Life can change forever when you’re involved in a motorcycle accident.
One minute you’re riding down the road and the next minute you’re dealing with severe injuries, expensive medical bills, and a whole lot of uncertainty about what to do next.
Here’s the problem…
Most motorcycle riders don’t know what rights they have after an accident. And not knowing your rights can end up costing you thousands in deserved compensation.
You Will learn:
- Why Motorcycle Accidents Are Different From Car Crashes
- The Important Rights You Have As A Rider
- Important Steps To Preserve Your Claim From Day One
- 3 Tricks Insurance Companies Use To Lowball You
Why Motorcycle Accidents Are Different From Car Crashes
Motorcycle accidents are far more serious than your average car accident.
Statistics don’t lie. The National Highway Traffic Safety Administration says motorcyclist death rates were nearly 28 times greater than passenger vehicle occupant deaths per every 100 million miles traveled.
Motorcycles are not cars.
When you’re riding a motorcycle, you’re at a greater risk of being injured or killed in an accident. And if you are involved in a crash, you’re likely to suffer more serious injuries than car drivers.
Broken limbs, traumatic brain injuries, road rash, spinal cord injuries.
You get the picture.
Since motorcycles accidents are far more serious than car crashes, riders should work with a skilled Rock Hill motorcycle accident attorney to ensure they’re making the right decisions after an accident and are seeking enough compensation from insurance companies to pay for medical bills.
That’s important to know because…
Insurance companies know motorcycle accidents = serious injuries = higher payouts. They also know riders are often wrongfully blamed for wrecks. Together, these facts make motorcycle accidents more complicated than your average vehicle crash.
Critical Rights Every Rider Has After an Accident
No matter how your accident occurred, you have rights.
As a motorcycle accident victim, you have the right to:
- File a claim for your injuries. If another driver was negligent and caused the accident, you can file a claim against their insurance policy to recover compensation for your medical bills, lost wages, pain and suffering, and any future treatment costs.
- Hire a lawyer. Riders can work with a motorcycle accident lawyer to negotiate with insurance companies. You don’t have to navigate the legal process alone.
- Sue the at-fault party. If insurance companies lowball you, motorcycle accident victims can file a personal injury lawsuit in court. Most states allow two to three years to file a lawsuit from the accident date.
- Gather evidence to support your claim. After an accident, you have the right to collect evidence like photos of the accident scene and damaged property, witness information, police reports, and your damaged gear.
However…
Knowing your rights won’t do you any good if you don’t take action to protect them.
Steps To Protect Your Claim From Day One
The steps you take after a motorcycle crash are critical to protecting your right to collect compensation.
Get medical treatment. You should always seek medical attention after an accident, even if you think you’re okay. Some injuries have delayed symptoms. Other injuries become serious if they go untreated. Finally, medical records help connect your injuries to the accident.
Preserve evidence. Take photos of the accident scene, injuries, and damaged property. Get the contact information of any witnesses you talked to at the scene.
Contact the police. Don’t leave the scene of an accident without a police report. A police report provides proof of what happened and will be helpful later when dealing with insurance companies.
Avoid recorded statements. Insurance company adjusters will call you after the accident to gather information. During this conversation, it’s tempting to just tell the truth about what happened. Resist the urge to give a statement. You can always speak with the adjuster after you’ve consulted a lawyer.
Keep your damaged gear and bike. Insurance companies like to see photos of damaged property, but they’ll often ask you to turn in your gear and bike for inspection. Avoid doing this until you’ve had the opportunity to speak with an attorney. Your bike and gear can provide valuable evidence.
According to the IIHS, motorcycles accounted for 14% of all motor vehicle fatalities in 2023. This is why it’s important to follow these steps after every motorcycle accident, no matter how minor the crash may seem.
Tricks Insurance Companies Use To Lowball You
Here are 3 tricks insurance companies will try to use to lowball your compensation.
Quick settlements. Insurance companies love to speed through claims. As soon as they receive notice of an accident, insurance adjusters will often call to offer quick settlements. The problem with these offers is they occur before victims even know the full extent of their injuries.
Blaming the rider. Motorcyclists can and do make mistakes. But insurance companies know this and will unfairly blame riders for accidents. Was the rider speeding? Did they ride in the wrong lane? These are tactics insurers use to justify offering less compensation.
Downplaying injuries. Insurance companies have learned that motorcycle accidents result in serious injuries. To save money, some insurance adjusters will say injuries existed prior to the accident or medical treatments are inflated.
Dragging out the claims process. Some insurance companies purposely take forever to respond to claims. They know riders won’t want to wait months (or even years) to hear back and will accept lower settlements to speed up the process.
Instead of letting insurance companies trick you…
Insist on speaking with a motorcycle accident attorney prior to accepting any settlement offers. Many insurance offers are low-ball attempts that do not come close to covering medical bills and other damages.
How to Build the Strongest Case Possible
Every strong injury case has a few things in common.
Medical records. Medical records should detail injuries suffered in the accident and how those injuries were caused by the accident.
Witness information. Witness should support your version of events. Make sure to get contact information from anyone who stops to help you at the scene or anyone who witnessed the crash.
Police report. A police report should be filed after every motorcycle accident. Not only does it create a legal record of the crash, but police officers also will likely draft up a report detailing how the accident occurred.
A knowledgeable attorney will know how to obtain all of the evidence needed to build the strongest case possible. Plus, they’ll know who to consult when calculating damages and negotiating with insurance companies.
Needless to say, working with a professional motorcycle accident attorney is your best bet for securing the compensation you deserve.
Know Your State’s Statute of Limitations
When you file a motorcycle accident claim, you aren’t given an unlimited amount of time to file a lawsuit.
All states have a time limit, known as a statute of limitations, that specifies how long victims have to file a lawsuit against a negligent party. Most states allow riders 2-3 years to file a personal injury lawsuit. If you don’t file your lawsuit within that time frame, you could lose your right to sue forever.
What most motorcycle riders don’t know is…
It takes time to build a strong injury case. You’ll need time to collect medical records, talk to witnesses, and meet with your attorney to discuss your options. If you wait too long to file a lawsuit, you risk your attorney not having enough time to gather the proper evidence.
If you’ve been involved in a motorcycle accident, consult with a lawyer as soon as possible to ensure your rights are protected and your case is filed before the statute of limitations expires.
Wrapping Things Up…
Motorcycle accidents are serious and demand attention.
You have rights as an injured motorcycle rider. Take steps to protect them. Then contact a motorcycle accident lawyer to guide you through the claims process and fight for the compensation you deserve.
The insurance companies have teams of lawyers working for them. Don’t ride into battle alone. You deserve someone in your corner just as fierce about protecting your rights.