What happens after a motorcycle accident
After a motorcycle accident, you will need to report it to the at-fault driver's insurance company and document what happened. The insurance company will assign an adjuster to investigate the claim, review police reports and medical records, and determine how much they will pay. You are not required to accept their first offer — you can negotiate, request a review of their decision, or pursue a claim through small claims court or with a lawyer.
The process typically takes weeks to months, depending on the severity of injuries and whether both sides agree on fault. During this time, you will need to keep records of all expenses related to the accident: medical bills, repair estimates, lost wages, and any other costs the accident caused.
Key Takeaways
- Report the accident to the at-fault driver's insurance company within the timeframe your state requires, usually 30 to 90 days.
- Gather evidence at the scene: photos of vehicle damage, road conditions, traffic signs, and contact information from witnesses.
- Keep copies of all documents — police report, medical records, repair bills, pay stubs showing lost income — because the insurance company will request them.
- The insurance adjuster's initial offer is often lower than what you may be owed; you can counter-offer or ask them to explain how they calculated the amount.
- If you and the insurance company cannot agree, you can file a complaint with your state's insurance commissioner or consult a personal injury lawyer.
Gathering evidence at the accident scene
If you are able to do so safely, take photos and video of the accident scene before anyone leaves. Photograph the damage to both vehicles, the road surface, traffic signals and signs, skid marks, and the position of the vehicles. Get the names, phone numbers, and addresses of any witnesses — not just the other driver. Ask witnesses to write down what they saw, or record their account on your phone.
Call the police and request a report, even if the accident seems minor. The police report creates an official record of what happened and often includes the officer's assessment of fault. Get the report number and the officer's name and badge number. Take a photo of the other driver's license, insurance card, and vehicle registration — do not rely on memory or a hastily written note.
If you are injured, seek medical attention when ready, even if you feel fine. Some injuries appear hours or days after an accident. Medical records create a documented link between the accident and your injuries, which the insurance company will need to see.
Reporting the claim to the insurance company
Contact the at-fault driver's insurance company as soon as you can. You will need the other driver's name, policy number, and insurance company name — all of which should be on their insurance card. Tell the company you are reporting an accident claim and provide basic information: the date, time, and location of the accident, the other driver's details, and a brief description of what happened.
The insurance company will assign an adjuster and give you a claim number. Write this number down and use it in all future communication. The adjuster will contact you to schedule a statement, which may be recorded. You can provide a statement, but you are not required to sign anything or agree to a recorded statement without thinking it through first. If you are unsure, you can ask the adjuster to send you the request in writing and take time to decide.
Do not accept a settlement offer when ready. The adjuster's first offer is typically based on limited information and is often lower than the full amount you are owed. Ask the adjuster to explain in writing how they calculated the offer — what they are paying for medical bills, property damage, lost wages, and pain and suffering.
Understanding what the insurance company will pay for
The at-fault driver's liability insurance covers two main categories: property damage and bodily injury. Property damage pays for repairs to your motorcycle or its replacement value if it is totaled. Bodily injury covers your medical bills, lost wages while you recover, and pain and suffering — the physical and emotional harm the accident caused.
The insurance company will request documentation for each expense. For medical bills, they will want copies of hospital records, doctor's notes, physical therapy invoices, and prescription receipts. For lost wages, they will want pay stubs or a letter from your employer showing how much income you lost. For pain and suffering, they will consider the severity of your injuries, how long recovery took, and whether you have permanent limitations.
Some states set limits on how much pain and suffering you can recover, or require you to meet a certain threshold of medical bills before you can claim it. Your state's insurance commissioner's office can tell you what the rules are where you live.
Negotiating with the insurance adjuster
If the insurance company's offer is lower than you believe is fair, you can counter-offer. Write a letter to the adjuster explaining why you disagree with their calculation. If they offered $3,000 for medical bills but your bills total $5,000, point that out and ask them to explain the difference. If they offered $500 for pain and suffering but you were hospitalized for a week and missed six weeks of work, describe the impact the accident had on your life.
The adjuster may increase their offer, request additional documentation, or stand by their original number. If you reach an impasse, you can ask to speak with the adjuster's supervisor or file a complaint with your state's insurance commissioner. The commissioner's office can investigate whether the insurance company followed state law in handling your claim.
Keep all communication with the insurance company in writing — email or letters, not phone calls. Written records protect you if a dispute arises later about what was said or promised.
When to consider hiring a lawyer
You do not need a lawyer to file a motorcycle accident claim, but a lawyer can be useful if your injuries are serious, the insurance company denies your claim, or you and the insurance company cannot agree on the amount owed. Many personal injury lawyers work on contingency, meaning they take a percentage of your settlement (usually 25 to 40 percent) and you pay nothing upfront.
A lawyer can review the insurance company's offer, negotiate on your behalf, and file a lawsuit if necessary. They also handle the paperwork and important date, which vary by state. For example, most states require you to file a lawsuit within two to three years of the accident, but some states have shorter or longer timeframes. Missing a important date can mean losing your right to recover anything.
If your claim is small — under $5,000 — a lawyer may not be worth the cost. But if your medical bills are high, you have lost significant income, or the insurance company is being unreasonable, a consultation with a lawyer can help you understand your options.
Small claims court as an alternative
If the insurance company denies your claim or refuses to pay more than a certain amount, you can file a case in small claims court. Small claims court handles disputes under a set dollar limit, which varies by state — typically between $5,000 and $25,000. You do not need a lawyer to file in small claims court, though you can bring one if you choose.
To file, you will go to your local small claims court office, fill out a form describing the accident and the amount you are owed, and pay a filing fee (usually $50 to $200). You will then serve the other driver with a copy of the case, and both of you will appear before a judge on a set date. Bring all your documentation: photos, medical bills, repair estimates, pay stubs, and the police report.
The judge will listen to both sides and make a decision. If you win, the judge will order the other driver to pay you. If they do not pay voluntarily, you may need to pursue collection through wage garnishment or other legal means, which requires additional steps.
Frequently Asked Questions
How long do I have to report the accident to the insurance company?
Most states require you to report within 30 to 90 days, but check your state's rules or call the insurance company to confirm. Reporting quickly is always better — it shows good faith and prevents the insurance company from claiming you waited too long to report.
What if the police report says I was at fault?
A police report is not the final word on fault. Insurance companies investigate independently and may reach a different conclusion. If you disagree with the report, you can ask the police department to correct factual errors, and you can explain your side to the insurance adjuster.
Can I claim pain and suffering if I was not hospitalized?
Yes, but the amount depends on the severity of your injuries and how long recovery took. Even minor injuries that caused ongoing pain, missed work, or lifestyle changes can support a pain and suffering claim. Document everything: doctor visits, physical therapy, time off work, and how the injury affected your daily life.
What if the other driver does not have insurance?
If the other driver is uninsured, you may be able to file a claim under your own uninsured motorist coverage, if you have it. This coverage is separate from liability insurance and protects you when the at-fault driver has no insurance. Check your policy or call your insurance agent to see what coverage you have.
Do I have to accept the insurance company's settlement offer?
No. You can reject their offer, counter-offer, request a review, or pursue a claim in court. Once you sign a settlement agreement, you give up the right to pursue further claims related to the accident, so do not sign anything until you are confident the amount is fair.