Motorcycle accidents often result in severe injuries and more scrutiny from insurance companies than other types of motor vehicle accidents. That’s why solid documentation can make or break your injury claim. If you want the best shot at full compensation, you must keep consistent and detailed records of your injuries, medical care, and financial losses.
Documentation Matters
This blog will help you learn how to document each critical phase of your claim, from the accident scene to your medical treatment and financial losses. You will also need to take into consideration how California-specific laws, like those on helmet use and lane splitting, may impact your case.
Essential Documentation at the Accident Scene
What you do immediately after a motorcycle crash can set the tone for your case. Once you’re safely off the road and emergency services are on the way, if possible, start gathering key evidence, such as:
- Photographs: Take clear photos of your motorcycle and the other vehicle(s), as well as any visible injuries, road conditions, skid marks, traffic signs, and damage to surrounding property. Visuals can help reconstruct the scene and identify who was at fault.
- Police Report: Always call law enforcement. Their report will officially document the accident’s time, location, and initial assessment. Request a copy when it becomes available to help support your claim. Your motorcycle accident lawyer can also help you obtain a copy.
- Witness Contact Information: Eyewitnesses can provide unbiased accounts supporting your version of events. If possible, get their names, phone numbers, and a brief statement.
If you were lane splitting at the time of the collision, note your position between lanes, traffic conditions, and speed. Ask witnesses or officers to confirm that you were riding safely and within legal guidelines so that insurers do not reduce your payout due to improper passing, unsafe lane changes, or reckless driving.
Creating a Complete Medical Evidence File
Start medical treatment as soon as possible, even if your symptoms seem minor. Insurance companies often view delays in care as a sign that your injuries aren’t serious or weren’t caused by the accident.
Your injuries are the foundation of your claim, so building a complete medical record is critical.
- Initial ER or Urgent Care Records: These establish the immediate effects of the crash and begin your injury timeline.
- Follow-Up Appointments: Include records from every doctor visit, specialist referral, physical therapy session, and mental health consultation.
- Diagnostic Images: X-rays, CT scans, and MRIs offer objective proof of injuries like fractures, internal trauma, or spinal damage.
- Physician Notes: These should detail your physical limitations, pain levels, required accommodations, and prognosis. Notes about missed work or long-term disability are especially valuable.
In California, helmet use is legally required for all motorcyclists. If you were wearing a helmet during the crash, ensure this is documented in your medical records and by the police. If you weren’t, your compensation could be reduced, especially if the insurer argues that the lack of helmet use contributed to your injuries.
Documenting Your Financial Losses
Motorcycle accidents often incur significant financial burdens. All expenses and financial losses related to the accident, from medical bills to missed paychecks from time off work, should be documented.
- Medical Bills: Save every invoice from hospitals, clinics, and pharmacies. Keep records of co-pays, transportation to appointments, and any out-of-pocket expenses.
- Lost Income: Ask your employer for a letter verifying missed work and lost wages. If you’re self-employed, bank records, invoices, and tax documents can help establish your earning capacity.
- Other Expenses: Keep receipts for motorcycle repairs, mobility aids (like crutches or a wheelchair), and any necessary home modifications.
Every document helps paint a clear picture of how the accident changed your life. Gaps in your paper trail give insurers an excuse to undervalue your claim or deny coverage.
How Documentation Impacts Compensation
Insurance companies are trained to look for inconsistencies. Well-organized and consistent documentation leaves little room for dispute and helps your attorney negotiate from a position of strength.
In California, where comparative fault laws apply, strong documentation can also help reduce your share of the blame, especially in cases involving lane splitting or unclear helmet usage.
Work With California Motorcycle Accident Lawyers Who Know What It Takes
At Berg Injury Lawyers, we understand how to build a strong motorcycle accident claim from day one. Our experienced California motorcycle accident lawyers know what documentation insurers look for and how to present your injuries and losses to maximize compensation.
We’ve helped injured motorcyclists across California recover compensation for medical bills, lost wages, and pain and suffering. In one recent auto accident case, we secured a $5 million settlement which greatly exceeded the initial $1.75 million offer.
When insurers rely on motorcycle bias to undervalue your claim, you can count on us to push back and fight for the outcome you deserve.
Don’t let poor documentation weaken your case. Contact Berg Injury Lawyers today for a free consultation and let us help you build a strong claim from the start.
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