While motorcycles share the road with cars and trucks, that’s where the similarities end. Motorcycle riders face unique challenges on the road and within the accident claims process. Unfortunately, the system is designed primarily for four-wheeled vehicles, which often leaves motorcyclists navigating through unfamiliar and sometimes biased processes after an accident.
Stereotypes about motorcyclists being reckless thrill-seekers persist, even though research shows that other drivers cause most crashes involving motorcycles. According to the Florida Department of Transportation, many accidents occur when other drivers fail to notice motorcycles or yield properly. These misconceptions can make it harder for motorcyclists to recover fair compensation after a crash.
If you ride a motorcycle, it’s essential to understand how to protect your rights following an accident. Here’s an outline of the claims process—and why having an experienced motorcycle accident attorney on your side can make all the difference.
Step 1: Immediately After the Accident
The moments after an accident are often chaotic, but they are crucial for gathering evidence and building your case. The claims process really begins at the scene of the accident.
If you’re able and not seriously injured, take the following steps:
- Document the scene: Take pictures of the accident, including damage to your motorcycle and the surrounding area.
- Collect information: Gather details from other drivers, passengers, and any witnesses, including names, contact information, and insurance details.
- Alert the police: Call law enforcement and stay at the scene until they arrive and file an official accident report.
- Seek medical attention: Even if you don’t feel injured, it’s important to get checked by a doctor, as some injuries may not be immediately noticeable.
In these stressful moments, it’s never too early to contact a lawyer. A motorcycle accident attorney can help you navigate these steps and ensure you’re taking the right actions to protect your claim.
Step 2: Filing an Insurance Claim
While you don’t need to file a claim immediately, you also shouldn’t wait too long. Your attorney will help guide you through the timing and process.
Once you file a claim, the insurance company will request information and documentation. Be cautious when communicating with them:
- Stick to the facts: Provide the necessary details, but avoid discussing fault, describing the accident in detail, or admitting guilt.
- Review everything: Make sure to carefully read any documents the insurer sends before signing anything.
- Let your attorney handle communications: Once you hire an attorney, they’ll handle all communications with the insurance company, ensuring that your rights are protected.
If you’re ever uncertain about what to say or do, contact your lawyer before taking any action.
Step 3: Resolving the Claim
Once the insurance company has reviewed your claim, they will typically offer a settlement. If your claim involves both property damage and bodily injury, they may offer separate settlements for each.
You are not obligated to accept the first offer. In many cases, the initial offer is lower than what you deserve. You can make a counteroffer and provide supporting evidence to justify a higher settlement.
- Negotiation: If you negotiate and reach a satisfactory agreement, you’ll sign a release form. Be cautious—once you sign, the claim is finalized, and you cannot reopen it or request more compensation.
- Filing a lawsuit: If negotiations fail or the settlement offer is too low, you can choose to file a lawsuit. Negotiations may continue up until the case is resolved in court.
Why Trust Morgan & Morgan for Your Motorcycle Accident Claim?
At Morgan & Morgan, our motorcycle accident attorneys have decades of experience representing riders in complex claims against insurance companies. We work closely with experts in medicine and accident reconstruction to build strong cases and secure significant compensation for our clients.
We’ve won $6.5 million and $47.5 million verdicts for injured motorcyclists—proof that we don’t back down when the stakes are high.
With Morgan & Morgan, the nation’s largest injury law firm, you’ll have the resources and expertise needed to fight for what you deserve. Don’t trust your claim to a small, unproven firm. Contact us today for a free case review and let us help you recover the compensation you’re entitled to.