For as long as motorcycles and automobiles have shared the road, drivers of automobiles simply do not see motorcycles as easily as they see other cars. One can only assume that is due to the size of a motorcycle versus a car or that drivers are just predisposed to looking for other cars. For whatever reason exists, car drivers frequently violate a motorcycle’s right of way, causing the rider of the motorcycle to suffer serious injuries. As one can imagine, when a 3,000-4,000 pound car strikes a motorcycle, the bike rider will likely be thrown violently from his bike onto the concrete pavement, possibly sustaining injuries that will last a lifetime.
It may already be too late, but you should always call the police to come to the scene of the accident. In most situations the dispatcher for the police will ask if anyone has been injured in the accident, and if you say no, there is a good chance they will not send an officer to the accident scene. The reason we suggest you have a police report made is because the person who caused your accident may tell you at the accident that he/she was sorry for causing the accident, but later tells their insurance company that they are not really sure they caused the accident. That is why you want the police to get the other person’s version at the scene, so if they later try to change their story you already have their original story contained within the police report.
You should always contact your own insurance company as soon as possible, following the accident. They will set-up your insurance claim and assist you in getting your motorcycle repaired or replaced. They will also assist you in obtaining a rental while your motorcycle is in the shop or while you are waiting for a check to replace you motorcycle. Make sure to get photographs of your motorcycle before it is repaired. Also, if you have the opportunity while at the accident scene get photographs of the other person’s vehicle.
In certain settings, such as if you have no rental coverage on your own insurance policy, then you will need to contact the other person’s insurance company in order to set-up a rental. There will also be times when they contact you directly. When talking to the other insurance company, do not permit them to take a recorded statement. It is certainly necessary in some cases that you need to call them, but it is never necessary that you give them a recorded statement.
If you are injured in your accident, you may need to obtain medical assistance. When obtaining medical assistance always provide the medical providers with your health insurance information. In some settings the health providers may ask for your motorcycle insurance information, to see if they can bill your motorcycle insurance instead of your health insurance. This can occur when your own policy includes medical pay coverage, which covers your medical bills for treatment of injuries sustained in an accident. Only provide your health insurance to those medical providers because you may need to use your motorcycle insurance medical coverage later to pay you for all your deductible and copay expenses. Why should you ever be out-of-pocket for medical expenses, for an accident that you didn’t cause.
Always follow the advice of your doctors. Be proactive in obtaining the medical care you need for the injuries you sustained in any accident.
It is the job of our firm to obtain for the injured motorcycle rider compensation for the medical bills incurred, any loss of earnings that may take place and most significantly, compensation for the impact the injuries have on the person’s life for as long as they are suffering from that injury, which may be for the rest of that individual’s life.
In order to ensure that we protect all of the bike rider’s rights, our firm will obtain copies of the police report generated because of the accident, visit the accident site with the client, contact all witnesses and if necessary, obtain experts to ensure that the motorcycle riders rights will be protected.
If you have been involved in a motorcycle accident, please contact our Carlsbad motorcycle accident lawyers for a free legal consultation, to find out about your rights. There is no fee for the initial consultation and no fee will be payable unless we are successful in obtaining compensation for you.