What To Do After a Motorcycle Accident

The information you NEED to know when injured in a motorcycle accident.

What to Do in All Motorcycle Accidents

  • ALWAYS make sure a police accident report is made! Then call 1-800-HURT-911
    (A police report is required for an uninsured claim).
  • ALWAYS take an ambulance to the hospital to provide a record of your injuries. The police are supposed to make sure your motorcycle will be safe, so don’t stay at the scene to safeguard your motorcycle.
  • If there are witnesses in favor of you, make sure the police officer gets their name, phone number and address.
  • Do not speak with the insurance company insuring the car which caused your motorcycle accident.
  • Keep your helmet for us and do not use your helmet again.
  • Call us 1-800-487-8911 before calling your insurance company.

The 5 types of motorcycle accidents

    1. Hit & Stopped” — You or your motorcycle were hit by a car which stopped at the scene.
    2. Hit & Run” — You or your motorcycle were hit by a car which left the scene.
    3. Cut off & Stopped” — Your motorcycle was cut off by a car which did not come into contact with either you or your motorcycle and the car stopped at the scene.
    4. Cut off, Stopped & Left” — Your motorcycle was cut off by a car which did not come into contact with either you or your motorcycle. The car stopped but a police officer told the driver to leave because there was no contact and the police officer did not take the driver and vehicle identification.
    5. Cut off & Run” — Your motorcycle was cut off by a car which did not come into contact with either you or your motorcycle and the car did not stop at the scene (hit & run).

What to Do in the 5 Types of Motorcycle Accidents

You were hit by a car which did contact you or your motorcycle

1. “Hit & Stopped” — Either you or your motorcycle were hit by a car which stayed at the accident scene

  • See “For All Motorcycle Accidents”, at the top of this page.

2. “Hit & Run” — Either you or your motorcycle were hit by a car which left the accident scene

  • Never tell the police, EMS or hospital personnel that a car “cut you off”. The insurance companies look at this statement as evidence that there was no contact. Always say “a car hit me” or “a car hit my motorcycle”.

New York requires for hit and run accidents that 1) a police report is made within 24 hours of the accident and 2) the other vehicle came into contact with either you or your motorcycle.

If police were not at the accident scene or did not make a report, you must go to the police station to file a report within 24 hours of your accident.

If either you or your motorcycle were hit by a car which left the accident scene, we can file an uninsured claim for your injuries.  There must have been some type of contact between the car and either you or your motorcycle.

  • If the car came too close to your motorcycle and your hand contacted the car, that is sufficient contact. —Tell the police and medical personnel that the car hit you.
  • If there is evidence on your motorcycle of the car touching your motorcycle (such as the car paint on your motorcycle), take a picture and keep your motorcycle until you speak with us.
  • Do not speak with your insurance company until you speak with us.
  • We must file your claim within a reasonable period of time (not 3 years). It could be as short as 90 days!

You were cut off by a car which did not contact you or your motorcycle

3. “Cut Off & Stopped” — You were cut off by a car which did not come into contact with either you or your motorcycle and the car STAYED at the accident scene

  • Insist that the police officer take the information from the driver and the car’s registration. If the police officer does not want to put the information on the accident report, insist that he write the information anywhere, even on another piece of paper.
  • If the police officer refuses to take the information about the other car and driver, get a picture of the license plate or ask a witness to get it for you.

We can represent you and still sue the owner and driver of the car which caused your motorcycle accident if we know the identity of the driver or owner of the car. If the identity is unknown and there was no contact, you will not have a case.

4. “Cut off, Stopped & Left” — Your motorcycle was cut off by a car which did not come into contact with either you or your motorcycle. The car stopped but a police officer told the driver to leave because there was no contact and the police officer did not take the driver and vehicle identification

Unfortunately, the police officer just created a big problem for you. If you take a picture of the license plate or wrote down the plate number, you still have a case. But if you did not get the information for the car, you only have an uninsured claim which requires that there was contact between either you or your motorcycle and the car. You probably do not have a case but call us anyway because we have been successful in obtaining money with these cases.

5. “Cut Off & Run” — You were cut off by a car which did not come into contact with either you or your motorcycle and the car LEFT the accident scene

Remember, if you were cut off, your motorcycle was not hit!  The insurance companies look at this statement as evidence that there was no contact. If the car hit you, always say “a car hit me” or “a car hit my motorcycle”.

If you were cut off without the car coming into contact with either you or your motorcycle and the car never stopped and cannot be identified, you probably do not have a case. However, call us anyway because we have been successful in obtaining money with these cases.

When Your Motorcycle Is Hit by a Truck with a Trailer

  • Get the license plate number, VIN & state of both the cab and the trailer.

For a FREE consultation, call Attorney Phil Franckel, Esq. Days/Nights/Weekends
1-800-HURT-911
1-800-487-8911