Your action immediately after a motorcycle accident can make or break your motorcycle accident case. Don’t make a mistake that could cost you money. Learn what to do and get it right the first time.
1. Take Safety Precautions, Check for Injuries, and Call for Help
The immediate priority after any accident is ensuring your safety and the safety of others at the accident scene.
Your top priority needs to be preventing further injuries and addressing any immediate emergencies. Follow these steps:
- Check yourself for injuries: Be careful and thoughtful. Adrenaline can mask pain or discomfort.
- Avoid Removing Your Helmet: Keep your helmet on unless you need to remove it. It could be protecting against a potential head injury.
- Move to Safety: If you can and it’s safe to move, get yourself and your motorcycle out of traffic. Find a safe spot close to the accident scene.
- Turn Off Your Motorcycle To prevent additional hazards, such as fuel leaks or electrical issues.
- Assess Your Surroundings: Check your surroundings for other dangers, like oncoming traffic or environmental hazards.
- Help Others: If it’s safe, check on the well-being of others involved in the accident.
- Do Not Move Anyone with a Serious Injury: Avoid moving anyone severely injured unless there is an immediate threat to their safety (like a fire or traffic that can’t be stopped). Moving a severely injured person could worsen their condition.
- Call 911: Always call 911 if there are any injuries, significant damage to vehicles, or road hazards caused by the accident. Provide the operator with your exact location and a brief description of the incident.
2. Document Everything You Can at the Scene of the Accident
Document the scene of motorcycle accidents for success with any potential insurance claims or legal actions.
- Take Photos: Get pictures now because the opportunity to take them will soon disappear. Take photos of the vehicles, the other driver(s) license, skid marks, traffic control signs, and damage to property from various angles, capturing the overall layout, road conditions, and all other vehicles involved.
- Exchange Information: Exchange contact and insurance information with the other driver(s), including names, addresses, phone numbers, insurance company names, and policy numbers.
- Gather Witness Details: If there are witnesses, including passengers, collect their names and contact information. What they saw will be important later.
- Make Notes: Write down or record a voice memo about what happened while it’s fresh in your mind. Include details like
- The direction you were traveling
- The speed
- Weather conditions
- Any actions you or the other driver took before the crash.
3. Report the Accident
Washington State law requires you to file a collision report within 4 days of the accident.
Make this collision report as soon as possible to ensure that the information from the accident is documented while that information is fresh and accurate.
You also must report any accident involving injuries, death, or property damage over $700 to the Department of Licensing.
You can get a collision report form from local police, sheriff, or Washington State Patrol.
If a law enforcement officer investigates the collision, they will file the collision report for you. You can get a completed copy of any form filed for your accident from the Washington State Patrol.
4. Seek Medical Attention
Don’t put off getting medical treatment, thinking the pain will go away. Even if you don’t believe you are injured, take the time to seek treatment from a doctor to document the extent of your medical concerns.
Medical care is important because you will have a better chance of recovering well and with less pain.
Medical care is also good for your claim. Insurance companies evaluate claims by considering the amount and type of medical care. Good medical care documents your injuries. If you don’t get enough medical care, the insurance company will not believe you are hurt.
- Visit a Doctor: Go to an emergency room or your doctor as soon as possible. Injuries like internal bleeding or concussions may not show immediate symptoms.
- Keep Records: Maintain a file of all medical reports, receipts, and prescriptions. These documents are essential for your claim.
- Follow Medical Advice: Follow the prescribed treatment plan. This supports your recovery and strengthens your claim.
Personal Injury Protection
You may be entitled to have reasonable and necessary medical care paid for in the final settlement. However, your entitlement to a final settlement is not the same as getting the bills paid on time.
Most doctors expect timely payment of medical bills. Use your motorcycle insurance’s personal injury protection (PIP) or medical pay coverage to keep the bills current. Otherwise, use your health insurance or the other driver’s insurance. Or see if your attorney can arrange a medical lien with the doctor to defer payment.
If you fail to get the medical care you need, your health and the value of your claim will suffer. Get in the habit of advising the doctor of your problems each time you see them. Insurance Companies evaluate personal injury claims based on medical records. If you don’t get your medical problems written down in the medical records, the insurance company won’t believe you have problems.
