What Every Injured Motorcyclist Needs to Know About Filing a Claim

What Every Injured Motorcyclist Needs to Know About Filing a Claim

If you’ve been hurt in a motorcycle accident, your life probably feels like it’s been turned upside down. One moment you’re riding free, wind on your face, and the next, you’re dealing with hospitals, bills, and insurance adjusters asking way too many questions. It’s a lot. But here’s the truth: you absolutely deserve to be compensated for what you’ve been through. That’s why it’s smart to talk to a motorcycle accident lawyer early on—so you’re not facing all this alone.

Whether you were sideswiped by a distracted driver, hit by someone who "didn’t see you," or forced into a crash by poor road conditions, there are steps you can take right now to protect your rights and start building a strong injury claim. 

Let’s break down what every injured motorcyclist needs to know after an accident, starting from day one.
Here’s what you need to know about UIM claims in 2025, why they matter, and how the state’s new minimum coverage requirements could impact your ability to get the compensation you deserve.

Step One: Prioritize Your Health

The very first and most important thing to do after a motorcycle accident is to get medical attention. Even if you feel “mostly okay,” adrenaline can mask serious injuries. Internal bleeding, concussions, and soft tissue injuries might not show up right away.

Why this matters: Your medical records will become central evidence in your claim. Delaying care or skipping it altogether gives the insurance company room to argue that your injuries weren’t that serious or weren't even caused by the accident.

Tip: Be thorough when explaining your symptoms to your doctor. Even minor pain or dizziness should be documented. And always follow up with recommended treatments or specialists.

Step Two: Document Everything

Start gathering evidence as soon as possible. If you're physically able, take photos at the scene of your bike, the other vehicle(s), your injuries, skid marks, and anything else that seems relevant. If you can’t, ask a friend or family member to do it for you.

Also, make sure to:

• Get a copy of the police report.
• Collect contact information for witnesses.
• Keep a journal tracking your recovery, pain levels, missed work, and emotional distress.
• Save all receipts and bills for out-of-pocket expenses like medications, travel to appointments, or home care help.

Why this matters: Insurance companies rely on “proof” when determining how much your claim is worth. The more detailed and organized your documentation is, the harder it is for them to lowball you.

Step Three: Be Careful What You Say (and Post)

After a motorcycle crash, you’ll probably be contacted by the other driver’s insurance company pretty quickly. They may seem nice, polite, even concerned. But make no mistake: their goal is to protect their bottom line, not to help you.

They may:

• Ask for a recorded statement “just to get your side.”
• Offer a quick settlement before you know the full extent of your injuries.
• Twist your words to make it sound like you were at fault.

Tip: Don’t give a recorded statement or accept any settlement offer without speaking to a personal injury attorney first.

And watch your social media. Posting a picture of you smiling at a family gathering or saying something like “feeling better today!” can be used against you to suggest your injuries aren’t that serious.

Step Four: Understand How Fault Works in California

California follows a comparative negligence rule. That means even if you were partially at fault for the accident, you can still recover damages. However, your compensation will be reduced by your percentage of fault.

Example: Let’s say your total damages are $100,000, but you’re found to be 20% at fault for the crash because you were speeding slightly. You’d still receive $80,000.

Why this matters: Insurance companies will often try to assign blame to you, even unfairly, to reduce what they owe. Don’t assume they’re right. Just because you were on a motorcycle doesn’t mean you were the reckless one.

Step Five: Know the Types of Compensation You Can Pursue

Motorcycle accident victims are often entitled to much more than just their medical bills. If someone else’s negligence caused your crash, you may be able to seek compensation for:

• Medical expenses (past, present, and future)
• Lost income and loss of future earning capacity
• Pain and suffering
• Emotional distress
• Permanent disability or disfigurement
• Loss of enjoyment of life
• Repair or replacement of your motorcycle and gear

Every case is different, but don’t let an insurance company tell you what your pain is worth. Motorcycle accidents can be devastating, both physically and emotionally. You deserve to be fully compensated, not just for what you’ve lost, but for everything it will take to rebuild.

Step Six: Be Aware of Time Limits

In California, you typically have two years from the date of your motorcycle accident to file a personal injury lawsuit. That might sound like a long time, but here’s why you shouldn’t wait:

• Evidence can be lost or destroyed.
• Witness memories fade.
• Medical records can get harder to track down.

If a government agency is involved (say, a city-owned truck hit you), you may only have six months to file a claim. Missing the deadline could mean losing your right to compensation entirely.

Step Seven: Be Prepared for Insurance Company Tactics

Unfortunately, motorcycle riders face bias, not just from drivers on the road, but from insurance adjusters, too. There’s a stereotype that bikers are risk-takers or “asking for it,” and this can unfairly impact how your claim is handled.

Common insurance company tactics include:

• Suggesting you weren’t wearing a helmet (even if you were).
• Claiming your injuries were pre-existing.
• Offering quick settlements to avoid larger payouts.
• Dragging out the process to wear you down.

Don’t fall for it. These are deliberate strategies designed to get you to settle for less than your case is worth.

Step Eight: Don’t Try to Handle This Alone

Motorcycle accident claims are complex. There’s often more at stake, and the injuries are usually more severe than in typical car crashes. On top of that, you're dealing with insurance companies with endless resources and legal teams ready to fight you.

You deserve someone in your corner who knows how to fight back and who’s done it before.

