Wednesday, October 15, 2008

What You Should Know If You're Involved In a Motorcycle Accident

Find an Experienced Motorcycle Attorney
Motorcycle accidents are different from car accidents. Motorcycle accidents generally result in greater injuries and longer rehabilitation periods. An experienced motorcycle accident attorney is familiar with the common causes of motorcycle accidents, the types of injuries sustained and how to document injuries and damages. An experienced motorcycle accident attorney knows how to evaluate and present your case for maximum recovery.

Don’t Discard Evidence
You will want to keep photos of the damage to your bike as evidence. Don’t discard any parts of the bike that could be valuable evidence as to the cause of the accident. In some cases, the entire bike should be preserved as evidence.

Getting Your Bike Repaired or Replaced

Be forewarned that insurance companies rarely settle claims involving motorcycle accidents quickly, largely because insurance companies are used to valuing autos, but have less of an understanding of the value of a motorcycle, especially if the motorcycle is customized. Processing times of six weeks to three months or more are not unusual. In order to maximize reimbursement, you may need to provide some supporting documentation showing the value of your bike by getting written opinions as to the bike’s value from motorcycle dealers or people within the custom motorcycle industry, or presenting the insurance company with advertisements for the sale of similarly equipped bikes.

Keep in mind that if your bike is totaled, you are entitled to the loss of title and tax when replacing your bike. You may also be entitled to compensation for motorcycle rental expenses.

Dealing with an insurance company can be complicated. An experienced motorcycle injury attorney can help you negotiate with the insurance company to resolve your claim quickly and for full value.

You May Need to File a Report with DMV
If you are involved in a motorcycle accident, you should know that California law requires you to take certain action. The financial responsibility sections of the California Vehicle Code applies to two-wheel vehicle owners and operators. If you are operating a motorcycle that causes more than $750 in property damage to one person (including yourself), or which causes injury to anyone (including you), no matter how slight the injury, you must report the accident to the DMV. The CHP or police will not notify the DMV on your behalf. You (or your insurance agent, broker, attorney or other legal agent) must make the report.

When and How to File a Report
The report must be filed with the DMV within ten (10) days of the accident, and must be filed on a DMV form called Report of Traffic Accident Occurring in California (SR1). The form is available at any DMV or CHP office, or you can download it off of the California DMV’s website. Your attorney can also assist you with filing the report and will advise you of any other legal action you must take.

1 comment:

Unknown said...

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