How to File a Claim After a Motorcycle Accident
Motorcycle accidents can be traumatic, both physically and emotionally. In the aftermath, it’s crucial to understand how to protect your rights and make you receive compensation for damages.
If you’ve been in a motorcycle accident in Texas, filing a claim involves several key steps. At Steve Brannan, Attorney PC in Odessa, Texas, we’re here to provide support after an accident. Here, we’ll discuss how to file a claim after a motorcycle accident in Texas, what you need to know about insurance laws, and how to work through the legal system.
Immediate Steps to Take After a Motorcycle Accident
Your first priority after any motorcycle accident is safety and medical care. Once you’re safe, begin gathering evidence to support your claim. You should begin by:
Call 911: Report the accident and request emergency medical services if needed.
Move to safety: If you're able, get out of harm’s way.
Exchange information: Get names, addresses, phone numbers, insurance info, and license numbers from all involved parties.
Collect witness information: If there are any witnesses, record their names and contact details.
Take photographs: Document the scene, vehicle positions, damages, skid marks, road signs, and injuries.
Don’t admit fault: Even if you feel partially responsible, don’t admit fault. Simply stick to the facts.
Seek immediate medical attention: Even if you feel fine, see a doctor. Some injuries take hours or days to appear.
Prioritizing your safety, seeking immediate medical attention, and meticulously documenting the scene are crucial initial steps after a motorcycle accident to protect your well-being and strengthen your claim.
Texas Motorcycle Accident Laws
Texas follows a fault-based system for traffic accidents. This means the person responsible for causing the accident is liable for damages. Among Texas motorcycle laws are:
Comparative negligence rule: Under Texas’s modified comparative fault rule, you can recover damages only if you’re less than 51% at fault. If you’re partially responsible, your compensation will be reduced by your percentage of fault.
Helmet law: Riders under 21 must wear helmets. Riders over 21 may ride without a helmet if they complete a training course or carry insurance. However, not wearing a helmet could influence liability or compensation in a claim.
Minimum insurance requirements: Texas requires drivers and motorcyclists to carry minimum liability insurance of:
$30,000 for bodily injury per person
$60,000 for total bodily injury per accident
$25,000 for property damage
Understanding Texas's fault-based system, comparative negligence rule, helmet law, and minimum insurance requirements is essential for motorcyclists involved in accidents to protect their rights and pursue fair compensation.
Gathering Evidence for Your Claim
Evidence is essential for proving liability and calculating damages, so begin collecting information immediately after the crash. Types of evidence to collect include the police report, which should detail officer observations, witness statements, and any citations issued. Medical records are also crucial, as they document all treatment related to the accident.
Additionally, gather photos and videos from the accident scene, capturing vehicle positions, damage, and any injuries sustained. Obtain repair estimates for your motorcycle and any other damaged property. Witness statements, particularly from neutral third parties, can also provide valuable support for your claim.
Finally, seek out surveillance footage from nearby businesses, traffic cameras, or dash cams, as this can offer an objective perspective of the incident.
Filing an Insurance Claim
After collecting evidence, you’ll file a claim with the insurance company—yours, the other party’s, or both. If the other driver was at fault, you'll file a third-party claim with their insurer. If the other party is uninsured or you have coverage like collision or uninsured motorist (UM/UIM), you'll file a first-party claim with your own insurance.
To file, first notify the insurance company, providing basic information such as the date, location, and parties involved. Next, provide documentation by submitting your photos, medical records, and any other supporting documents.
Finally, you’ll receive a claim number, which will be your reference for all future correspondence. Be honest, detailed, and consistent in your descriptions, and always request written confirmation of any communication with the insurer.
Dealing With Insurance Adjusters
Once your claim is opened, a claims adjuster will investigate on behalf of the insurance company. They may visit the accident scene or inspect your motorcycle. They may also request a recorded statement and will analyze police reports, medical bills, and repair estimates.
When dealing with adjusters, be polite but cautious. Avoid giving recorded statements without legal advice, and don’t sign anything or accept a settlement until you're sure of the value of your claim. Insurance adjusters aim to minimize payouts. If you feel pressured or are offered a lowball settlement, consult a lawyer.
Assessing Damages and Determining Liability
There are two primary types of damages in a motorcycle accident claim: economic and non-economic. Economic damages are quantifiable financial losses, including medical bills, lost wages due to inability to work, the cost of motorcycle repairs or replacement, transportation costs related to your injuries, and future medical expenses if ongoing treatment is necessary.
Non-economic damages are non-monetary losses that compensate for the personal impact of the accident. These can include pain and suffering, emotional distress, loss of enjoyment of life due to the injuries, and disfigurement or scarring.
Establishing liability for these damages involves reviewing all available evidence and applying Texas’s comparative negligence laws. Liability might be clear if the other driver was engaging in negligent behavior like speeding, texting, or driving while intoxicated. In more intricate cases, experts such as accident reconstructionists may be utilized to help determine fault.
Medical Documentation and Treatment Records
Medical documentation is vital for proving injury severity and connecting injuries directly to the accident. You should keep records of ER visits, ambulance reports, surgery and specialist records, physical therapy documentation, prescription records, and psychological therapy notes (if claiming emotional distress).
It’s important to continue treatment as prescribed, as gaps in medical treatment can weaken your claim.
Filing a Personal Injury Lawsuit
If settlement negotiations fail, you may choose to file a civil lawsuit. This usually happens when fault is contested, the insurer denies your claim, or you suffer significant injuries or losses.
The lawsuit process typically involves a complaint being filed in court, followed by the defendant being served. This leads to a discovery phase, which includes the exchange of evidence and depositions.
Afterward, negotiations or mediation may occur. If no agreement is reached, the case may proceed to trial. Most cases settle out of court, but having the option to go to trial gives you leverage.
Statute of Limitations in Texas
In Texas, the statute of limitations for personal injury claims is generally two years from the date of the accident. If you miss this deadline, you likely lose your right to sue. Exceptions exist in limited circumstances (e.g., if the injured party is a minor), but they’re rare.
Tips for Maximizing Your Claim
To maximize your claim after a motorcycle accident, it's crucial to act quickly and file your claim as soon as possible. Thoroughly document everything, including keeping a daily journal of your pain, treatment, and how the injuries impact your daily life.
Additionally, be mindful of your online presence by staying off social media, as insurers may monitor your posts. When dealing with settlement offers, remember that initial offers are usually low, so avoid accepting the first one. Finally, consistently follow all medical advice; incomplete treatment can significantly undermine your case.
Common Pitfalls to Avoid
To avoid jeopardizing your claim after a motorcycle accident, steer clear of common pitfalls such as admitting fault at the scene or to insurance adjusters, delaying medical treatment, failing to report the accident, posting about the crash on social media, and not consulting a lawyer for serious injuries. These missteps can damage your claim and reduce your compensation.
Filing a claim after a motorcycle accident in Texas involves multiple steps, legal considerations, and documentation requirements. While the process can seem overwhelming, understanding your rights and following the proper procedures can help you recover compensation.
Contact an Experienced Personal Injury Lawyer
If your injuries are serious or liability is contested, don’t hesitate to seek legal advice. Our experienced attorney, Steve Brannan, represents clients in Texas, including Midland, Big Spring, Pecos, Andrews, and throughout communities in West Texas. Call Steve Brannan, Attorney PC today.