As a motorcyclist, you know there are risks involved with riding. Distracted drivers, bad road conditions, and vehicle malfunctions can cause accidents. Whether you?re injured in a collision or suffer property damage only, there are several things you need to know. We hear the following questions all the time?know the answers. It will help you to protect your legal rights and navigate the complicated insurance claim process.
Q: Do I need to file a police report?
You should call the police following any motorcycle accident, especially if your motorcycle is damaged or if you are injured. If the police don?t want to prepare a ?formal? report (sometimes the police will not prepare a report if the vehicles are drivable or if you don?t have to go to the hospital in an ambulance), you can usually request that the police prepare an ?informal? report of the accident with the driver, vehicle, and insurance information, as well as the location of the accident. You also can collect information yourself, including contact information for witnesses and other people involved in the accident, photos of the damage to your vehicle and your injuries, and photos or video of the accident scene. Most state Department of Motor Vehicle websites will list the laws describing when a person must report an accident.
Q: What?s the process for getting my motorcycle fixed?
If you have collision coverage on your motorcycle under your policy, you should notify your insurance carrier of the collision and open a property damage claim.?Ordinarily, your insurance carrier will arrange to have your motorcycle fixed and then will seek repayment from the at-fault driver?s insurance carrier (if you were not at fault).?If you have a deductible, you will initially be responsible for paying it, but your insurance carrier will try to recover your deductible.?If you don?t have collision coverage, you should notify the other driver?s insurance carrier that you intend to pursue a claim for the damage to your vehicle.?You will have to work with the other driver?s insurance carrier to get an estimate of the damages to your motorcycle.
Keep in mind that there are differences in pursuing property damage claims through your own carrier, as opposed to that of the person who hit your bike. The policy with your own carrier is actually a contract; the company is obligated to pay you the actual cash value of your vehicle. If you disagree with the amount (you may get a better appraisal from a different carrier), you can present your claim to the at-fault driver?s carrier.?Caution: The at-fault driver?s carrier will often argue that your payment should be reduced because of some claimed fault on your part (whether you were at fault or not).?That is why many people turn the damage claims into their own carrier if they experience resistance on the part of the at-fault driver?s carrier.
Q: Who?s going to pay my medical bills?
It depends on your insurance coverage and the insurance laws in your state.?You may have medical payments coverage under your motorcycle insurance, or you may be entitled to directly submit your medical bills to the other driver?s insurance carrier.?If you don?t have available medical payments coverage under your insurance or the other driver?s insurance, or if you?re unsure, you should provide your health insurance, Medicare, or Medicaid information to your medical providers.
Keep in mind: If your own insurance carrier pays your bills, in many states you are obligated to repay those bills if you recover money damages from the at-fault driver. If you get a settlement on your own, you may not even know that you have an obligation to repay the bills, and you can be caught after the fact owing money.?Medicaid and Medicare will bring a claim for repayment of medical bills if you eventually bring a money damages claim against the at-fault party.?It is for that reason I strongly advise you seek the advice of a qualified personal injury attorney.
Q: The other driver?s insurance company called me. They want me to sign papers, and they want me to record a statement. What should I do?
I recommend that you tell the insurance company you want to talk to an attorney, especially if you were seriously injured. Give the insurance company no other information, and call an attorney who specializes in insurance claims/personal injury cases. Even if your own insurance company wants a statement, it?s best to speak to an attorney before you go ?on the record? to anyone.
Q: What should I do if I was injured in an out-of-state accident?
It?s important to contact an attorney right away, because the laws of the other state may control your rights and your ability to pursue a claim against the at-fault party and dictate who is responsible to pay your medical bills. Insurance requirements vary between states, as do the time limits to file a claim.
Still have questions? Visit these links for more information on what to do after a motorcycle accident and on motorcycle insurance coverage.
Source: http://www.roadrunner.travel/2012/11/16/after-an-accident-what-you-need-to-know/
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