Auto - Motorcycle Accident- Procedures

Representing the Injured in New York

Involvement in a New York motorcycle/car accident can be a frightening and confusing experience for anybody. However, there are some steps you need to take in order to get the information and documentation that best supports your case. This list of procedures is designed to ensure that you follow all of the steps necessary in the time surrounding your motorcycle accident – at the scene, immediately following, and as time passes.

At the Scene of the Collision:

Take care of the basics.
When you are involved in a New York motorcycle/car accident, follow the same procedures that you would if you were involved in a regular auto accident/car accident, if you are able:

  • Stop immediately: Remain calm, and do not leave the scene of the motorcycle/car accident. If there are no injuries, move vehicles out of the flow of traffic.
  • Check for injuries: Do not assume that a lack of a visible injury means that a person is not hurt. In fact, it is highly likely that an accident involving a motorcycle and a car will involve serious injuries.
  • Call the police: A motorcycle/car accident should be reported to the proper authorities, and the report may be helpful later in determining fault and receiving your due compensation.
  • Exchange information: Write down the name, address, phone number, insurance information, etc. of the person(s) involved in the motorcycle accident.

Make observations.
Identify the witnesses so there will be someone to support your case if it goes to court. Write down their names and addresses. Ask them what they saw and make a note of phrases they used like "slammed into," "plowed," "speeding," or "he ran the red light." Make note of the road, weather, and traffic conditions at the time of the motorcycle/car accident. Also, beware of insurance representatives (other than your own) at the scene of a motorcycle/car accident. Some insurance companies may send adjustors to some accident scenes in order to catch people off guard with incriminating questions or to have them sign away rights they may have to future compensation.

Immediately after the Collision:

Call your insurance company.
Make sure that you call your insurance company immediately to report the motorcycle/car accident. Failing to immediately report the motorcycle/car accident could, in some instances, result in the insurance company not covering you for the motorcycle/car accident. You should contact the company immediately and make sure you ask them to start paying any appropriate bills. This action should open up a file to pay for property damage if applicable and appropriate. Even though you have called your insurance company, your insurance policy may require that you also place them on notice in writing. Therefore, to be safe, you should send written notice to your insurance companies that could cover the accident. Different rules may apply to the motorcycle drivers in the accident when it comes to medical bills, lost wages, and miscellaneous expenses.

See a doctor.
Even if you are not sure whether or not you are seriously injured in the motorcycle/car accident, it is best to be examined by your doctor at the earliest possible time, or to go to the nearest emergency room. If a doctor examines you, make sure that you are specific in explaining how the motorcycle/car accident happened and any and all injuries and problems you sustained as a result. If you are injured in a motorcycle/car accident, schedule an appointment with your own doctor as soon as possible. Don’t let the insurance adjustor choose a doctor for you. You have the right to a doctor of your choice for treatment.

Take pictures.
Take pictures of your motorcycle/car as soon as possible after your accident. When the adjustor asks for proof of damage, it is difficult to dispute a picture taken of your motorcycle/car at the collision scene. Pictures of the damage will help you and your New York motorcycle/car accident lawyer tell your story. If possible, take pictures of the other vehicles involved in the motorcycle/car accident as well. These pictures will help supply information about the severity of the impact associated with your motorcycle/car accident collision.

Take pictures of your injuries before they heal. In many cases, a client may have bruises and other less apparent injuries, but after several weeks, those bruises heal. Months later, when the insurance adjustor is arguing that the motorcycle accident was not very significant, pictures of your bruises and other injuries will help solidify your personal injury claim. Your motorcycle/car accident lawyer will have tangible, justifiable evidence to seek compensation for you.

Also take pictures of the motorcycle/car accident area. Take special note of where the accident began and ended, road conditions including construction, and the general layout of the accident scene.

As Time Passes:

Write down your observations.
Keep notes about your injuries. In 6 or 7 months, you might forget how it hurt just to get dressed, and the adjustor will try to make it seem like any description you give is an exaggeration. Write down your pain medications. These kinds of written documents can be very valuable to you and your motorcycle/car accident lawyer when presenting your personal injury claim to the insurance adjustor or to a judge and jury in court.

Keep records of expenses.
The adjustor will ask for proof of anything you claim as an expense. Be sure you keep receipts for prescriptions, household services like lawn mowing and getting someone to cook for you, vehicle rentals, and so forth. Keep each of those receipts so you can document every expense.

Most Importantly:

Consult an experienced personal injury motorcycle/car accident lawyer.
Without legal help from an injury law firm like William Mattar’s, you may have no idea of the real value of your claim. Moreover, the Insurance Research Council found that, on average, injured people who use a lawyer receive three and a half times more money than those who do not! (Source: Insurance Research Council 2004 study)

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If you’ve been injured in New York state, contact William Mattar, a New York lawyer whose focus is auto injury, which includes car, bus, truck, bicycle, pedestrian, and motorcycle crashes. William Mattar’s Law Firm has advocated for hurt and injured clients across New York state, including in the Buffalo, Rochester, Albany, Binghamton, Corning, Elmira, Lockport, Niagara Falls, Plattsburgh, Schenectady, Troy, Utica, and Watertown areas. Fill out a Free Online Contact Form or better yet, call us at 444-4444 or 1-800-317-2424 for a free consultation today! Call us anytime, 24 hours a day, 7 days a week. We are on call right now. We have several locations in New York state to better serve you. Do not worry where you are located. We may be able to come to your home or hospital. Call us, we are ready to help.

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