4 Rules of Motorcycle Accidents – How To Protect Your Legal Rights

January 8, 2019

It can be somewhat tricky to claim for a full compensation when you’re in a motorcycle accident. The insurance company could write it off as being a “minor” injury without taking a clear look at what happened to save some money on their part.

As a leading motorcycle accident attorney in St. Louis, The Law Office of Donna Clark Frayne has had a great deal of experience handling injuries and insurance claims relating to motorcycle crashes.

If you ever find yourself battling for a full compensation claim from a motorcycle accident, here are four things you have to do:

1. Seek Out Medical Evaluation for Your Motorcycle Injuries Immediately

The first thing you have to do is go to the doctor to get a full examination immediately after to confirm that you did indeed get injured.

Without a professional opinion and confirmation, it’s very easy for the insurance company to say that it was a minor injury when there could be an underlying problem with the condition.

If you care about getting a full compensation, having a complete medical certificate is vital to the process of protecting your rights.

It’s essential that you don’t put the visit off for longer than two or three days, as the insurance company could use it against you.

For example, they could say that you could have sustained the injury long after the initial accident and trying to claim for a false compensation.

This doesn’t help your case in any way, as without proper evidence to suggest otherwise, the court will usually side with the insurance company.

2. Go Through the Full Length of the Treatment

In many cases of a motorcycle accident, the injury could be severe enough to require therapy, rehabilitation, or even chiropractic care.

For these cases, the injured party has the right to file for compensation from the other party if they were not at fault or if the carelessness of the other driver caused the accident.

If you’re assigned a treatment, you have to know exactly how long it’s going to take. You need to have written evidence to prove that you really went through the full length of the treatment.

If you quit the treatment halfway through, the other insurance company could say that you weren’t injured badly enough to file for full compensation or did not care to get better to take advantage of them.

Not only is not completing the treatment terrible for your body, but it will have a negative effect on your case as well.

You will lose credibility if you choose to skip therapy, so if you really can’t go for some reason, make sure that reason is legitimate and is mentioned in the medical notes.

The medical staff will keep a record of what’s done and how effective the treatment is, and not attending these treatment sessions means that there will be no medical record. Don’t give the other party an opportunity to ruin your case.

Related Article: What is my motorcycle claim worth?

3. Do Not Sign Any Document Without an Attorney Present

This is by far the most important rule, as every insurance company wants to pay as little as possible for every accident.

This is how they make a living, and that’s how the system works, but that doesn’t mean that you should allow yourself to be taken advantage of.

If the insurance agent presents you with a document to sign at the scene, you do not, and we repeat, DO NOT, sign those papers.

These documents are usually a consent form to receive minor compensation, and if you sign the documents, it will be challenging to file for anything more than that.

The only way out of such a situation is proving that you were not at the right mental capacity to make the correct judgment and signed the documents at the scene out of confusion. This is something that is very difficult to prove.

You have to have your attorney review the documents and tell you what the repercussions of signing the documents are so that you can make a more informed decision to avoid these issues outright.

4. Hire a Professional Motorcycle Accident Attorney

When you feel like you’re being mistreated by the insurance company, the smart thing to do is to contact an attorney.

Attorneys know your rights, and they have your best interest in mind when they fight for your case.

If the case is to go to court, they can also represent you in the legal battle and offer the necessary consultation.

Having a professional summarize and present crucial information to you in this manner will make everything less confusing, and you will have a better idea of what’s going on at all times.

Do you need compensation for your accident? Donna Frayne, at the Law Office of Donna Clark Frayne, LLC in St. Louis, is a motorcycle driver herself and understands what you are going through.

She knows that driving a motorcycle can be a dangerous activity, but also understands the passion behind it.


Donna has more than 20 years of experience representing victims of motorcycle accidents.

We strive to create a stress-free environment where you can discuss your personal injury case and your needs.

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