Nobody wants to get in a motorcycle accident.
But the reality is you could be hit at any time. That’s why it’s critical to be prepared and know what you should do — and not do — after an accident.
Riders who make a few innocent mistakes right after an accident can end up losing thousands of dollars.
Don’t let that happen to you.
Below are the 7 most common mistakes people make after a motorcycle crash — and exactly how to avoid them.
Table of Contents
Table of Contents
- Fault Matters
- Who To Call
- The Claim Process
- Emergency Room
- Insurance Payments
- Social Media
- At-Fault Determination
- Accident Report
- Safety Equipment
Fault Matters
As the driver or passenger of a motorcycle, you are already at a disadvantage.
Motorcycles account for just 3% of registered vehicles, yet they make up 15% of all traffic deaths.
Insurance companies are well aware of the disparity and they treat motorcycle accident cases differently. In fact, their entire investigation process is designed to try and find ways to deny your claim or reduce the amount they pay you.
Who To Call
If you’ve ever had to deal with an insurance company after an accident, you know that it’s a nightmare.
Insurance companies are bottom-line businesses. Their entire process is designed to pay you as little as possible.
That’s why you need an attorney on your side who has experience in motorcycle accident cases. A Little Rock motorcycle accident attorney can begin protecting your rights immediately after the accident and before you accidentally say or do something that could hurt your claim.
The earlier you call an attorney, the greater your chance of getting full and fair compensation for your medical bills, lost wages, motorcycle damages, pain and suffering, and permanent disability.
The Claim Process
When you file a claim, the insurance company will open a file and assign an adjuster to your case.
The adjuster is a trained professional whose job is to limit how much they have to pay you. Insurance adjusters work for a profit-driven business that has a direct interest in reducing and contesting claims whenever possible.
You, on the other hand, are just trying to get back on your feet and make a full recovery from a devastating motorcycle accident.
Emergency Room
After an accident, you’ll need to see a doctor for a full evaluation of your injuries. This might seem obvious, but many motorcycle accident victims skip the hospital visit.
Some might feel fine after the crash and don’t think it’s necessary. Others will go to the hospital to be evaluated, but won’t follow through with the doctor’s orders.
Don’t make this mistake.
As part of the claim investigation process, the insurance company will scrutinize your medical records and emergency room visit. They are looking for reasons to deny or minimize your claim.
By not going to the hospital, you’ve just handed them the perfect excuse to deny your claim: “you weren’t injured” or “you’re injuries weren’t serious enough to warrant medical treatment”.
Insurance Payments
Insurance companies know riders are strapped for cash and they prey on that fact. That’s why it’s so common to see riders trying to negotiate a settlement themselves and end up accepting a lowball offer from the insurance company.
Don’t fall for their tactics.
Insurance adjusters are skilled negotiators whose job is to pay out as little as possible.
They know motorcycle accident victims need the money quickly and they’ll try to take advantage of that. The first offer the insurance company makes is almost always low. They know you probably deserve more but they’re betting you don’t know the full value of your case and that you’ll settle quickly for cash.
But here’s what they don’t tell you: you might not know the full extent of your injuries right away. Motorcycle accidents can cause catastrophic damage that takes weeks or months to become fully evident. Once you sign a settlement offer, you can’t go back and ask for more money.
Don’t rush it. Have a lawyer review the offer first. Don’t just accept the first offer the insurance company makes.
Social Media
Social media has become a nightmare for personal injury lawyers. Insurance companies have entire departments dedicated to monitoring social media for accident victims.
Insurance adjusters are trained to look for evidence that accident victims are faking their injuries or are not as hurt as they claim. They comb through every post, photo, and comment accident victims make on social media. And they’re looking for anything they can use to get out of paying a claim.
Your first instinct after an accident might be to post on social media. You want to tell your family and friends you’re okay or let them know the accident wasn’t your fault. The insurance company will see that too.
The best advice? Don’t use social media at all until your claim is settled. If you must, follow these rules:
- Do not post anything about the accident or your injuries
- Do not discuss your treatment or physical therapy
- Do not share photos of yourself or “fun” check-ins
Set all your accounts to private.
At-Fault Determination
Fault matters. A lot.
Insurance companies have entire departments dedicated to figuring out who’s at fault for an accident.
If it was your fault, the insurance company won’t have to pay a claim. That’s how much they care about who caused the accident.
Fault is determined by state law and it can be a complicated process. The adjuster will look at the evidence from the accident, speak with witnesses, and use special software to analyze the crash scene.
The adjuster will then write up a detailed report of their findings, including why they believe the other driver or rider was or wasn’t at fault. This is called an at-fault determination.
In many cases, the adjuster will make a determination on their own. In more complex cases they might bring in a third-party consultant to help them decide.
Accident Report
You should get an official accident report from the police or insurance company.
Accident reports are your friend. They contain the official record of what happened, including basic information about the vehicles involved, road conditions, and weather.
Accident reports also contain the officer’s opinion on who caused the crash. This is called an “accident assignment” and it’s very important.
If you don’t get an accident report, try to get a written statement from the police officer. The sooner you do this, the better. Reports and statements become more difficult to get a few days after the accident.
Safety Equipment
You should be wearing safety gear whenever you’re on your motorcycle. It can literally be the difference between life and death.
Motorcycle helmets can reduce your chance of death by 37%. Gloves can help you maintain control of the handlebars, especially in bad weather. High-visibility vests and jackets can make it easier for other drivers to see you.
Wearing the proper safety equipment can also help your case if you get in an accident.
Insurance companies are looking for reasons to deny your claim. If you aren’t wearing a helmet or other safety gear, they can use that against you to try and deny your claim.
The Bottom Line
Motorcycle accidents are a stressful, chaotic, and traumatic experience.
The last thing you need is to make some simple, avoidable mistakes after an accident that cost you thousands of dollars. With 34% of fatal crashes involving speeding, the risks are real and serious.
Hopefully, you won’t have to deal with a motorcycle accident. But if you do, remember these 7 deadly mistakes and exactly how to avoid them.
The insurance companies have teams of attorneys, investigators, and adjusters on their side. You need someone on your side too.
Get in touch with a Little Rock motorcycle accident lawyer right away to discuss your options.
We can help
Most motorcycle accident lawyers work on contingency. That means you don’t pay unless you win.
