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Motorcycle Accident Claims: Fault, Insurance and Common Disputes

Photo: Anthony Maw / Unsplash

Motorcyclists face a higher risk of serious injury, and insurers sometimes blame them. Evidence and knowledge of local rules matter.

Common issues

  • Drivers who fail to see motorcycles, such as in left turns.
  • Assumptions that riders are reckless.
  • Helmet laws that vary by state and may affect injury arguments.
  • Lane-splitting rules that vary by state.
  • Road hazards and defects.

Insurance

The at-fault driver's liability coverage is the main source, but your own policy may offer medical payments or uninsured motorist coverage. Some states require motorcyclists to carry liability insurance and some have different no-fault rules.

Steps to protect your claim

  1. Get medical care and keep records.
  2. Preserve your helmet, gear and bike in their post-crash condition.
  3. Photograph the scene and get witnesses.
  4. Do not admit fault.
  5. Consider a lawyer for serious injuries.

Shared fault

Fault rules apply to riders as well. See our guide to shared fault and comparative negligence.

Frequently asked questions

Does not wearing a helmet bar a claim?

Not automatically, but it may affect damages depending on state law.

Can I claim if the driver fled?

Possibly through uninsured motorist coverage.

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