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After a motorcycle accident, the steps you take now lay the groundwork for your physical and financial recovery. The crash itself was chaotic, but your actions from this point forward can bring order and protect your future.
The key is to document everything and contact a Long Island motorcycle accident attorney to safeguard your claim.
First Steps To Take After a Motorcycle Accident
Even if it was a minor wreck, seek medical attention. Some injuries take days or even weeks to appear. Contact a personal injury lawyer to learn about a path to compensation. Then, take these steps to protect your rights.
1. Report the Motorcycle Accident to Your Insurer
You must notify your insurance company about the crash. Many policies have a strict deadline for reporting an accident. When you call, provide the basic facts of the incident. Stick to the who, what, when, and where. Don’t speculate on fault or give a detailed statement about your injuries.
Simply inform them that a crash occurred and you’re seeking medical care. Then, direct them to your lawyer for any additional communications.
2. Get a Copy of the Police Report
The police report is a key piece of documentation that contains the officer’s initial observations, information exchanged at the scene, and sometimes an initial finding of fault. You can usually get a copy from the police department that responded to your accident.
This report is valuable when dealing with insurance companies. It provides an official account of the incident. Review the report for accuracy and note any mistakes.
You have a limited time to get the report from the local police. Precincts only keep collision reports on file for 30 days. If more than 30 days have passed, you have to request the report from the New York Department of Motor Vehicles (DMV).
Here are your options for getting the report within 30 days:
- Online Portal: You can get the collision report online at the NYPD’s Collision Report Retrieval Portal.
- In-Person: Visit the police precinct that responded to the accident scene to pick up a copy. You’ll need to bring two filled-out copies of the official request form.
- Mail: You can also mail the completed request forms to the precinct.
3. Start a File for All Your Documents
To keep your paperwork organized and accessible after your motorcycle wreck, create a dedicated folder for everything related to it. This simple action will help you stay on top of the details.
Include these items in your file:
- Medical Records: Keep all bills, receipts, and reports from doctors, hospitals, and physical therapists.
- Proof of Lost Income: Collect pay stubs and a letter from your employer showing the time you missed from work.
- Repair Estimates: Get written estimates for the damage to your motorcycle.
4. Document the Details of Your Motorcycle Accident
Evidence is the foundation of a successful motorcycle accident claim. The more you document, the clearer the story of the crash and its effects on your life. Your phone is one of your most powerful tools, so take pictures of your injuries after the wreck and photograph them as they heal, too.
Your memory of the accident fades over time. Write down a detailed account of what happened as soon as you can. Describe what you were doing right before the crash. What did you see the other driver do? No detail is too small. Include the location, the time of day, and the weather.
A personal journal is a compelling way to document how your injuries affect your daily life. It provides a human element that medical records alone cannot capture. Write in it regularly, describing your physical and emotional pain.
Note any challenges you face with daily tasks. Record sleepless nights, feelings of anxiety, or the frustration of not being able to do things you once enjoyed.
5. Preserve Evidence From the Crash
The physical evidence from a crash tells a powerful story. Your damaged motorcycle and riding gear are part of that story. Don’t repair your bike or throw away your damaged gear yet.
Take pictures of your motorcycle from every angle, showing all the damage. If your helmet, jacket, pants, and boots were damaged, photograph them as well. This visual proof shows the force of the impact.
Dealing With the Insurance Company After a Motorcycle Accident
After your motorcycle accident, an insurance adjuster will contact you. They work for the insurance company and are trained to protect the company’s bottom line. Their goal is to limit how much money the company pays you.
Insurance adjusters use specific tactics to devalue your claim. Understanding these common traps helps you protect your rights. This is a business negotiation, and the adjuster isn’t on your side.
Be Careful What You Say
The adjuster may seem friendly and concerned, but every conversation is a negotiation. They’re listening for anything you say that they can use to deny or reduce your claim. Avoid small talk and stick to the basic facts.
Don’t apologize for the accident or say things like, “I’m feeling a little better today.” Adjusters can twist these innocent comments to suggest you admitted fault or that your injuries aren’t severe.
The adjuster may push you to give a recorded statement about the motorcycle wreck. You’re not obligated to provide one. Politely decline this request, as they often ask confusing or leading questions to get you to say something that hurts your case.
Stay Off Social Media
Insurance companies frequently hire investigators to search social media profiles. They’re looking for photos, videos, and comments they can use to argue that your injuries aren’t as serious as you claim. An innocent post can be easily taken out of context.
For example, a picture of you smiling at a family dinner could be used as “proof” that you’re not in pain. A comment about going for a short walk could be twisted to suggest you’re fully mobile. Even old photos that friends tag you in can create confusion and doubt.
Make all of your social media profiles private immediately. Don’t post any updates about your accident, health, or activities. Ask your friends and family to refrain from posting photos of you or tagging you in posts until your claim resolves.
Don’t Accept the First Offer
The quick, lowball settlement offer is one of the most common insurance traps. The adjuster may contact you soon after the accident with what seems like a reasonable amount of money.
