What You Should Know before Filing a Motorcycle Accident Claim

Bikers take on serious risks every time they hit the open road in California. While motorists are expected to remain vigilant behind the wheel, there are many who put others’ lives at risk by being negligent or reckless. With little to no protection in a collision, it’s often those in the saddle who suffer the consequences.  

If you’ve found yourself in this unfortunate situation, it’s important to understand what lies ahead. In this article, we’ve compiled a few tips for building a personal injury claim after a motorcycle accident: 

Any Mistakes You Make Could Hurt Your Claim 

When you file a personal injury claim, you should expect the insurer to look for any reason to reduce your payout or deny you compensation. Depending on the amount you are seeking, the claims adjuster might put your life under a microscope, scrutinizing every action from your social media activity to your work life.  

Common errors can include posting about the accident on Facebook, deviating from your treatment plan, or failing to track your damages. A skilled personal injury attorney can advise you of common mistakes and explain how to sidestep these errors. 

You Will Need Strong Evidence 

The success of a motorcycle accident claim often hinges on the strength of the evidence you are able to gather. If you don’t have enough proof to support your case, you’ll leave the door wide open for disputes, upping the chances that your claim will be denied.  

To make sure you have the right ingredients to build a convincing case, you should conduct a comprehensive investigation into the wreck and gather the necessary proof to demonstrate liability and damages. Evidence that might play a role in your case could include: 

  • Surveillance camera recordings 
  • Dashcam footage
  • Eyewitness statements
  • Pictures of the accident scene
  • Cellphone records
  • Expert witness deposition 

Proceedings Might Take Longer than You Expect 

In an ideal world your claim would be resolved overnight, but this is rarely—if ever—the case. Some cases can drag on for weeks, months, or even years, so it’s important to be patient while your claim is pending. Rushing into settlement negotiations before you’ve had a chance to assess your damages, or have reached maximum medical improvement, could leave you at risk of accepting an offer that falls short of covering the full extent of your losses.  

You Should Always Visit the Doctor Even If Your Injuries Don’t Seem Serious 

If you haven’t undergone a medical assessment, you should do so immediately. Skipping this important step can lead to disputes, sinking your claim before negotiations have even begun. The insurer, for instance, may argue that you failed in your duty to take reasonable measures to mitigate damages as you didn’t seek treatment within an acceptable timeframe after the wreck. Alternatively, they might assert that you suffered your injuries in a different incident as the date of your assessment doesn’t correlate with the date of the collision.  

Discuss Your Case with a Motorcycle Accident Attorney in California 

At HPIL, we understand how challenging it can be to pick up the pieces in the aftermath of a serious motorcycle wreck. We’re here to help guide you through the weeks ahead, providing compassionate and aggressive legal representation at each step of proceedings. Dial 1-800-GO-HARRIS or jump to our contact page HERE to arrange a free case review with a California motorcycle accident attorney.