Many people know motorcycles are dangerous but don’t realize that motorcycle rider fatalities increased by 8% and injuries increased by 5% between 2020 and 2021. The most common reason for these deaths and injuries is collisions. Riders are left to pick up the pieces and start the claim filing process in the aftermath of an accident.
If you have never experienced a motorcycle accident, the idea of having to file a motorcycle insurance claim can be overwhelming. The process is unknown, and there are many details to think about. Get something wrong, and you could reduce your recovering amount or bar yourself from recovery completely.
This guide will walk you through the claims process and tell you everything you need to know about filing a motorcycle insurance claim.
Should You File a Claim?
Just because you are in a motorcycle accident or your motorcycle suffers damage does not mean you should automatically file an insurance claim. If you are not at fault and the other driver has insurance, you submit your claim to the driver’s insurance.
However, if no one else was involved in your motorcycle accident, your only option is to file a claim with your insurance company.
Filing a claim doesn’t make sense if your deductible will cost more than the claim. The deductible is the money you must pay before the insurance pays.
It also does not make sense to file a claim if the repair cost exceeds the bike’s worth. You risk the insurance company totaling the bike instead of paying to repair it.
Many states have laws that outline your claim filing deadline. While you have some time, it’s best to not wait when deciding whether or not to file your insurance claim.
Speak With a Motorcycle Accident Attorney
Motorcycle accidents are not like passenger car accidents. There tend to be more physical injuries and an increased debate over liability. Unfortunately, motorcycle riders often face accusations of riding unsafely, which causes the accident.
Speaking with a motorcycle accident attorney can help riders understand their legal rights. You may decide to get motorcycle accident representation to help you pursue compensation for your injuries. Lawyers with experience with motorcycle accidents know what it takes to present a successful claim.
They also have experience negotiating with insurance companies. This could help you obtain the compensation you deserve for your injuries and property damage.
Choosing the Right Attorney
Lawyers are like doctors; they choose a specific area of their field to focus their practice on. You wouldn’t go to a foot doctor for heart surgery. So don’t go to just any lawyer for advice on your motorcycle claim. First, look for a lawyer that practices personal injury law.
Then ask them about their experience with cases similar to yours. Some lawyers specialize in cases where their client is the victim or plaintiff. Other lawyers specialize in cases where their client is the defendant.
Next, ask the lawyer about their experience with complex cases. Some lawyers may focus their practice on simple or easy-to-resolve claims. Others will focus on complex cases that require specialized knowledge.
For example, there were 5,932 riders killed in 2021. Not all motorcycle accident lawyers have experience representing the family or estate in a wrongful death claim.
Gather the Necessary Information
When speaking with a motorcycle accident attorney, they will ask you to gather all the necessary information for your motorcycle accident case. This would include any documentation that will help validate your loss claims. Documents include but are not limited to:
- Motorcycle insurance claim documents
- Pictures and video of the accident and scene
- Motorcycle repair/replacement estimates
- Medical bills
- Proof of loss of income
- Gear replacement cost
- Prescription medications
- Future treatment
- Physical therapy
Non-Economic Damages
In addition to economic damages, there are also damages that don’t have a receipt or bill. These damages present a greater challenge to prove. However, if you can show that they apply to you, you can include them in your motorcycle insurance claim.
- Emotional distress
- Pain and suffering
- Mental anguish
- Loss of life enjoyment
Property Damage
Your insurance claim will likely include property damage. This is the damage to the actual motorcycle. You may file a claim for repair or replacement of your motorcycle.
Depending on the amount of damage to your motorcycle, repair or replacement may not be up to you. Insurance companies will total a motorcycle if the repair costs pass a particular percentage of the motorcycle’s value. At this point, you may decide to not continue with an insurance claim and pay for the repairs out of pocket.
Your motorcycle claim may fall under two types of insurance coverage. If you paid for both coverages, then your motorcycle is fully covered. If you did not, your motorcycle repair claim may or may not be covered.
Collision Coverage
Collision insurance coverage applies when the damage to your motorcycle results from an accident with another vehicle. This includes all collision types, such as front-end, rear-end, or side-swiped. It can also include an accident when you ride your motorcycle and hit a stationary object.
Do not admit fault or responsibility if you file a collision claim with another driver’s insurance company. Even admitting to partial fault can impact your compensation offer.
Comprehensive Coverage
The comprehensive insurance coverage part of a policy will cover damage resulting from something other than a collision. This could include theft, hail, or vandalism. It would include damage to the bike while you are not actively riding it.