Initial offers rarely account for the total cost of your recovery. This includes future medical treatments, physical therapy, and the full extent of your lost income. Accepting a quick payout is tempting, but it’s a gamble.
Once you sign a settlement release, you give up your right to ask for more money for this accident. If your injuries turn out to be more serious than you first thought, you cannot reopen the claim.
Don’t Sign Away Your Rights
The insurance company will likely send you a stack of forms to sign, including a medical authorization release. This document seems standard, but it’s a trap. It gives the adjuster broad access to your entire medical history.
They’re not just looking for records related to the accident. They’re searching for any pre-existing conditions or old injuries. They may try to argue that your current pain or medical issues are from a previous problem, not from the motorcycle accident.
You only have to provide medical records relevant to the injuries from this specific crash. Don’t sign a blanket medical release. A lawyer can help you provide the insurance company with only the necessary medical information.
Understand New York’s Motorcycle Accident Laws
New York’s insurance laws for motorcycles are different from those for cars. New York’s no-fault insurance system doesn’t cover motorcycles. This means you must prove the other driver was at fault to get compensation for your medical bills and other losses from their insurance.
New York also uses a pure comparative negligence rule, which means you can still recover damages even if you were partially at fault for the accident. Your percentage of fault simply reduces your compensation.
For example, if you are found 20% at fault, your final compensation amount is reduced by 20%.
How a Lawyer Helps With Your Motorcycle Accident Case
A motorcycle accident lawyer acts as your advocate, managing the legal aspects of your claim so you can focus on healing. They handle the complex parts of the process for you, protecting your rights every step of the way.
Investigating the Crash
A lawyer digs deep to uncover all the facts of your accident. They gather evidence, including surveillance footage, police reports, and witness statements. They work to build a strong foundation for your claim by piecing together how the accident happened.
Your motorcycle accident lawyer uses the evidence to prove negligence, which is the foundation of your claim.
Calculating Your Full Damages
A lawyer helps you understand the true value of your claim. They look at all your losses, including current and future medical expenses, lost wages, and damage to your motorcycle. They also consider non-economic damages, like pain and suffering.
Handling All Communication
Your lawyer becomes the point of contact for the insurance companies, handling all the phone calls, emails, and paperwork. This stops the insurance adjusters from contacting you directly and trying to pressure you into a low settlement.
Negotiating a Fair Settlement
Lawyers are skilled negotiators who use evidence to argue for the maximum compensation possible. They counter the insurance company’s attempts to downplay your injuries or blame you for the crash. Attorneys know what a fair offer looks like and what is too low based on the facts of the case.
Representing You in Court
If the insurance company refuses to offer a fair settlement, your lawyer can take your case to court. They’ll file a lawsuit on your behalf and represent you throughout the legal proceedings. This shows the insurance company you’re serious about getting the compensation you’re owed.
FAQ for What To Do After a Motorcycle Accident
How Is Fault Determined in a Motorcycle Accident?
Fault is determined by looking at the evidence to see who was negligent. Evidence includes the police report, witness statements, photos of the scene, and traffic camera footage.
New York’s comparative negligence rule means that even if you’re partially at fault, you may still be able to recover compensation, but your percentage of fault will reduce your award.
What Do I Do After a Motorcycle Accident if I Wasn’t Wearing a Helmet?
New York law requires all motorcycle riders and passengers to wear helmets. If you weren’t wearing one, you may be found partially at fault for your head injuries. However, you can still pursue a claim for other injuries.
Don’t assume that you don’t have a case if you weren’t wearing a helmet. Contact a motorcycle accident lawyer to learn about your options.
How Long Do I Have To File a Claim in New York?
In New York, you generally have three years from the date of the motorcycle accident to file a personal injury lawsuit. For wrongful death claims, the deadline is two years from the date of death. If your claim involves a government entity, you have only 90 days to file a notice of claim.
Since these rules are complex and there are some exceptions, contact a personal injury lawyer immediately to protect your claim.
What Is My Motorcycle Accident Claim Worth?
The value of your claim depends on several factors, including the severity of your injuries, your medical expenses, your lost income, the damage to your motorcycle, and your pain and suffering. An attorney can help calculate the full value of your losses.
What Should I Do if the Other Driver Was Uninsured?
If the at-fault driver is uninsured, you may be able to file a claim under your own Uninsured Motorist (UM) coverage. This is a part of your own motorcycle insurance policy and protects you in these exact situations. A lawyer can help you file a UM claim.
Let Our Family Fight for Yours
The road to recovery after a motorcycle accident can be long, but you don’t have to travel it alone. You need a guide who knows the way and can light the path to justice.
Finz & Finz, P.C. has helped riders across New York, from crashes on the bustling streets of Manhattan to collisions on the parkways of Mineola, get back on their feet. For a free consultation to discuss your case, call personal injury lawyer today at (516) 433-3000.
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Finz & Finz, P.C. is a New York and Long Island personal injury law firm based out of Mineola, NY. It was founded in 1984 and is highly rated, with many honors and awards of excellence.
