Filing a strong motorcycle accident claim in Houston comes down to five things: gather evidence at the scene, get medical care right away, be careful what you say to insurance adjusters, don’t repair your bike yet, and work with an attorney who has real motorcycle case experience.
The hours and days following a motorcycle accident can be a complete whirlwind. Not only have you experienced a traumatic event, but you’re also likely dealing with injuries, medical expenses, lost income, and the often stressful insurance claims process. What started as a quick ride quickly turned into an absolute nightmare.
It can be easy to panic and make a decision that creates extra challenges later (which is the last thing you need). At McLaurin Law, we help injured riders throughout Houston understand their rights and navigate the motorcycle accident claims process. This guide shares five practical tips to help you avoid common mistakes along the way.
Tips for a Smoother Motorcycle Accident Claims Process
Dealing with an insurance claim can be a hassle even under the best circumstances. Facing bills, injury, and not knowing where to start can feel overwhelming. Here are 5 tips that could help you build a stronger claim and avoid common mistakes after a motorcycle accident in Houston.
1. Gather Evidence at the Scene
If it’s safe to do so, collect as much information as you can immediately after the motorcycle accident. This may include:
- Photos of the damage to your motorcycle and the other vehicle
- Pictures of the accident scene, including road conditions, traffic signs, traffic signals, and skid marks
- Images of any visible injuries you sustained
- Photos of damage to nearby property, such as guardrails, fences, or medians
- The names, contact information, and insurance details of the other driver
- Contact information for any witnesses
This evidence could support your insurance claim, especially if the insurance company disputes how the crash happened or who was at fault, which is why preserving evidence early can protect your claim.
2. Seek Medical Attention Right Away
It’s important to get medical care as soon as possible, even if your injuries don’t seem serious at the time. Adrenaline can mask initial pain, and some injuries, such as concussions and internal injuries, may only cause symptoms hours or days later.
Keep records of:
- Your diagnosis and treatment plan
- Any medications prescribed
- Follow-up appointments or referrals to specialists
Seeking prompt medical treatment helps protect your health and well-being, and it can also support your insurance claim by creating a clear record of your injuries and the care you received
3. Know What to Say to the Insurance Company
It’s generally good practice to notify your own insurance company soon after the crash to start the process of your claim. However, before giving a statement to the other driver’s insurance company, consider speaking with a motorcycle accident attorney first. Insurance adjusters are trained to investigate claims, and statements you make could be used when determining liability or the value of your claim.
While many claims are handled fairly, some policyholders experience unreasonable delays or unfair claim denials that may be signs of insurance bad faith. Understanding your rights before these conversations can help you avoid making statements that could be misunderstood or taken out of context.
4. Don’t Repair Your Motorcycle Yet
This tip can be difficult to follow, especially if your bike is your primary mode of transportation! If possible, avoid repairing your motorcycle until it has been properly inspected and documented. Your damaged motorcycle may serve as important evidence, and repairing it too soon could make it more difficult to document the damage if a dispute arises later.
5. Choose an Experienced Motorcycle Accident Lawyer
Not all personal injury attorneys have the same level of experience handling motorcycle accident cases. Choosing an attorney who understands the unique challenges riders face, including common insurance disputes and the full extent of motorcycle-related injuries, can make the claims process easier to navigate.
At McLaurin Law, our team offers guidance to injured riders throughout Houston and nearby areas. McLaurin Law’s founder, Attorney Jason C. McLaurin, previously worked in the insurance industry, giving him valuable insider insight into how insurers evaluate motorcycle accident claims.
Contact a Houston Motorcycle Accident Lawyer Today
Motorcycle accidents can be traumatic, but you don’t have to face the aftermath alone. Whether you were riding through downtown Houston, along I-10, or through Katy, Sugar Land, Pearland, or Baytown, the team at McLaurin Law is ready to listen to your story and help you understand your options.
Contact us today to schedule your free consultation.
Frequently Asked Questions About Motorcycle Accident Claims in Houston
1. How long do I have to file a motorcycle accident claim in Texas?
The answer depends on the type of claim. Insurance claims often have their own deadlines, while Texas law generally gives injured riders two years from the date of the accident to file a personal injury lawsuit under Texas Civil Practice and Remedies Code § 16.003. Because deadlines can vary, it’s best to act promptly after an accident.
2. What if I wasn’t wearing a helmet during my accident?
Not wearing a helmet doesn’t automatically prevent you from recovering compensation in Texas under Texas Transportation Code § 661.003. However, depending on the facts, it could affect how the insurance company or court evaluates certain injury claims.
3. Can I still file a claim if I was partially at fault for the accident?
In some cases, yes. Texas follows a modified comparative fault rule under Texas Civil Practice and Remedies Code § 33.001, meaning you may still recover compensation if you’re found to be 50% or less at fault, though your recovery could be reduced.
4. What compensation may I be entitled to after a motorcycle accident?
Depending on the circumstances, you may be able to seek compensation for medical expenses, lost wages, pain and suffering, and property damage to your motorcycle.
5. What should I do if my motorcycle accident claim is denied?
If your claim is denied or undervalued, an experienced attorney may be able to guide you with the next steps and help you appeal the decision or pursue further legal action.
6. How much does it cost to hire a motorcycle accident attorney?
Many motorcycle accident attorneys, including our team at McLaurin Law, offer free initial consultations. Fees thereafter will depend on the specifics of your case and the individual law firm.
