6 Things that Might Affect Your Motorcycle Accident Claim Case

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There are many factors to consider when you’re involved in a motorcycle accident. You might be injured, so immediately consider medical expenses and time away from work. There may be property damage to your bike or other cars, which will probably require repairs or replacements. Depending on the circumstances, you may even need to find a personal injury attorney to pursue a claim for damages. Every motorcycle accident is different, but some general considerations apply to almost every case. Knowing these potential influencers can help you make informed decisions sooner rather than later after an accident. 

Here are six things that may affect your motorcycle accident claim case:

1. The Police Report

Police officers are required to make a report every time they respond to an accident. Different names in different states know accident and collision reports, but they all have the same purpose: to record what happened. These reports are helpful in your case for a couple of reasons. 

First, they can help you gauge the amount of damage to your bike and what repairs will be needed. Second, they can help you determine if you have a viable claim. The report may mention who was at fault for the accident and what factors contributed to the wreck. If you have an accident and decide to pursue a personal injury claim, you should request your accident report.

2. The Responsible Party

Even if you were not 100% at fault for the accident, you might still be able to pursue damages against one or more parties. Depending on the circumstances, you may be able to sue the driver who hit you, the owner of the car, or both. If you were in an accident with a vehicle, you might be able to claim the person responsible for the automobile. However, if you were hit by a car, the vehicle’s owner may not have enough insurance coverage to cover your medical bills and other damages. That’s where the driver’s insurance comes into play. 

3. Witnesses and Evidence

As soon as possible, write down the names and contact information of any potential witnesses to the accident. If they’re nearby, try to ask them to describe or take pictures of how the accident unfolded. You can still try to obtain witness statements even if they’re not nearby. Depending on the circumstances and severity of your accident, there may have been other drivers or pedestrians nearby. If so, they may have seen the accident and can provide helpful information. This information can help you determine who was at fault for the accident and what factors may have contributed to the wreck. Learn more about motorcycle accidents here.

4. Your Health and Recovery Timeline

Be honest with yourself and your healthcare team about how much time you might need to recover. This will help you avoid falling behind on bills and missing work. Your insurance may provide some benefits while you’re out of work. These include temporary partial disability payments and medical payments. You’ll likely also qualify for long-term disability benefits if you need ongoing care after your initial injuries heal. You can use these benefits to help compensate for lost income while recovering. 

5. The Value of Your Bike

Most motorcycle insurance policies have a clause that allows the company to total your bike if it requires extensive repairs. That being said, each company has its criteria for counting a bike. If your motorcycle is destroyed, the insurance company will pay out the bike’s value at the time of the accident. This value is based on the Kelly Blue Book motorcycle or NADA motorcycle value guide. This amount will likely differ from what you paid for the bike or its current value.

6. The Condition of the Roadway

If your accident occurred on a frequently traveled roadway, you might be able to file a claim against the state or municipality. However, it may be worth discussing the matter with a personal injury attorney first. While you can file a claim for damages independently, this litigation can be complex and challenging. You may be able to obtain more than just damages if you work with an attorney. The state or municipality may be willing to make improvements or repairs on the road where the accident occurred. If your accident happened on a road that is in disrepair, you might be able to file a claim against the government. 

Conclusion

In almost every motorcycle accident, some factors will affect your claim. Some of these include the police report, the responsible party, insurance coverage, witnesses and evidence, your health and recovery timeline, and the condition of the roadway.