We know you’re as safe as possible when you ride, but no matter what precautions you take, including defensive driving techniques, you are at risk if someone else isn’t paying attention. Negligent drivers cause thousands of motorcycle wrecks on in Florida every year. If this happens to you, you should know what to do after a motorcycle accident.
Work with our motorcycle team at Rubenstein Law to get the best possible outcome. Call us 24/7 at 800-FL-LEGAL or use our online form for a free consult. No costs or fees unless or until you win money. Remote and virtual appointments are available.
Being in a hit and run motorcycle accident can be frightening and frustrating. When you are struck by a vehicle that then drives off, your first instinct may be to follow. However, this could place you in danger or exacerbate your injuries. Remain with your motorcycle and at the scene of the collision.
We recommend collecting information at the crash scene as best you can. If you caught a glimpse of the car, make a note of the likely make, model, color, and other characteristics. Also, write down anything else you can remember about the other vehicle, the motorist, if you saw him or her, and the collision.
Make sure you call the police. Hit and runs are illegal, and you should have a police report filed regarding the incident.
We also recommend you look around for cameras in the area. Traffic cameras or businesses’ surveillance cameras may have caught the accident or the responsible vehicle in the blocks before or after the crash.
You should go to an emergency room or see your doctor as soon as you can after a wreck. Even if you don’t think you were hurt badly, you should see a physician to make sure you don’t have injuries that show up days later like muscle or ligament injuries.
Also, make sure to continue treatment with specialists, physical therapists, and any other doctors so you don’t have a gap in treatment. If the insurance company thinks you don’t need future treatment, they may question your injuries.
In Florida, you must see a doctor within 14 days to be able to get coverage through PIP insurance. This 14-Day Rule can prevent you from getting all of the compensation you need.
When you are in an accident on public property, call 911 to ensure the police and emergency services arrive as soon as possible. The paramedics are necessary to care for anyone injured in the accident. The police will control traffic and conduct a brief investigation into the crash.
You may be nervous, angry, or scared. But what you should do after an accident that was not your fault is remain calm and give your side of the story to the officer. Tell the facts as you remember them, including which direction you were driving, the position of your vehicle, what you noticed, and when and how the other car collided with you.
If you or someone with you has a working phone, use it to take photos and videos of the scene from different distances and angles.
Calmly ask the other driver for their name, contact information, driver’s license number, and auto insurance information. If the other driver is not capable of giving you that information or is not cooperating, then you can gain this information later. Ask for a picture of their driver’s license as well.
If other witnesses to the crash have remained at the scene, then ask for their names and contact information. Ask for a picture of their drivers licenses.
You should keep communication with the other driver and their passengers to a minimum. Do not blame them for the accident or get into an argument. Nothing can be solved at the crash scene.
You may immediately think you did something wrong to lead to the collision. No matter what you suspect went wrong, do not take responsibility. Do not apologize to the other person or admit fault.
What to do after you are hurt in an accident is to seek medical care. We recommend you go to the emergency room right away. Either have paramedics take you or have a friend or relative driver you.
However, we recognize that not everyone has health insurance, or even if you do have an insurance policy, you may not be able to afford the fees with your current deductible. The fear of medical expenses can keep you from obtaining medical care right away. We highly recommend you see a physician within 72 hours of a crash. If you wait any longer, the insurance company may try to use this against you.
When you see a doctor, be entirely honest about how you are feeling. Only by being honest can the physician fully examine and diagnose you.
Florida is a no-fault insurance state. When you are hurt in an accident, you need to notify your own insurance company as soon as possible to pursue compensation under your Personal Injury Protection (PIP).
Your insurance company or the other driver’s insurer may contact you for a statement. You are not required to give an oral or written statement. We advise you to contact an experienced Florida motorcycle accident lawyer before providing any statement.
An insurance company may send you a medical record waiver or settlement offer. Whatever paperwork you receive, do not sign anything until you have spoken with an attorney.
What should you do after being hurt in an accident? Call a lawyer. If you were severely injured in a crash while riding your motorcycle, you might need to pursue a personal injury lawsuit against the negligent driver.
You should get the names, phone numbers, addresses, email addresses, and other relevant information for the other drivers and any eye witnesses to your accident. You can also ask to take pictures of their drivers’ licenses.
Try to obtain the name and badge number of the police officer who responds to your accident as well. This will help when you try to obtain the accident report later.
You should take pictures and videos of your injuries and how they progress. It’s common to have minor bruising immediately after an accident that quickly becomes major soft tissue damage within days. The progression will be important when providing proof of pain and suffering.
Another essential way to document your injuries is with a daily journal. You should write how your injuries are impacting your life and rate your daily pain on a scale of one to 10.
You will receive a lot of documents, including medical bills. Keep all of them in folders and organize them by date. Then, you can easily reference them when talking to insurance companies and your attorney.
You may not be able to go back to work right away after a serious motorcycle wreck. This can be scary because you need to provide for your family. The best way to get compensation for the time you miss from the at fault driver’s insurance company is to carefully document all days missed, including any PTO, vacation, or sick time that you use.
You should get records or statements from your employer about your pay rate or salary as well as time missed. If you’re unable to complete your job duties going forward due to total or partial disability, you should get documentation of that from your employer and doctors as well.
Once you get medical treatment, you should talk to an attorney as soon as possible after a crash. You will need to notify your insurance company as well as call the at-fault driver’s insurance company, but it’s best if you have your attorney take care of this for you.
Don’t sign any agreements or waivers from the insurance company without getting legal advice. Common insurance questions can be answered by the motorcycle team at Rubenstein Law.
Make sure you are truthful with your lawyer. They need to know everything about the accident, even if you think you may have been partially at fault. You can still recover compensation with the help of an experienced attorney.
Even after you retain a motorcycle injury lawyer, there are steps you should take. We highly recommend you:
It’s normal to want to keep your friends and family up to date about your injuries. However, anything you post can be used as evidence in your case. Even if your profile is private, the insurance company can request the information in the discovery process.
If you post that you “were in an accident, but feel fine,” the insurance company may use that against you. Instead, you should verbally update only those people who need to know about your condition and avoid putting anything in writing. Other than that, simply tell people you are treating with doctors and your condition is pending.
You probably kept your bike well maintained before the wreck, and are likely be worried about how to get your bike back to its original condition. Property damage is usually substantial when a car or truck hits a motorcycle, so there’s a chance your bike may even be totaled.
You should research shops on Google and find one that has a high star rating. You can even see customer reviews to make sure they have good service and they are trustworthy. We can also pass along the name of shops where our clients have reported good experiences with their motorcycle repairs.
If you’re not sure what to do after any type of motorcycle crash, contact Rubenstein Law right away. We have decades of combined legal experience that we will put to work for you. Call us today at 800-FL-LEGAL or use our online contact form today.
We are available 24 hours a day, 7 days a week. We want you to be fully informed of your rights and options, so you can make the best decision for you and your family. We look forward to the opportunity to represent you after a motorcycle crash and will fight for you to receive full and fair compensation. Remote and virtual appointments are available. No costs or fees unless or until you win money.