A Complete Guide to Motorcycle Accident Claims
Motor vehicle accidents are a scary thing to consider. For most of us, when we think of vehicle accidents, we think of being in a car and those have proven to be fatal. There are also motorcycle accidents to consider. These are probably the scariest of all accidents, for obvious reasons. A motorcyclist is not protected by anything and is completely exposed. Even a minor accident can send a motorcyclist skidding on their side down the road, causing serious accidents.
According to the Insurance Information Institute, in 2017, 5,172 motorcyclists died in a motorcycle accident and they are 27 times more likely to die than passengers in a car. While being on a motorcycle can be dangerous, many people love their motorcycles and would never give them up.
There are ways they can protect themselves while riding, such as wear helmets and gear that protects them. If they are in an accident, they may have to file motorcycle accident claims, which no one ever wants to do. However, if the need arises, this article can help navigate the unknown of accident claims.
Should I File a Motorcycle Accident Claim?
When it comes to motorcycle accident claims, they may seem like a scary action to take, but they may be a necessary one. If you were in a motorcycle accident yesterday, you probably have some injuries.
1. Contact Your Insurance Company Right Away
It does not matter if there were other parties involved, you should contact your insurance company immediately and file a claim. You have paid for your insurance premiums to provide you protection for just this reason. It is always important to contact your insurance company right away. You do not want too much time to pass by before they are notified of an accident. In some cases, they can provide assistance to you at the scene of the accident.
2. Ask for Medical Examination
You should also seek medical attention. I know many people do not want to take this step, but it is important, especially in a motorcycle accident. Most likely, in a motorcycle accident, you have fallen off the motorcycle and you had some impact with the ground. You could have injuries that you are not aware of. You may not feel pain today but might feel it the next day.
3. Keep All the Records
You want to keep all of your documentation. If the police come to the scene, keep any paperwork they give you, especially if it states that you were not at fault. If you seek medical treatment, obtain copies of all of those records, and keep them.
Do I Need A Lawyer?
When filing motorcycle accident claims, you might consider obtaining a lawyer. You might want to do this right away, or you may decide to wait to see how well the insurance company works with you. Even though we pay for our insurance and the entire purpose of it is to protect us in the event of an accident, we know that insurance companies do not like paying out money. It does not matter if it is your own insurance company or the other persons, they still may make things difficult for you.
The purpose of an insurance adjuster is to negotiate for the insurance company. If you are offered a settlement, you do not have to take it. You want to make sure that the settlement is really in your best interest. A lawyer may help you do that. If the motorcycle accident claim has to go to court, you probably want a lawyer fighting your case for you. Of course, lawyers have their own fees for services, so you should be aware of those, also. It is also important that you understand the rules for your state because each state may have different regulations when it comes to insurance.
Types of Claims
When it comes to motorcycle accident claims, there are two different types of claims that you can file and it is important to know the difference. One is a personal injury claim and the other is a property damage claim.
Property Damage Claim
Personal Injury Claim
A personal injury claim is one that covers any injuries to your body and any other losses caused by the fault of someone else. To be awarded for this type of claim, you have to prove that the accident was the fault of the other person. If you were at fault for the accident, this may not be the right claim for you to file. If you file a personal injury claim, then you may ask for coverage for medical expenses, which can include hospital bills, doctors’ bills, physical therapy, prescriptions, and any other cost from healthcare. These do not have to be costs you have currently. They can be costs that you expect to have in the future.
You may be able to receive money for any lost wages. If you have been unable to work as a result of the injuries you sustained, you can receive that money. If your injuries prevent you from working in the future, you may be able to receive money for all your potential future wages. Pain and suffering is another area where you may receive compensation. This covers any mental or emotional distress that you have suffered. It can also include compensation for any life enjoyment that you feel you may lose in your future due to your injuries.
Motorcycle accident claims that property damage claims cover damage to the motorcycle. If you are in a motorcycle accident and it is the fault of someone else, you should seek damages from their insurance company. However, if the fault is yours or there were no other parties involved, you can make a claim with your insurance company. This type of claim may get a little messy because if the value of the motorcycle is less than the cost of the repairs, the insurance company will total your motorcycle and give you a check for what it is worth.
If you are making a claim against another person's insurance, then you should get the value of your motorcycle. If you are making a claim against your own insurance, the amount you receive will be based on the type of coverage you have.
If you have collision coverage, this covers you if you collide with something, typically another car, but can also be some other immovable object. Then we have the comprehensive coverage, which covers any damage that was not caused by a collision with another object, so if you swerved and wiped out and damaged your motorcycle, this would definitely be the coverage you need.
Regardless of the type of coverage you have, the amount you can collect is directly related to the amount of coverage you have. These were items you discussed when you first obtained the insurance. You may not remember making these decisions but they become important when you are in an accident and file a claim.
What Do I Need For My Claim?
For motorcycle accident claims, it is incredibly important that you keep evidence for your claim. You are filing a claim that says someone else caused you harm and you are going to have to prove it.