In addition, PIP coverage may pay you a partial wage loss while recovering. Read your insurance policy to find out what benefits you have. You may also be entitled to past and future wage losses at the final settlement with proper documentation from your doctor and employer.
5. Review and Contact Your Insurance Company
Find and review your insurance policies. You may have more than one. Look for your driver’s coverage, the other driver’s coverage, umbrella, credit card, and homeowner’s policies. Get the policies and review them. Get legal help if you need it.
You need to notify your insurance company soon after an accident. Here’s how to handle it effectively:
- Notify Them Promptly: Contact your insurance provider as soon as possible after the accident. Delays can complicate your claim.
- Provide Details: Share the basic facts of the accident, including the date, time, location, and a brief description of what happened.
- Avoid Admissions: Do not admit fault or provide more details than necessary during the initial call. The investigation will determine the details and the fact finder will determine the fault.
- Document the Interaction: Keep a record of whom you spoke with, the date and time of the conversation, and any important points discussed.
Your Insurance Companies Might Have You Asking Questions
Questions such as:
- Why is the insurance company giving me the runaround?
- Why is insurance information so difficult to understand?
- What are the insurance limits of liability?
- Who pays the medical bills?
- Should I give a recorded statement?
- What do I do if the motorcycle accident is a hit-and-run or caused by a drunk driver?
- Will the insurance company pay me?
The Good News About Your Insurance
Insurance companies pay money to injured persons if you present them with an organized and convincing claim for your losses.
Look for all available policies that may apply. The other driver’s liability insurance, one of your insurance policies, or the insurance of other responsible parties.
Depending on the facts and the insurance policy, insurance may protect the policy owner, drivers with permission, passengers, family members, pedestrians, accident victims, and others. Many policies contain some or all of the following coverage.
Read your policy and discover the insurance policy of the other driver to see what coverage you have:
- Medical payments: for accident-related medical and treatment bills.
- PIP/personal injury protection: Personal Injury Protection (PIP). Be glad if you have this coverage. This optional insurance covers the insured’s medical, hospital, and funeral expenses within a policy’s specified limits, passengers in the vehicle, and pedestrians struck by the insured. In Washington State, you can choose $10,000 or $35,000 limits. Payment is limited to the specified amount per person within either 1 or 3 years of the covered accident. Read your policy. PIP can also include:
- Income Continuation: recovers lost wages for up to a year. 85% of your weekly income up to $200 per week or $700 per week (whichever is less).
- Substitute Services: help to perform household or other tasks due to motorcycle accident injuries. $40 per day / $200 per week / Max $5,000 / Up to a Year from the Incident.
- Funeral Expenses: $2,000.
Liability Insurance
Liability insurance is insurance protection against your legal fault.
Washington State law requires that all drivers have liability insurance. Individuals involved in motor vehicle accidents (MVAs) can be held legally at fault and thus financially liable for the consequences of an accident, including property damage, injuries to passengers and drivers, and fatalities. Severely injured persons or families of fatality victims may seek damages in civil court, often for well over the value of insurance.
Liability insurance protects the insured if they are at fault. Liability insurance pays injured persons for their bodily injury and property damage up to the amount of the specified liability coverage.
Collision Insurance
Collision insurance is optional insurance coverage for an insured vehicle involved in an accident and is subject to a deductible. It provides payments to repair the damaged vehicle or pays the vehicle’s market value if that value is less than the estimated repair bill.
Comprehensive Insurance
Comprehensive insurance coverage, subject to a deductible, pays for an insured vehicle damaged by incidents not considered a collision. For example, fire, theft (or attempted theft), vandalism, weather, or impacts with animals are types of comprehensive losses.
UM/UIM Insurance
Uninsured/underinsured Motorist coverage (UM/UIM) provides coverage for the insured if an at-fault party either lacks insurance (UM) or does not have enough insurance (UIM). This is optional insurance coverage. It is wise to buy UM/UIM coverage.
Excess/Umbrella Insurance
Excess/umbrella insurance coverage is optional. It provides an extra layer of insurance coverage if there is insufficient underlying insurance to compensate the injured.
