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If a motorcyclist is injured or killed due to a negligent driver, it is important that he/she receives compensation for pain and suffering, property damage, medical bills, lost wages, and more. The immediate events that occur after an accident, however, can effectively determine the amount and scope of compensation for damages incurred.
After an accident, always call 911 for police and paramedics, and even if the personal injury doesn’t seem that bad, go to a doctor immediately (and don’t wait for an insurance adjuster to choose a doctor). A delay in medical care could hurt the case.
Speaking of delays, the motorcyclist should notify his/her insurance company as soon as possible, as creating a timely paper trail shows responsibility and avoids the defense that the motorcyclist is “faking” for a big insurance payout. At the same time, don’t sign or give a statement to the insurance company before speaking with an attorney. If the insurance company is not offering a fair settlement (an attorney can objectively determine what a fair settlement would be), or in cases of severe injury or death, Arizona motorcyclists can sue in tort.
Before the claim goes to court, consider the following:
- Obtain pictures of personal and property damage
- Record names and contact information of crash witnesses
- Preserve damaged personal property (don’t fix the helmet, bike, or clothing worn during the accident)
- Be complete and truthful about all pain and other symptoms with the doctor, and meticulously archive all medical bills and other documents
- Maintain an accident file containing papers, receipts, and any other documents related to the crash
- Keep an accurate record of lost wages
- Keep a “Pain and Suffering” diary
- Exercise caution about posting information on Social Media