Collect the Evidence
You need to take as many pictures at the scene of the accident before anything is moved. This is critical to determining fault. Make sure you take pictures of all the damage to your motorcycle, as well as the part of the other vehicle that hit you. If there are any skid marks on the road, you want to document them.
Get Other Driver’s Basic Personal Information
You should also be sure to document the conditions at the time, such as weather, sunshine, other road hazards. You should make sure you see the driver's license of the other person. If police are on the scene, they will get this information from both of you and put it in the police report. If they are not there you want to make sure you have basic information about the other person. If someone else did not call the police, you should do so.
Get Other Driver’s Insurance Information
You want to document in writing or with pictures the make, model, color and license plate of the other vehicle. You also should ask for and note down proof of the other driver's insurance. At a minimum, you should get the name and number of the insurance company.
Get Witnesses’ Information
If there were any witnesses to the accident, get their names and phone numbers. You may need statements from them at a later time. You may want to ask them to write down what they saw when they go home so they do not forget any details.
Get the Medical Care You Need
You should receive medical attention. Even if you do not think you have an injury, you want a medical report as soon after the accident as you can get it. If you feel anything in your body, you should mention it to your doctor. If you have medical appointments, be sure to go to them. Do not skip any appointments. It is common for people to think that these appointments are not important, but they are critical. You should follow the advice of those providing medical care.
How Do I File A Claim?
For motorcycle accident claims, depending on who is at fault dictates which insurance company you call.
1. Calling the Insurance Company
If it is your fault, you call your insurance company. If it is the fault of the other person, you call their insurance company. Some people choose to call their own insurance company even when it is not their fault to let the insurance company handle it.
2. Documentation
Once you contact either insurance company, the insurance adjuster gets involved. The insurance companies may have a specific repair company they want you to use, or they may not care. You may need to obtain estimates for the needed repair and you may need to sign a document stating that your documents are accurate.
3. Negotiations
Your insurance company is required by law to negotiate in good faith with you. If it is the insurance company of someone else who was at fault, they do not have to be fair with you. You may find that they drag out the negotiations. The longer they can make it go then the longer they can wait to pay you any money. They are working hard to save money for the insurance company.
4. Settlement
If the insurance company wants to settle before your doctor has signed off on the full extent of your injuries, it is a bad idea for you to agree. Once you agree to a settlement, then you cannot come back later and say that you have other injuries, or they are more impactful than you first realized.
5. Filing a Claim or Filing a Lawsuit
Agreeing to the settlement is you agreeing to that it satisfies your claim. There is a deadline for filing an insurance claim, as well as a deadline for filing a lawsuit. Those deadlines are different based on the state in which you live. You should make sure you understand the rules for your state.
What If I Do Not Have Motorcycle Insurance?
It is always a good idea to have motorcycle insurance to be sure that you have protection and possible compensation if you are in an accident. The rules are different based on each state, but most of them allow those who are uninsured to file motorcycle accident claims against someone else's insurance company if that other person is at fault for the accident.
There may be restrictions on damages for which you are eligible if you do not have insurance. This is true even if the accident is not your fault. If you are going to choose not to have insurance, it is important to understand the rules and regulations for your state. You are legally required to have the bare minimum insurance coverage when you drive a motorcycle. If you do not have that coverage and are in an accident, you could face penalties for not being insured. If you are pulled over by a police officer, you can also face penalties for not having insurance.
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Why Do I Need Motorcycle Insurance?
One of the major reasons why you should have motorcycle insurance is because you are legally required to have it. Another major reason is that if you are in an accident and need to file motorcycle accident claims, you will be able to do so if you have insurance. Motorcycles are not cheap and having motorcycle insurance is one of the best ways to protect your investment.
There are penalties if you are caught driving a motorcycle without motorcycle insurance. If you are caught twice without having insurance, you can lose your car and your registration for your motorcycle. These are pretty stiff penalties for you, but they are there to protect you and others. If you get into an accident and you do not have insurance, the medical bills alone could send you reeling into debt. You may think it's an unnecessary expense, but when you need it, you really need it.
How Do I Know Which Insurance Company is Best?
There are a lot of options for motorcycle insurance, so it is easy to become overwhelmed with the choice. There are some key points to which you want to pay attention. Price may be a big factor for you, so you should request a motorcycle insurance quote to find out how much each one will cost. You also want to look at the options each company offers to you.
You should be smart when you are making decisions about how much insurance you actually need. If you are in an accident and have to file motorcycle accident claims, you will be glad that you did. You also want to understand what type of discounts each insurance company can offer you. Some offer discounts if you have more than one type of insurance with them. Some offer other types of discounts, so you should be aware of any and all discounts for which you may qualify when you are looking for the right insurance for you.
Conclusion
It is easy to look at motorcycle insurance as something you do not need, but I would caution you against that thinking. The hope is that you never need to use your insurance because that would mean you have been in an accident.
However, if you have it, it is there as a security blanket, in the event you ever need it. No one wants to be in a position to have to file motorcycle accident claims, but if you have the right insurance company to protect you, it can make things much easier.