The Bad News About Your Insurance
Most insurance adjusters consider it their job to pressure or charm you into settling too early for less than a fair amount. It is the insurance adjuster’s job to build a case against you, and they will actually ask you to help them do this, even if the motorcycle crash is not your fault.
Be wary if they want a recorded statement, ask you to load their app on your phone, or ask you to sign their forms. They are looking for information to lower the value of your case. They can and often will
- Hire private investigators to spy on injured persons
- Hire aggressive attorneys
- Every time they talk with you, they are evaluating your injuries.
- Not pay you if they think they can get away with it
If they offer you money, chances are that your claim is worth more.
If your insurance company demands full subrogation (return of their money when you settle with the other insurance company), watch out. The amount they demand may not be correct.
Unscrupulous insurance adjusters are the number one reason injured persons hire attorneys.
If You Don’t Have Insurance
Driving without insurance is a against the law.
However, if you didn’t get a ticket and are not at fault for the accident, then it is likely:
- You may or may not get a ticket in the mail
- You should buy insurance for the future.
- You can still collect from the at-fault driver if he has insurance or assets.
If the other driver is at fault and has no insurance, then they need to have lots of assets, or you need to have your own UIM coverage. Otherwise, recovery from them may be difficult and amount to nothing.
6. Consult with Seattle Motorcycle Accident Attorneys
Seeking legal advice from Seattle motorcycle accident attorneys can significantly impact the outcome of your claims and ensure your rights are protected. Here’s why consulting personal injury lawyers is beneficial:
- Seattle motorcycle accident lawyers understand the laws and can help you navigate the complex claims process.
- Dedicated motorcycle accident attorneys can help identify all sources of compensation, including medical expenses, lost wages, and pain and suffering.
- Seattle motorcycle lawyers are skilled in negotiating with insurance companies, so you receive fair treatment and compensation.
- Most Seattle motorcycle accident attorneys work on a contingency basis, meaning you don’t pay unless you win your case.
Consulting with lawyers early on helps safeguard your interests and can substantially improve the support and compensation you receive. Contact us for a free consultation today.
7. Keep a Journal
It will take time to settle your case or go to court. Memories fade; details slip away.
Keep an accurate journal of important information. Record things such as the doctor’s names and appointment dates. Write down important conversations about how you feel and limitations in daily activities.
Do not put anything in that journal you wouldn’t want the insurance company’s lawyer to see.
Pain, Suffering, and Inconvenience
Pain, suffering, and inconvenience are essential to a personal injury case. They are general damages and can be a big part of your money recovery in the right circumstances. Physical and mental discomfort caused by the accident are pain and suffering. Loss of enjoyment of life, including the inability to enjoy fully pre-accident activities such as your daily routine, sports, hobbies, sex, and relationships with friends, are also part of pain and suffering.
Keep a record of how your injuries affect your life in your journal. Be smart about what you put in that diary. It may become evidence in your case.
Common Mistakes Motorcycle Riders Must Avoid After Motorcycle Accidents
It’s easy to make mistakes that can adversely affect your insurance claims or legal proceedings. Here are some key pitfalls to avoid:
- Not Documenting the Scene: Failing to take photos or gather enough information can weaken your case.
- Admitting Fault: Even casual remarks like “I’m sorry” can be interpreted as an admission of liability.
- Neglecting Medical Care: Skipping a medical check-up can jeopardize your health and imply your injuries were not serious.
- Speaking Directly to Other Parties’ Insurers: This can lead to statements and misstatements that they can use against you in your claim.
- Accepting Quick Settlements: Quick offers may not fully cover your long-term needs and losses.
Stay Away From Social Media for the Duration of Your Claim
Be careful. All your social media posts need to be consistent with your claims about your injuries and how the accident affects your life.
Many cases have been ruined by posting pictures and making statements on social media that hurt the value of your claim. Plan on having the insurance company’s lawyer viewing all your social media, private or not.
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FAQs – What to Do After a Motorcycle Accident
What if I get a ticket?
Do not admit fault. Sign the ticket, decide what you’ll do—pay or fight—and understand the difference between criminal and civil law.
- Criminal law—The police write tickets for infractions or violations of criminal statutes. Tickets are between you, the police, and maybe a judge or jury.
