After a motorcycle accident, the most important steps you can take involve protecting your health and your legal rights. Once you have received immediate medical care, you should focus on meticulously documenting everything related to the crash, from your injuries to your expenses, and be extremely cautious when speaking with any insurance companies.
Key Takeaways for What to Do After a Motorcycle Accident
- Prioritize your health after a motorcycle crash by getting a comprehensive medical evaluation and attending all follow-up appointments, as some serious injuries have delayed symptoms.
- It is beneficial to create a dedicated file to store all accident-related documents, such as the police report, medical bills, and correspondence with insurance companies.
- Keeping a detailed daily journal can help track pain levels, physical limitations, and the overall impact the injuries have on a person’s life.
- You have no obligation to provide a statement to the at-fault driver’s insurance adjuster, whose goal is to minimize your claim’s value.
- Indiana operates under a modified comparative fault system, which can affect the amount of compensation an injured person may receive if they are found partially responsible for the accident.
- There is a limited time, known as the statute of limitations, to file a personal injury lawsuit in Indiana, making it important to act promptly.
Your First Steps at Home After the Crash
The moments, days, and weeks following a motorcycle accident are a critical time. The actions you take now can lay the groundwork for your physical and financial recovery. It’s not just about healing; it’s about creating a clear record of how this accident has impacted your life.
Your first priority is your well-being. Adrenaline is a powerful chemical that can mask the severity of injuries. You might have felt okay at the scene, but hours or even a day later, you could be in significant pain. It is vital to get a thorough medical evaluation, even if you have already gone to an urgent care clinic or the emergency room.
Here are some crucial first steps to take once you are safely home:
- Schedule a Follow-Up Medical Appointment: Visit your primary care physician as soon as possible. Explain what happened and describe any pain or discomfort you’re feeling, no matter how minor it seems. Some serious conditions, like internal injuries or a traumatic brain injury (TBI), have delayed symptoms.
- Start an Accident File: Get a folder or a box and designate it for everything related to the accident. This is where you will keep every single piece of paper. This includes the information you exchanged with the other driver, the police report number, medical bills, receipts for prescriptions or medical equipment, and any letters you receive from insurance companies.
- Begin a Personal Journal: This may be one of the most important things you do. Every day, write down how you are feeling. Note your pain level on a scale of 1 to 10. Describe how the injuries are affecting your ability to do daily tasks, like working, cooking, or even enjoying a walk around your Fishers neighborhood. This journal provides a detailed, human account of your suffering that medical bills alone cannot convey.
Taking these organizational steps early on will help you stay in control of a chaotic situation and ensure that vital information isn’t lost in the shuffle of your recovery.
What to Do After a Motorcycle Accident When Dealing with Insurance
Shortly after your accident, you can expect a phone call from an insurance adjuster. It will likely be from the other driver’s insurance company. It is essential to understand that this person’s job is to protect their company’s financial interests, which means paying out as little as possible for your claim. They may sound friendly and concerned, but you must be cautious in your conversation.
You are generally required to report the accident to your own insurance company, but you have no obligation to give a recorded statement to the other party’s insurer. These recorded statements can be used to find inconsistencies in your story or to get you to say something that could hurt your claim.
For instance, if an adjuster asks, “How are you today?” and you politely respond, “I’m fine,” they may later try to use that simple pleasantry as evidence that your injuries weren’t serious.
When you speak with an adjuster, remember these points:
- Provide Only Basic Information: You can confirm your name, address, and the date and location of the crash. You can also identify the other driver involved.
- Do Not Discuss Fault: Never admit any fault or even suggest you could have done something differently. Don’t speculate on what caused the crash. Stick to the facts you know for sure.
- Do Not Downplay Your Injuries: Be honest about your pain, but avoid giving specifics until you have a complete diagnosis from your doctor. Simply state that you are receiving medical treatment for injuries sustained in the accident.