Step Nine: Understand the True Value of Your Claim

After a motorcycle accident, one of the most common questions is, “How much is my case worth?” And while there’s no universal answer, there’s something every injured rider should know:

The value of your claim is not just about your current medical bills.

It’s about how the accident has affected and will continue to affect every part of your life. That includes:

• Future medical care: Will you need surgery down the line? Physical therapy? Pain management?
• Ongoing income loss: What happens if you can’t go back to work for weeks, months, or ever?
• Emotional trauma: PTSD, anxiety, and depression are real and deserve recognition in your claim.
• Loss of lifestyle: If you can’t ride anymore, or enjoy the hobbies and life experiences you once did, that has value.

Insurance companies will never voluntarily calculate these losses for you. That’s why it’s crucial to have someone advocating for the entire picture, not just what’s easy to quantify on a spreadsheet.

Step Ten: Don’t Accept the First Offer

Getting an initial settlement offer can feel like a relief. But here’s the harsh truth:

That first offer is almost always low. On purpose.

It’s a strategy. They want to catch you before:

• You realize how serious your injuries are.
• You hire a lawyer.
• You understand your rights.

And once you sign that settlement agreement, your case is closed. There’s no going back to ask for more when the bills keep coming in or your condition worsens.

You’re worth more than a quick payout. Take the time to explore your options and understand the full scope of your damages before agreeing to anything.

Step Eleven: Motorcycle-Specific Challenges in Accident Claims

Motorcycle accident claims come with their own unique set of challenges. These include:

• Visibility bias: Drivers often claim, “I didn’t see the motorcycle,” as a defense, even if they were clearly negligent.
• Severity of injury: Because riders are more exposed, injuries tend to be more catastrophic, which can mean higher claim values but also tougher fights with insurers.
• Helmet laws and gear use: Whether or not you were wearing a helmet or protective gear may come into play, but it doesn’t automatically void your claim.
• Custom bikes and gear value: Standard valuation models don’t always fairly account for custom parts, high-end gear, or accessories like GoPros and communication systems.

An experienced attorney can make sure these unique factors are accounted for and push back against unfair tactics or generalizations used against bikers.

Step Twelve: Tips for Protecting Yourself After the Crash

Even after the initial aftermath, there are ongoing things you can do to protect your rights and build a stronger case:

• Attend all medical appointments and don’t skip follow-ups.
• Stay consistent in describing your injuries to doctors and therapists.
• Avoid gaps in treatment. Insurance companies see this as a sign you’re not really hurt.
• Keep a pain journal to track your physical limitations and how they change over time.
• Stay organized with your paperwork—keep everything in one place.

Most importantly, trust your instincts. If something feels off, if you’re being pressured, or if you feel dismissed, it’s okay to seek help. You are not overreacting, and your injuries and experiences are valid.

The Emotional Toll: It’s More Than Just Physical Injuries

Let’s be real, being in a motorcycle accident doesn’t just hurt your body. It shakes your confidence, rattles your peace of mind, and can impact your entire lifestyle. Maybe you’ve lost your sense of freedom. Maybe the road you loved now feels like the last place you want to be.

You’re not alone in feeling this way.

Mental health support is a critical part of your recovery. And guess what? Those emotional injuries are real and compensable. Don’t let anyone tell you otherwise.

Talk to someone, whether it’s a professional counselor, a trusted friend, or a support group for riders. Healing isn’t just about bones and bruises. It’s about reclaiming your life.

What to Look for in a Motorcycle Accident Lawyer

Not all personal injury attorneys are the same. And not all of them understand the unique realities motorcycle riders face.

When you’re looking for legal help after your crash, look for someone who:

• Understands motorcycle culture. You want someone who gets that riding is more than just a mode of transportation.
• Has real experience with motorcycle claims. These cases are different and should be treated that way.
• Takes the time to listen to your story. Your attorney should care about your goals, not just your file.
• Isn’t afraid to go to trial. Some lawyers settle every case fast. That’s not always in your best interest.

You want someone who’s in your corner, fighting for you, not just filling out paperwork and pushing you toward a lowball offer.

Your Recovery Matters—Let Us Help You Protect It

At the end of the day, filing a motorcycle accident claim isn’t just about money. It’s about making sure you have what you need to heal, recover, and move forward with dignity and support.

You didn’t ask to be injured. You didn’t ask to be sidelined from your job, your family, or the open road. But you can ask for accountability. And you should expect compensation that reflects everything you’ve lost and everything you’ll need to rebuild.

And that’s where we come in.

Injured in a Crash? Call Ash!

At Rawlins Law Accident & Injury Attorneys, we know what it means to fight for those who’ve been knocked down—and to do it with compassion, honesty, and grit. We’re one of Southern California’s only female-owned personal injury firms, and we proudly represent riders throughout San Diego and across the state.

When insurance companies try to ignore your pain, we speak up. When other firms pass on tough cases, we dig in. And when you need someone who’ll meet you where you are, whether that’s your hospital room, your home, or anywhere in between, we show up.

You focus on healing. We’ll handle the rest.

Call us today at (858) 529-5872 or through our online form for a free consultation. No pressure. No gimmicks. Just straight talk from a team that cares.

Because when you’ve been hurt in a motorcycle crash, you deserve more than the bare minimum.

You deserve the Ashley Advantage.

Schedule A Free Consultation