Motorcycle Accident Information I

What Should I do at the Scene of a Motorcycle Accident?

When possible, contact police so that a report may be filed. Collect all identification, insurance information from the parties involved and If anyone refuses to exchange information, this is against the law and we recommend calling the police. Take pictures of damages to all vehicles involved as well as any debris or skid marks in the road. In general, there is an insurance bias against cyclist cases with no witness testimony, so an accident re-constructionist might be advised to confirm liability.

What Should I do After I Have Been in a Motorcycle Accident?

The first thing anyone should do after being in an accident is to go see a doctor. Symptoms of pain and injury may not appear until a few days after the accident, once the body comes out of shock. Always remember, no matter the liable party, health always comes first.

The next step is to notify the insurance companies that you’ve been involved in an accident in order to begin the process of resolving the incident. You will be assigned an adjuster who will take recorded statements and all evidence of the accident. We recommend consulting legal advice before making any recorded statements.

Is There a Time Limit to Seek Compensation Following a Motorcycle Accident?

California vehicular accident related lawsuits normally have a time span of two years to be resolved. This time span is known as the “Statute of Limitations.” A claim against a governmental entity must be filed within 6 months of the date of loss. We recommend contacting your attorney to discuss any Statute of Limitations concerns you may have.

What Happens if My Motorcycle is Totaled?

There are a few ways to resolve the issue of a totaled motorcycle as a result of an accident. The insurance company will pay the fair market value of the motorcycle, either to you or the bank that holds the loan for the motorcycle. Sometimes, clients who have purchased a brand new motorcycle, are left with remainder to pay out of pocket because the fair market value drops significantly on a new motorcycle. Extra insurance can be purchased in case of an event like this to fill the gap of the market value and the loan value; this insurance is known as “gap insurance.”

If you wish to keep your motorcycle in its totaled condition, you may be able to keep it via “retaining salvage” The insurance company will take the original property damage amount, deduct the salvage price of the vehicle from it, and disburse to you the remainder. It is then your responsibility as the owner to notify the DMV of the new “salvage title.” This change of title lessens the resale value of the motorcycle.

While your motorcycle is being repaired, you may be entitled to a rental or “loss of Use” settlement. If you are not at fault, the other party is obligated to provide you with a temporary replacement vehicle or motorcycle while your motorcycle is being repaired. In most cases people are paid a “loss of use” which is a reasonable daily rental value while your vehicle is in the shop. If your own insurance provider offers rental coverage, you may be able to receive a rental vehicle through them. The “loss of use” payment period starts on the date of loss and is completed once the first property damage settlement check has been received.

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