It’s critical that every motorcyclist knows what to do should they ever get into an injurious accident. Motorcyclists can be at an advantage with their maneuverability on the road. Unfortunately, they’re most definitely at a disadvantage if they’re involved in an accident. Motorcyclists have much less protection on the road than those operating cars or buses.
Unfortunately, the New York State No-Fault law does not apply to operators or passengers of a motorcycle. Therefore, you’ll have to rely on your own private health insurance to cover any medical expenses or lost wages proceeding an accident-related injury, whether you believe you have a claim or not.
If you are a motorcyclist and are involved in an accident at no fault of your own, take these steps to ensure you do have a claim against the at-fault driver:
Your first concern should be your physical health. If anyone needs medical attention, seek it right away. Call an ambulance immediately for transport to a hospital.
- Restrain from arguing or fighting with the other driver. A verbal fight won’t do you any good. Even if you aren’t in an altercation, watch what you say. Don’t admit any sense of fault. If the other driver admits fault, however, try to write down what they say verbatim.
- Contact the police to file an incident report.
- Take photos of the scene with whatever device you can. If you are physically unable to do so, ask any witnesses. Make sure you get their names, phone numbers and addresses for contact. Images should include the position and condition of your motorcycle and the car or bus of the other driver, as well as any skid marks on the road from the accident. Take notes on what happened in the accident if you can.
- All witnesses of the accident may be crucial in establishing liability in a motorcycle accident claim. Ensure that you get every witness’s name, address and phone number. Their testimonial may support your claim or lawsuit. Also, make sure to get the names/badge numbers of the police officers who respond to your incident.
Call your own insurance company. Report the incident. If you believe you have a claim against the other driver, contact a motorcycle accident attorney who practices law in the area where your accident took place.