’ve won your case. For a free consultation, call us today at 1-866-889-2755 or click here for our case evaluation form online.
