From annual bike rallies and groups of friends getting together to solo riders, Florida is a great place for motorcycles. The weather is almost always sunny and temperatures rarely dip cold enough to affect motorcycle riders. Unfortunately, the sheer number of motorcyclists also means higher accident rates.
While the causes of motorcycle accidents can vary, most are caused by automobile drivers not paying attention. If you’re involved in a motorcycle accident, do you know what you should and shouldn’t do? The steps you take following an accident can impact your ability to recover compensation for your damages.
What You Should Do After a Motorcycle Accident
Immediately after the accident, try to move to safety. Injuries can be severe and moving your bike may be impossible. If you can’t move to a safe location, like the side of the road or a parking lot, stay in one place until the authorities arrive. Here are a few other steps you should take following the accident.
Report the Accident
Florida has strict laws when it comes to reporting traffic accidents. If property damage exceeds $500 and there are injuries or fatalities, the accident must be immediately reported to the authorities.
If you wait to report the accident or leave the scene, you may be facing a hit-and-run charge. Fines and penalties can be steep. You may also not be able to file a claim, even with your insurance company.
Reporting the accident also documents the incident. You’re going to need a copy of the accident report to file a claim, as this is something the insurance company is going to request before processing and reviewing the claim.
Collect Evidence
If your injuries don’t require immediate medical attention, like a ride to the hospital in an ambulance, try to collect some evidence. This doesn’t mean breaking out a crime scene kit; instead, try to leave this for the experts. Instead, you want to take some pictures of the damage to your bike. If you have visible injuries, go ahead and take a few pictures.
Most accidents are witnessed by others, which can be other motorists or someone walking down the sidewalk. Get their contact information. Your attorney will want to take their statements to help support your version of the events.
You can also exchange information with the at-fault driver, but only if you feel that it’s safe. Emotions and tempers can run high after an accident and sometimes it’s best to keep your distance.
Make an Appointment with a Physician
Motorcycle accidents tend to result in serious injuries requiring immediate medical attention. However, some only result in some contusions, cuts, and other minor injuries. Even if your injuries aren’t serious, it’s still a good idea to make an appointment with a physician. You can have internal bleeding or injuries to vital organs.
You also need copies of your medical records if you’re listing injuries as damages on your insurance claim. Besides, it’s always a good idea to be proactive about your health.
Track Expenses Relating to the Accident
Along with proving the accident occurred, this is supported by the police report, you also need to support your listed damages. In other words, you can’t list random damages, you must provide actual proof. This is usually accomplished with bills and receipts, so it’s a good idea to save everything relating to the accident—you never know what may be important.
Tracking your economic damages like medical costs and property repair/replacement is fairly easy. However, it’s a little different when it comes to your non-economic damages. If you’re planning on filing a third-party insurance claim, you can include your non-economic damages. This is different from the claim you file with your insurance provider. Your insurance typically only covers most of your economic losses.
Since your non-economic damages don’t come with bills or receipts, your attorney will use either the multiplier or per diem method to calculate the value. Keeping detailed notes of your pain and suffering throughout your recovery can make it easier to calculate non-economic losses.
What You Shouldn’t Do After a Motorcycle Accident
Remembering what not to do after a motorcycle accident isn’t always easy. A lot is going on and you’re probably a little dazed after the crash. Thankfully, what you shouldn’t do after an accident is relatively easy to keep in mind.
Don’t Admit Fault
Florida is a no-fault state—but don’t forget about filing a third-party claim. How Florida’s insurance laws work can seem a little complicated.
You start by filing a claim with your insurance provider, which should cover part of your economic expenses. You’ll probably still have outstanding expenses, and this is normal in accident claims.
After settling with your insurance provider, you can file a third-party claim against the at-fault driver. The claim is for your remaining damages, and it’s also when you can list your non-economic losses. This is also when admitting fault can hurt your compensation claim.
By admitting fault, you may be giving up your right to file a third-party claim. The at-fault driver’s insurance company can view this as an admission of guilt and deny your claim.
Don’t Give a Statement to the At-Fault Driver’s Insurance Adjuster
Don’t be surprised if you’re contacted by the at-fault driver’s insurance company before you have a chance to file a claim. This is normal, and if you’re wondering how the insurance company tracked you down, your information is directly listed in the police report.
The insurance adjuster may ask you to give a statement about the accident. Politely refuse and refer the insurance adjuster to your attorney. If you haven’t retained legal counsel, now’s a good time to get started.
Let an Attorney Help Settle Your Motorcycle Accident Claim
Hopefully, you’re never in a motorcycle accident. However, if you are, it’s always a good idea to work with an experienced accident attorney.
Your attorney can help you navigate Florida’s confusing insurance laws and file claims with both your and the at-fault driver’s insurance companies. They can also help ensure you receive fair compensation for your damages.
