Motorcycle Accident Claims in Massachusetts: A DIY Guide
Motorcycle accidents—nobody wants to think about them when the warm weather returns and you're ready to feel the pulse of the road under your wheels, but they do happen. Successful insurance claims depend on correctly completing several interdependent steps. We wrote this simple guide to help you confidently handle your accident claim and identify when you need professional help.
Your First Steps Right After a Motorcycle Accident:
Your first priority? Safety. Remove yourself from future danger, and despite the chaos, try to stay calm; what you do next is critical.
Call the Police: Call 911 immediately. Getting a police report makes a big difference in your claim. Even if you must visit the police station, document the accident with the police.
Collect Contact Details: Exchange contact and insurance info with the other driver(s) and any witnesses and get as much detail as possible.
Take Photographs: Detailed photos and video of the scene, the damage, and any injuries are key. You can't document too much.
Notify Your Insurer: Make the call that same day as soon as you've spoken with the police, taken photos, exchanged contact info, and gotten yourself to a safe place.
See a Doctor: Some injuries don’t show up right away, so getting checked out ASAP is crucial to tying your injuries to the claim and receiving compensation. Go to an urgent care clinic or the emergency room if you cannot see your doctor as soon as possible but no later than 72 hours after the accident.
Why These Steps Are Non-Negotiable: Real-Life Examples
You Don't Document the Scene: Picture this: You didn't take photos because it was raining, and you just wanted to get home. When it's time to prove the extent of the damage to you and your motorcycle, you have nothing but your word. Not ideal, right?
You Don't Get a Medical Evaluation: Let's say you felt fine and skipped the doctor, only to wake up shortly after the accident, unable to turn your head. Linking that neck pain to the crash gets trickier without a doctor's visit right after the incident.
You Don't File a Police Report: Let's say you think the accident is pretty minor. The police don't come to the scene; you don't go to the station, or the other driver(s) convince you not to file a report. Severe damage to a vehicle can be hard to spot. For example, some bumpers hit at very low speeds require total replacement. Without a formal police report, the other driver might tell a different story when you finally file a claim. It's much more work to prove your side of the story.
You Don't Call Your Insurance Company Soon Enough: Your insurance might have a policy that requires you to report an accident within a specific timeframe. If you miss this window, they may refuse to cover your claim, leaving you to foot the bill for repairs and medical expenses.
Skipping any of these steps hurts your case and can delay getting it resolved at all, let alone in your favor.
Dealing with Insurers About Your Motorcycle Accident Claim
After you report your accident, you'll have to speak with your insurance agency a few times. Knowing what evidence you'll need and what steps to take in which order matters.
Understand the Declaration Page: This page is a snapshot of your coverage, detailing your deductibles and limits. Reviewing your policy helps you anticipate how much you might have to pay out of pocket.
File Your Claim: Initiate the claim as soon as possible. As we mentioned earlier, some policies contain timers and deadlines for filing a claim for it to be covered.
Submit Your Information: Provide your insurer with all collected information, including police reports, photos, witness statements, contact information, and medical records.
Maintain Good Records: Keep detailed records of all conversations with your insurance company. Document the date and time of the call, email, or text. Record the name of the person you spoke with and a summary of your conversations.
Stay in Communication: Don't ghost your insurance company. For example, let's say you want to repair your motorcycle before the insurance adjuster sees the damage. A quick conversation could reveal you're not covered if repairs are not preauthorized.
Be Patient but Persistent: The wheels of insurance claims turn slowly. Repairs, medical treatments, and negotiations with insurers take time. Check-in politely, patiently, and regularly.
Using Appraisals and Mediation: If you disagree with the amount of your motorcycle accident reimbursement, you have options. Massachusetts law allows you to seek an independent appraisal or enter into mediation to resolve the dispute.
Navigating Motorcycle Accident Repairs and Replacement
Understanding your repairs and replacement rights can simplify the process and save you money.
You Can Choose Your Repair Shop: While you have the right to choose your repair shop, using one within your insurer's approved network might come with benefits, such as streamlined billing and warranties on the repairs.
You Should Know How Insurers Calculate a Total Loss: In Massachusetts, a vehicle is considered a total loss if the cost to repair it exceeds its actual cash value. Knowing how your insurer calculates this value can prepare you for negotiations and deciding whether to accept a total loss settlement.
DIY Massachusetts' Insurance Resources
Massachusetts offers a wealth of information and assistance. These resources are here to guide you through making your claim, resolving disputes, and explaining your rights and responsibilities under state law. Here are two places you can go to get help if you have a motorcycle accident.
Office of Consumer Affairs and Business Regulation (OCABR): Here, you'll find guidance on insurance rights and help resolve insurer disputes.
Massachusetts Division of Insurance: They make sure insurers comply with laws and regulations that protect consumers. They'll also help you understand your rights, what your policy covers, and how to kickstart the claim process if you need to.
Professional Help: Knowing When It's Time to Hire a Personal Injury Attorney
There are 3 big reasons to consult with a Personal Injury Attorney.
If you're hitting roadblocks with your motorcycle accident claim
If there are serious injuries or significant damages
If you're considering suing the at-fault driver
If any of these situations sounds like you, consulting with an attorney experienced in Massachusetts Motorcycle insurance law is the right thing to do. They can negotiate on your behalf, hold everyone involved accountable, and make sure you get you the compensation you deserve.
Additional Protections: Uninsured and Underinsured Motorist Coverage
Making sure you're covered if an accident involves a driver without enough insurance (or none at all) is smart. Here are two options for additional coverage for you and your loved ones.
UM Coverage: Protects you if you're hit by an uninsured driver, covering medical expenses and, in some policies, property damage.
UIM Coverage: Steps in if the at-fault driver's liability limits are too low to cover your total damages, providing you with additional financial protection.
Smooth Riding Through Rough Times: Mastering Motorcycle Accident Claims
Mapping out the twists and turns of a motorcycle accident claim in Massachusetts doesn't have to be a solo ride through uncharted territory. Equip yourself with knowledge, lean on available support, and stay vigilant on your journey to resolution. Here's to keeping your spirit of adventure alive, even in the face of challenges, and ensuring you're back on the open road with the wind in your face as soon as possible.
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Disclaimer: This blog article is for informational purposes only and should not be considered a substitute for formal legal advice from Attorneys Jim and Steve Brady and Associates P.C. Please consult a qualified professional for personalized advice tailored to your specific needs.