This coverage is not always added to insurance policies. So, confirming you have this coverage before you ever need it is best. Otherwise, you may get a nasty surprise when you file your damage claim only to find out it isn’t covered.
Personal Injury
The other portion of your claim could be personal injury. These are the bodily injuries that you or your passenger suffer from the accident.
It could be as minor as scrapes and bruises. In contrast, your injuries could be so severe they require emergency medical services and ongoing treatment.
Seek Medical Treatment
You may not realize right away that you have a motorcycle accident injury. At the time of the accident, adrenaline flows, and you may feel no pain. However, in the days that follow, you may feel increased pain.
Sometimes waiting a few days to file your insurance claim can provide you the time to accurately assess your injuries. However, do not wait too long to seek medical treatment. Some states, like Florida, require you to seek medical treatment within a specified amount of time.
Failure to do so can bar you from recovery. This would leave you entirely responsible for your medical bills.
File a Claim
Once you have the necessary documents and information, you are ready to file your insurance claim. The actual process can vary from one insurance company to the next. It could require you to file online, through an app, or over the phone.
Stick to the facts and stay truthful. Add supporting documentation that validates your claim statements. This could include pictures, video, and repair quotes.
When obtaining your repair quotes, check with your insurance company first. Some insurance companies will only work with specific repair shops. If you fail to go to one of these shops, the insurance company may offer you less money or refuse to cover the repair.
Meet With the Adjuster
The insurance company may want to have an adjuster come out and look at your motorcycle. They will assess the damage and use this to estimate the repair cost. Alternatively, the insurance company may have you obtain a quote from a shop for the repairs.
Receive a Compensation Offer
The insurance company will use your submitted information to calculate a compensation offer. This is the amount of money the insurance company will give you. Generally, this first offer is low.
You need to know how much it will take to make you whole again. Do not accept an offer that is below this number. The insurance company will then come back with another offer.
Go Through Settlement Negotiations
If you do not have a lawyer, you will need to negotiate a settlement offer directly with the insurance company. However, the lawyer will handle these negotiations for you if you hire legal representation. Settlement negotiations are a slow process.
It could take many months before you and the insurance company agree on a compensation number. Working with a law firm with experience in insurance negotiations can help you level the playing field. Remember, the insurance company has lawyers that do these negotiations every day.
Generally, the first offer the insurance company makes is a low one. Remember, you are not obligated to accept a settlement offer. You can make a counteroffer.
However, you need to have the documentation that can justify why you want a higher settlement amount. This is when an experienced lawyer becomes helpful. They will know what type of arguments are the most effective and the type of evidence to validate arguments.
Present Your Case in Court
The majority of claims get settled and do not go to trial. However, a small percentage goes to the next phase, the trial.
Both sides will appear in court and argue their case before the judge. The judge will then rule in favor of one party or the other.
Should you or your attorney successfully argue your case, the judge will award compensation. While this number could be more than what the insurance company offered, there is no guarantee of this.
Submit a Gear Claim
Some motorcycle insurance companies will provide replacement coverage for your gear. They do this to encourage people to wear the appropriate protective gear while riding. For example, if all riders wore a helmet while on their bike in 2017, 749 lives could have been saved.
Check with your insurance company to see if it provides this coverage. You may need to send them pictures of the damaged gear where you show the result of the accident. The insurance company will send you a compensation offer to replace the gear.
Gear eligible for this replacement coverage includes your helmet, jacket, gloves, boots, and suit.
Stay Away From Social Media
While you may want to post about your motorcycle accident on social media, resist the urge to do so. Anything you post on social media can become evidence in your insurance claim settlement or later trial. This includes pictures, posts, and comments that you make.
You don’t want your social media to undermine your claim of property damage or physical injury. This means you should also refrain from posting anything implying the damage or injuries are not as severe as you claim.
Wrongful Death Claim
The death rate for motorcyclists involved in accidents is 24 times higher than for individuals in cars. Should you suffer this unfortunate fate, your family will be the ones to file a claim on your behalf. They will file a wrongful death claim with the insurance company in this situation.
They will need to not wait to file, though. Technically, it is your estate that is the complainant. So the case will need to conclude before your probate or will can go through its process.
File a Motorcycle Insurance Claim
Hopefully, you never experience a motorcycle accident. However, this guide will help you file a motorcycle insurance claim if you do. Start by deciding if you should file an insurance claim.
Once you decide to file a claim, gather the necessary documentation, and start the claims process. In addition, consider speaking with a motorcycle accident lawyer who can advocate for your rights.
Browse our other article for more helpful advice on navigating insurance claims.
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