OFF THE WIRE
Published by
By John Sherman
The National Highway Traffic Safety Administration (NHTSA)
states that 88,000 motorcyclists were injured in 2015. Since
motorcycles do not have the enclosed protection that cars have, personal
injuries and fatalities are unfortunately common. Should a motorcycle
accident occur, knowing how to protect yourself is essential. But even
if you have not been in an accident, it can be helpful to understand the
laws and insurance guidelines as they apply in your state.
What to Do If You Have Just Been in a Motorcycle Accident
1. Call the police
First, you should call 911 or the police directly. The police will
gather the necessary information to file a report, which will be
required to file an insurance claim. This report can also be helpful in
court if you are moving forward with a personal injury lawsuit.
2. Seek medical treatment
Even if your injuries are minor, you should still seek medical
treatment. You may have sustained internal injuries or a concussion that
is not immediately apparent. Also, when you are evaluated by a medical
professional, your injuries will be documented. This documentation can
be valuable evidence for any litigation.
3. Do not admit fault
Assigning fault in an accident will differ based on the state where you
live. Regardless of your location, you should stay neutral at the scene
and never admit fault. This is not to say that you should not be
truthful, but you also do not want to jeopardize your case by admitting
blame.
4. Document everything
This includes:
ï Recording the contact and insurance information of the other driver
ï Taking pictures of the motorcycle, surroundings and landmarks
ï Making note of any witnesses, their names and contact info
The more information you provide the insurance company and your lawyer, the better.
5. Report the accident to your insurance company
Let your insurance provider know you were in an accident as soon as
you can. Be prepared for them to ask you for information related to the
accident so they can begin the claims process. Remember not to admit
blame, but be truthful to the insurance company. If they find that you
misled them, they could potentially deny your claim.
6. Avoid talking with representatives from other drivers’ insurance
It is not uncommon for representatives from the insurance companies for
the other drivers to try to contact you to ask questions. They are
skilled in what they do, especially when it comes to asking questions in
a way that may benefit their company. It is advised that you do not
have contact with these representatives until you have discussed the
matter with your attorney.
7. Speak with an attorney
It is recommended that you take advantage of the free initial
consultations that are typically offered by accident and personal injury
attorneys. They will be able to give you clear answers on how you
should proceed based on the specifics of your case.
Filing a Motorcycle Accident Claim in a Fault State
A fault state means that if you are a driver who has been in an
accident, you have three options when it comes to filing a claim. These
include:
Filing a claim with your own insurance company
Filing a claim with the other drivers’ insurance company
Filing a lawsuit against the other driver
According to The Claims Journal 21
states follow the 51 percent Bar Rule. This rule states that a damaged
party cannot recover losses if they were 51 percent or more at fault.
The damaged party can recover is they were 50 percent or less at fault,
but the recovery would be reduced by its degree of fault.
Filing a Motorcycle Accident Claim in a No-Fault State
A no-fault state means that if you are in a motorcycle accident, you
must file your claim with your own insurance provider regardless of
whose fault the accident was. In order to file a personal injury claim
in a no-fault state, you must show that you suffered a serious injury as
a result of the accident or have resulting medical bills that exceed
$2,000. Depending upon the specifics of your case, you may also receive
compensation for lost wages and emotional damages.
Motorcycle Helmet Laws
In some states, drivers over 18 are not required to wear a helmet.
Despite this, not wearing a helmet could negatively impact any lawsuit
you try to bring should you be in an accident. For example, if you
suffer head injuries but were not wearing a helmet, your personal injury
award may be much less than if you had been wearing a helmet even
though there is no law requiring you to do so. In other states, all
motorcycle drivers and passengers are required to wear a helmet that meets minimum requirement safety standards.. Failure to wear a helmet can significantly impact any lawsuit you file with the courts.
Insurance Requirements
Motorcycle insurance is not required in some states. However, if you
choose not to purchase insurance, you must prove that you are
financially responsible through a state-specific filing. It is advised
that you purchase motorcycle insurance so that you are covered in the
case of an accident. Certain states require motorcyclists to buy
compulsory liability insurance coverage, which pays for the other
drivers’ medical expenses, vehicle repairs, and other costs in the case
of an accident.
Statute of Limitations
Every state will have different terms relating to how long a person has
to file a motorcycle accident claim. It is important to check that the
statute applies to both personal injury and vehicle damage claims.
John Sherman is
a leading motorcycle accident attorney in New Hampshire. His firm
applies more than 24 years of defense experience to help motorcyclists
recover the much-needed compensation they deserve after a serious
accident.