- Civil law—Civil law does not involve traffic tickets. It is used to get fair compensation and, if necessary, to sue a person who has injured you. Civil law generally does not involve the police, although if the police investigate an accident, they may write a report that will be of some interest in a civil case.
An accident can involve both criminal and civil law. For example, if someone rear-ends you, they may get a ticket from the police for violating a traffic law – and their ticket will be handled in the criminal courts. In addition, you may sue them in civil court for your losses due to that same accident.
Here’s why it makes a difference. Some things that happen in criminal court can be used in civil court; some cannot.
- If you pay the ticket or otherwise plead guilty, the other party can use this against you in a civil case.
- If you fight the ticket and lose, this can be used against you in a civil case.
- If you plead “nolo contendere” and pay the ticket, this cannot be used against you in a civil case.
- If you fight the ticket and win, either side can use this in the civil case.
What if someone sues me?
If you have insurance, your policy obligates you to inform your insurance company if you are sued for a motorcycle accident.
You should do it! Your insurance company will provide you with an attorney, but only up to the limits of your liability policy. Their attorney will likely not help with traffic tickets.
If you have no insurance – Get legal advice about how to proceed.
Who is at fault in an accident?
Comparative fault is the law in Washington State
Fault for a motorcycle accident may rest with one party, such as in a typical rear-end collision. If you were rear-ended, the other driver is likely entirely at fault and liable for 100% of your damages.
In other circumstances, fault for an accident may be apportioned between responsible parties on a comparative negligence basis. Comparative negligence means that if you are 30% at fault, you will hope to be paid for 70% of your damages and owe the other party 30% of their damages.
Proof of Fault
Fault is about what happened and who can prove it. For example, was the other driver distracted and on their cell phone? If so, can you prove it? Fault and proof of fault are two different things.
You collect proof by investigating your claim completely: take photos, gather physical evidence, send for police reports, consult an expert, and take witness statements. If fault might be questioned in your case, be sure you can prove your version of how the accident happened by a preponderance of evidence. If you need legal help, get it.
A Rear End Accident is Different than an Intersection Collision
Fault/negligence is sometimes easy to prove, such as in a rear-end collision. However, intersection collisions, red light running, he said / she said scenarios, and other situations raise interesting questions. Who did what? Who said what? What will responsible drivers admit to? Are there witnesses or police reports? Fault questions need answers.
Driver’s License Suspension
In Washington State, if the at-fault driver injured someone or caused at least $700 in damages and is uninsured, then the injured person can have the Department of Licensing suspend the driver’s license of the uninsured at-fault driver or uninsured registered vehicle owner.
So, if the other driver is the at-fault driver, and they have no insurance and no assets, and if you don’t have UIM coverage of your own, then you can make that at-fault driver ride the bus until they figure out how to pay you. Here is the link for WA State Licensing: License Suspensions- Failure to Pay Accident Damages.
What is your motorcycle worth?
Insurance companies are obligated to repair or replace your motorcycle at their option:
- If your motorcycle is totaled, then you are entitled to fair market value for your car. Market value is measured by blue book values, the sale price of similar motorcycles, etc. A little homework here will save you some money.
- If your motorcycle can be repaired for less than its market value, then repair is the insurance company’s likely choice. Get a good shop to do the work, and do not sign off until you are happy with the repair job. If you wish, you can get the money for the motorcycle damages but not repair your motorcycle.
What else needs to be done? Get a good set of pictures to help prove your case before you let the evidence disappear.
The amount of money you should be paid for your motorcycle and other property damage from the other guy’s liability insurance also depends on:
- who is how much at fault, and
- the cost to repair or replace the vehicle (whichever is less).
The amount of money you should be paid for your motorcycle and other property damage from your insurance company if you have collision and comprehensive coverage is the amount of your market value loss.
Who owns your motorcycle? Some riders own their motorcycles, and some don’t; instead, the bank or finance company owns them, and these people make the payments.
If the motorcycle is owned by the bank or finance company and it’s totaled, the bank probably has a lien, so they get paid first, and you get paid your equity second. You have no equity if you owe more on your motorcycle than it’s worth. Instead, you are underwater with it. If you total an underwater motorcycle, it could be that you lose the motorcycle, plus you owe your bank the difference between what you can get the insurance company to pay and what you owe. It’s harsh but true.
