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How to File an Insurance Claim for a Motorcycle Accident

How to File an Insurance Claim for a Motorcycle Accident

The fun and freedom motorcycle riders experience is unmatched on the roadways of New York. Sadly, however, motorcycle riders and their passengers are the most vulnerable on the road and often suffer catastrophic injuries and death because of the actions of others.

When motorcycle riders are the victims of such accidents, they can seek compensation for their injuries and losses.

New York Insurance Law and Motorcycles

Before filing your motorcycle accident claim, it is important to know that New York is a no-fault insurance state — but not for motorcycles.

No-fault means motorists can seek certain compensation for their injuries without proving who was at fault. No-fault also means that motorists involved in accidents will seek compensation initially from their own insurance company.

However, motorcyclists are not covered under New York’s no-fault law. Hence, motorcycle accident victims must seek compensation from sources other than a no-fault insurance policy, such as their own policy or the liability insurance policy of the driver who hit them.

Steps for Filing an Insurance Claim After A Motorcycle Accident

After a motorcycle accident, there are specific steps you should take to collect compensation for your losses. Following these steps will help ensure that you receive any money you are entitled to in a timely fashion.

Document the Crash

After a crash, you will need evidence to back up your compensation claim. Take photos and video footage of the accident scene if you are able, and get shots of your injuries as well. This evidence will be helpful during negotiations. You should also get the contact information of witnesses and the other driver’s personal details.

Seek Medical Attention

If you have been in a motorcycle accident, you should seriously consider seeking immediate medical attention, even if you don’t feel you need it. You may be unaware of an injury that can only be initially detected by a healthcare professional.

Also, failure to seek medical attention can lead to the exacerbation of an injury and can leave an opportunity for the defense to cast doubt on the injury’s cause and initial seriousness.

Speak with a Motorcycle Accident Lawyer

If your goal is to get as much compensation as possible, you will want to speak with an experienced car accident lawyer early on. The sooner you get an attorney involved, the more likely you will be to get maximum compensation.

With a motorcycle accident lawyer representing you, you will not run into any surprises or make mistakes with legal and insurance paperwork. Your attorney will handle everything for you while keeping you informed of the progress of your case.

Leave the Insurance Companies to Your Attorney

After a motorcycle accident, the insurance company handling your claim may reach out for a statement or offer you a settlement. If it does, you should refuse to accept any offer and inform the adjuster that your attorney will be handling all future communications.

Insurance company adjusters are notoriously adept at convincing accident victims to settle for less than they deserve. They are also skilled in using a victim’s words against them to reduce or deny their claim. For this reason, motorcycle accident victims are better off letting their attorneys do the talking.

File a Lawsuit

If your attorney and the insurance company fail to come to an agreement, your attorney will likely suggest that you file a lawsuit to compel the insurance company to pay. If a lawsuit is on the table, you can expect the timeline for your case to lengthen considerably.


Once a lawsuit has been filed, discovery will begin shortly. Discovery is the process of collecting and exchanging evidence for a lawsuit. For example, depositions, which are for the purpose of recording witness testimony, are a part of discovery.


During discovery, it is common for the parties to come to a settlement agreement. However, if they do not, then the case will go to trial. At trial, a judge or a jury will determine how much compensation, if any, the defendant should pay.

Call to Speak with a Motorcycle Accident Lawyer Today

If you are interested in pursuing maximum compensation for a motorcycle accident, it is essential that you follow certain steps. Meeting with an experienced motorcycle accident lawyer is one of the most important.

At Silberstein, Awad & Miklos, we fight hard to get our motorcycle accident clients every penny of compensation they are entitled to. If you need hardline negotiators to fight for the money you deserve, contact our office today for a free consultation with a motorcycle accident lawyer who cares.