- Decline a Recorded Statement: You can politely decline to give a recorded statement until you have had the chance to fully assess your situation.
- Reject Early Settlement Offers: The first offer is almost always a lowball amount, made before the full extent of your injuries and expenses is known. Accepting it means you forfeit any right to seek further compensation, even if your medical condition worsens.
Conversations with insurance adjusters are a delicate process, and protecting your rights should always be your top priority.
Understanding Indiana’s Fault Laws
It’s helpful to understand the basic rules that govern accident claims in our state. Indiana uses what is called an “at-fault” system. This means that the person or party who is found to be responsible for causing the accident is also responsible for paying for the resulting damages, including medical bills and property damage.
Indiana also follows a rule known as “modified comparative fault.” In plain terms, this means that you can still recover damages even if you were partially to blame for the accident. However, your total compensation will be reduced by your percentage of fault. For example, if you are awarded $100,000 but found to be 20% at fault, your award would be reduced by 20% to $80,000.
Under the Indiana Code § 34-51-2-6, you cannot recover any damages if your fault is 51% or greater. Because of this rule, insurance companies often work hard to shift as much blame as possible onto the motorcyclist.
Gathering Evidence to Build Your Case
A successful injury claim depends on strong, clear evidence. While a lawyer can handle the heavy lifting of a formal investigation, there is much you can do to preserve crucial information. The evidence you gather helps to paint a complete picture of what happened and how the accident has affected you.
Think of it as collecting the pieces of a puzzle. Each piece helps to show the insurance company, or potentially a jury, the reality of your situation. Here are some of the most important types of evidence to gather:
- The Official Police Report: The report filed by the officer at the scene, whether from the Fishers Police Department or Indiana State Police, contains key information. This includes the officer’s initial assessment of fault, witness statements, and diagrams of the accident scene.
- All Medical Documentation: This is more than just bills. It includes your complete medical records, diagnoses, treatment plans, physical therapy notes, and any projections for future medical needs from your doctors.
- Proof of Lost Income: If your injuries have caused you to miss work, you’ll need to document that lost income. This can be done with copies of your pay stubs and a letter from your employer detailing your regular pay rate and the hours you have missed.
- Photographs and Videos: Visual evidence is powerful. If you were able to take pictures at the scene, great. If not, take photos of the damage to your motorcycle and your gear. It is also very helpful to take photos of your injuries as they heal over time.
- Witness Contact Information: If anyone saw the crash happen, their testimony could be invaluable. Make sure you have their name and a reliable way to contact them.
Each of these items serves as a building block for your claim, substantiating your request for fair compensation for everything you have been through.
Calculating the Full Value of Your Motorcycle Accident Claim
One of the biggest mistakes people make after an accident is underestimating the full cost of their injuries. It’s not just about the medical bills you have today; it’s about all the ways the crash impacts your life, now and in the future. Compensation, legally referred to as “damages,” is meant to make you whole again and can be broken down into two main categories.
Economic Damages are the specific, calculable financial losses you have suffered. They include things like:
- Medical Expenses: This covers everything from the ambulance ride and emergency room visit to surgeries, hospital stays, medication, physical therapy, and any future medical care you will need.
- Lost Wages or Income: This is the income you’ve lost from being unable to work. If your injuries prevent you from returning to your previous job, it can also include your diminished earning capacity in the future.
- Property Damage: This refers to the cost of repairing or replacing your motorcycle, helmet, riding gear, and any other personal property damaged in the crash.
Non-Economic Damages are intended to compensate you for the intangible, personal losses that don’t have a clear price tag. These are just as real and can include:
- Pain and Suffering: This compensates for the physical pain and emotional distress caused by the accident and your injuries.
- Loss of Enjoyment of Life: If your injuries prevent you from participating in hobbies or activities you once loved, whether it’s riding your motorcycle on the scenic roads near Geist Reservoir or playing with your kids at Conner Prairie, you may be compensated for that loss.
