Motorcycle Accidents - Frequently Asked Questions

Who pays if my motorcycle is damaged in an accident?

If another driver caused the accident, you can submit the claim to that person’s insurance company. However, if they did not have insurance, you need to have purchased uninsured motorist PROPERTY DAMAGE coverage on your policy. Keep in mind, this is different coverage than regular uninsured motorist coverage which will provide you compensation for physical injuries to you if you are injured in an accident with an uninsured driver. Because studies show that 15%+ of drivers on the road may be uninsured, we highly recommend that you purchase as much uninsured motorist coverage on both your motorcycle and your other vehicles as you can afford. The minimum you should purchase at least $100,000/$300,000 in coverage.

What happens if my motorcycle is stolen, vandalized or is destroyed by fire?

You should purchase what is known as "comprehensive" coverage to cover your motorcycle for theft, fire and vandalism. Your insurance will pay the book value of the bicycle less a deductible or the value of the damage. You can consult NADA on the internet to help determine if book value is being offered to you. In addition to this figure, you should also be reimbursed for sales tax on this amount plus a pro rate share for the remaining months on your license plate tags. Usually the deductible for fire damage is less than that for theft or vandalism.

Additionally, your coverage will usually not pay for the money you spend customizing your bike unless you purchase extra coverage for “options” on your bike.

When should I report an accident to the police and my insurance agent?

Immediately call the police from the scene and ask them to come and make a report even if the damage minor. Insurance companies give little credibility to desk reports filed at the police department. You should also report all accidents to your insurance company, broker or agent as soon as possible.

When should I contact an attorney?

Immediately! The laws regarding motorcycle accidents are increasingly complex and can be very confusing. A great deal of early documentation and investigation is sometimes necessary shortly after the accident to preserve evidence and protect your claim. Whenever you have been in an accident, as a driver or passenger, and have any questions, feel free to contact injury attorney Scott Baroway - free of charge

Who pays my medical bills if I am injured in an accident?

There is no automatic standard medical payment provision with vehicles in Colorado since the law changed in July 2003. Therefore, you medical insurance is your primary source of coverage. Many motorcycle insurance companies do not offer medical payment coverage. However, you should ask your agent as some offer the option to purchase $1,000.00, $2,500.00, and $5,000.00 for medical bills incurred in an accident.

Am I covered if I am injured by an uninsured driver?

Colorado law is confusing and rapidly changing. So, regardless of what your policy says, call us to assist you in evaluating whether it may be available through some other source of insurance. You may be covered under a policy you are not even aware of as many other types of insurance provide for UIM coverage too.

How do I know if I should call?

Please call with any questions about your case. I am always available to discuss your case with you regardless of whether we formally represent you.

What We Reccomend You Do Immediately Following A Motorcycle Accident

Your response IMMEDIATELY after an accident may prove crucial in how your case is treated by the insurance companies and the jury later on. Therefore, we recommend that wherever possible, get the following information. If you cannot do it yourself, then ask someone present to gather the information for you.

1) Name, Address, and Telephone number of the other driver.

2) The Drivers License Number of the other driver.

3) The insurance information of the other driver.

4) The make, model and year of the other vehicles and check the vehicle registration.

5) The vehicle owner's name and address, if it is a person or corporation or entity different from the driver. If it is a company vehicle, write down the name and address of the company. If it is a rented vehicle, then the name, address and telephone number of the rental company.

6) Give the other driver your name, address, drivers license number, and insurance information.

7) The names, address and phone numbers of any possible witnesses to the accident. If they do not want to get involved, then take down their car license plate numbers and States.

8) Take careful notes of what the other driver says to you. For example if they say "I didn't see you when I changed lanes, “ or “It was my fault. I’m really sorry,” then WRITE IT DOWN in additional the name and address of anyone else who was present and could have heard the other driver make this statement.

What We Reccomend You Not Do Immediately Following A Motorcycle Accident

DO NOT sign any writings by the other driver purporting to summarize the facts of the accident.

DO NOT get into an argument with the other driver about what happened.

DO NOT say “I am fine” when asked if you are hurt unless you are 100% certain there is nothing injured. Many injuries take days for you to feel them and your statement at the scene may be used against you by the insurance company later on.

DO NOT have your bike repaired without detailed pictures being taken of all the damage.

DO NOT permit ANYONE to interrogate you about the events of the accident, particularly the other party's attorney, representatives of the other party's insurance company, or even representatives of your own insurance company.

DO NOT SIGN ANYTHING prepared by yours or the other side's insurance company, or anyone else, until it is first reviewed by your lawyers.

What We Recommend You Do Following A Motorcycle Accident, Or, As Soon As Possible

We recommend you follow through on ALL medical care, treatment, and therapy recommended by you physicians. This is important to assure your quickest and most complete recovery from your injuries. It is also important for your case to prevent the insurance company from arguing that your injuries would have healed better if you had only followed your doctors advice. This legal argument is called “Failure to mitigate your damages,” and is a proper one if there is evidence to support it.

Contact us for Free – No Obligation advice about your case. Even the first 24 to 48 hours can be crucial in terms of initiating an appropriate investigation of the accident scene, involved vehicles, and to obtain witness statements.