What Rights Do Motorcycle Accident Victims Have Regarding Insurance Claims?

One vital skill for motorcyclists is handling the aftermath of an accident. According to the Texas Department of Transportation, over 2,400 motorcycle riders were injured in accidents in Texas last year. Since it is relatively easy for cars to ignore or drive carelessly around motorbikes, it’s smart to prepare to work through the legal and financial process of a road accident at some point. Knowing your rights and obligations can save you hours and days of distress in the future.

Rights and Duties After an Accident in Texas

In an accident, the first and most vital duty is to stay safe and not to expose yourself to more injury. Motorcyclists are more vulnerable than car drivers and passengers.

Law enforcement has to be notified if the accident involved any injuries or any serious damage to a vehicle. Tx. Transp. Code § 550.026. If it is possible to get up and move around safely, you must offer help to anyone else involved, which includes calling for medical aid if they request it. See § 550.023.

This is wise for you in any case. It is essential to get a medical exam as soon as possible after an accident. Although you may not feel badly hurt, your body could be hiding injuries from you. Adrenaline reduces pain after a shock, and some types of injury may not reveal themselves for hours or days. A medical team will know how to detect and flag possible injuries. You will need the doctors’ notes to ensure that you can recover for your medical problems in any future settlement.

Taking particular care to avoid and treat injuries isn’t just kind advice; it may affect your claim. Wearing a helmet, for example, is not required for everyone in Texas. But even if you have a right to ride without one, an insurance company can try to avoid paying for your facial injuries after an accident, claiming that you could have prevented them with a helmet.

You must offer your name, address, your bike’s registration number, and your insurer’s name to anyone else involved in the accident, as well as your driver’s license if they request it. They must also give you this information. See § 550.023. If you hit a car or a property fixture with no one else present, you must find the owner or leave a note explaining what happened and providing your information. See § 550.024, 025.

At the accident site, you will want to take as many photos and videos of the vehicles involved as you can. Capture the accident’s location and the weather conditions, as well as the road conditions and any obstacles involved. If you take pictures of nearby buildings and traffic fixtures, an investigator may be able to find security footage from any surveillance cameras they may have.

How Insurance Works

In Texas, accident recovery law follows the principle of modified comparative negligence. If a court finds that a claimant was partly responsible for their injuries in an accident, they can still recover for their injuries, but their award will be reduced by that percentage of fault. For example, someone who is found 10% responsible for an accident can recover 90% of their claim. However, if the claimant is found to be more than 50% responsible, they cannot recover at all.

Most auto accident claims never go to court; they are settled between insurance companies. Insurance adjusters and investigators review accidents and evidence, then produce reports on the percentage of fault between the parties involved. Since insurers are looking to avoid or reduce payouts whenever they can, they will try to minimize the fault of their own insureds and maximize the fault of the claimant.

That is why it is vital to contact a personal injury attorney as soon as possible about how to handle your insurance claim and enforce your rights.

Claimants’ Rights in Texas

Anyone filing insurance claims with a company doing business in Texas has certain rights to timely claim handling and settlement procedures. Be sure to read your own motorcycle insurance policy for any specific rights or obligations you have. Your insurance company will want you to file a claim as soon as possible, often within a specific period.

Most insurers must acknowledge a claim and begin investigation no later than 15 days after receiving it. The insurer must let the claimant know that they have accepted or rejected the claim no less than 15 days after they have received all the information that they need. The insurer may request more information, but they must still accept or reject the claim within the next 45 days. See Tx. Ins. Code § 542.056. After accepting a claim, they must pay it within five business days. See § 542.047.

A Texas motorcycle accident lawyer will understand what you’re entitled to, and insurance companies will understand that. Surveys have shown that claimants represented by attorneys are more likely to receive a settlement, and on average, they receive more money when they do.

How to Move Forward

You’ll have enough trouble after a motorcycle accident. Don’t try to handle the claim process on your own. You may be eligible to recover for your:

Medical bills
Property damage
Lost wages or income

Contact the Law Office of Denise Adkison-Brown for experienced personal injury representation. Call 713-804-8520 to schedule your free initial appointment at our Houston office.