Motorcycle Accident Claims: What Is Different?

A motorcycle crash can be treated differently from a typical car accident, both medically and in the claims process. Here are some of the reasons.

Injuries are often more serious

Riders have little protection compared with people in cars, so injuries such as fractures, road rash, spinal injuries, and head injuries are common. More serious injuries usually mean higher medical bills, longer recovery, and more time away from work, all of which matter in a claim.

Bias and assumptions

Insurance companies and sometimes jurors carry assumptions about riders, such as that motorcyclists are reckless or were speeding. A rider who was following the law may still have to work harder to show it. Evidence such as witness statements, traffic camera footage, and photos of the scene can matter a great deal.

Fault can be disputed

Common claims in these crashes include a driver who did not see the motorcycle, made a left turn in front of it, or changed lanes without looking. The other side may argue the rider shared the blame. In many states, a person who is partly at fault can still recover something, but the amount may be reduced by their share of the blame. In some states, being too much at fault can bar a claim altogether.

Helmet and equipment questions

Helmet laws differ by state. Where a helmet was not worn, whether legally required or not, the other side may argue it made the injuries worse. How that argument is treated depends on state law, so it is worth asking a licensed attorney how it works where your crash happened.

Insurance coverage

Coverage can be complicated. Your own policy may include uninsured or underinsured motorist coverage, medical payments coverage, or other protection. If the other driver had little or no insurance, those options may matter.

What helps

• Medical records that connect your injuries to the crash
• Photos of the bike, the road, and the scene
• Names and contact information for witnesses
• The police report
• Keeping the damaged gear and the bike, if possible, until you have been told they are no longer needed

This article is general information, not legal advice. Laws on fault, helmets, and insurance differ by state, and every crash is different.