- Permanent Scarring or Disfigurement: This acknowledges the physical and emotional impact of lasting scars or other disfiguring injuries.
Calculating these damages accurately requires a thorough understanding of your case, which is why it is so important to document every aspect of your recovery journey.
Indiana’s Statute of Limitations for Motorcycle Crashes
In the state of Indiana, there is a legal deadline for filing a personal injury lawsuit, known as the statute of limitations. For most personal injury cases, including those arising from motorcycle accidents, this deadline is two years from the date of the crash.
While two years might sound like a long time, it can pass very quickly when you are focused on medical treatments and rehabilitation. Building a strong case takes time. It involves gathering evidence, consulting with medical professionals, and negotiating with insurance companies.
If you wait too long to explore your legal options, you risk losing your right to seek compensation through the court system forever. That is why it is so important to understand this deadline and act well before it approaches.
FAQ for What to Do After a Motorcycle Accident
Here are answers to some common questions that people have after being involved in a motorcycle crash in Indiana.
Yes. In Indiana, only riders and passengers under the age of 18 are legally required to wear a helmet. The Indiana Bureau of Motor Vehicles (BMV) also requires those operating with a motorcycle learner’s permit to wear a helmet.
If you are over 18 and not wearing a helmet, the other driver’s insurance company may try to argue that your injuries are worse because of it. However, this does not prevent you from bringing a claim, especially for injuries that a helmet would not have prevented, such as a broken leg or road rash.
If a dangerous road condition caused your crash, you may have a claim against the government entity responsible for maintaining that road, such as the City of Fishers or the State of Indiana.
If your crash resulted from a dangerous road condition, you may have a claim against the government entity responsible for road maintenance. However, the Indiana Tort Claims Act imposes strict deadlines.
You must provide a formal notice of your claim to a local government entity, such as the City of Fishers, within 180 days of the accident. For claims against the State of Indiana, that deadline is 270 days. Missing these deadlines will almost certainly prevent you from recovering compensation.
Most personal injury attorneys work on what is called a contingency fee basis. This means you do not pay any attorney’s fees upfront. The lawyer’s fee is a percentage of the settlement or verdict they obtain for you. If you do not recover any money, you do not owe any attorney’s fees. This arrangement allows anyone to have access to legal representation, regardless of their financial situation.
If the at-fault driver has no insurance or not enough to cover your damages, you may be able to file a claim through your own insurance policy. This depends on whether you carry Uninsured Motorist (UM) or Underinsured Motorist (UIM) coverage. This optional coverage protects you in these common situations. Review your own policy with a lawyer to understand your coverage limits.
You should avoid posting anything about your accident, your injuries, or your recovery on social media platforms like Facebook, Instagram, or X. Insurance companies and their lawyers will search your profiles for any posts, photos, or comments they can use to argue that your injuries are not as severe as you claim.
Even a simple post of you smiling with friends could be used against you. It is safest to pause all social media activity until your claim resolves.
You should never accept an early settlement offer without understanding the full extent of your injuries and financial losses. Insurance companies make quick, low offers hoping you will accept before you know the potential future costs of medical care or the total amount of your lost wages.
Accepting an offer requires you to sign a release, which permanently prevents you from seeking any more compensation for the accident, even if your injuries worsen later.
Contact a Fishers Motorcycle Accident Attorney for Guidance
At Wyant Law, we are dedicated to helping injured individuals and their families in Fishers, Indianapolis, and throughout Indiana. We understand the physical, emotional, and financial toll an accident can take.
Attorney Chris Wyant will take the time to listen to your story, answer your questions, and provide an honest assessment of your situation. He will handle the legal details, from investigating the crash and gathering evidence to negotiating with insurers and advocating for your rights, so you can focus on what matters most: your recovery.
If you or a loved one has been injured in a motorcycle accident, contact Wyant Law at (317) 683-0333 or through our online form for a free, no-obligation consultation to discuss your case and learn more about your options.