Riding a motorcycle provides a sense of freedom and excitement unmatched by other forms of transportation. But unfortunately, motorcycle riders are far more exposed to injury risks on the road. When an accident happens, filing a motorcycle injury claim is vital to securing the compensation you need to cover medical expenses, lost wages, pain and suffering and other damages. 

However, the process can be complicated—especially if you make critical errors along the way. This blog will help Indiana motorcycle riders identify and avoid common mistakes so they can protect their rights and maximize their personal injury compensation. By the end, you’ll have actionable insights to ensure your claim is handled correctly. 

Common Filing Mistakes Made in Motorcycle Injury Claims

Successfully filing a motorcycle injury claim requires careful attention to detail. Mistakes made early on can have long-lasting consequences, impacting your ability to receive the compensation you deserve. Below are some of the most common errors to watch out for. 

Failing to Document the Accident Scene Properly 

One of the first and most crucial steps after an accident is gathering evidence. Riders who fail to thoroughly document the accident scene may struggle to prove fault later in the legal process. Critical evidence such as photos, videos, witness statements, or police reports can protect you and strengthen your claim.  The most important thing to do is to call the police as they will conduct an investigation and your attorney can then seek this information from the police. 

Not Seeking Immediate Medical Attention 

Even if your injuries appear minor, waiting to seek medical care can work against your case. Some injuries, like whiplash or internal trauma, don’t become apparent until hours or even days or weeks, sometimes even months, after the accident. Delaying medical care not only impacts your health but also gives insurance companies arguments to dispute the severity of your injuries or whether or not your injuries were caused in the wreck. 

Missing the Statute of Limitations 

Indiana law has a statute of limitations for motorcycle accident claims. If you wait too long to file your claim, you could lose the opportunity to seek compensation altogether. Typically, you have two years from the date of the accident to file a personal injury lawsuit in Indiana.  If the at-fault party is a governmental entity, you can have as little as 6 months so talk with and attorney as soon as you can after your collision. 

Making Statements to Insurance Companies 

Making statements to insurance companies can undermine your case. Remember, no matter how friendly an insurance representative may seem, their priority is to minimize payouts. A single careless comment could be misinterpreted and used against.  You should always speak with an attorney before you speak with any insurance adjuster, including your own. 

Not Hiring an Experienced Motorcycle Accident Attorney 

“Going it alone”, that is, without legal representation, can severely reduce your chances of securing a full and fair settlement. Motorcycle injury claims are complex, requiring specialized knowledge to prove fault, calculate damages, and negotiate with insurance companies. Many riders underestimate just how much value an experienced motorcycle accident attorney can add. Moreover, most people do not understand that if you settle your case with the defendant’s insurance company, you still have to reimburse whichever health insurance carrier you had at the time who paid for medical expenses caused by the wreck.  Your attorney can help negotiate the reimbursement amount down, which puts more money in your pocket from the settlement.

The Impact of Personal Injury Claim Errors 

Why are these filing errors so significant? Each one has the potential to negatively impact your motorcycle injury claim in specific ways: 

1. Lack of Evidence: Without proper documentation, proving fault in your case becomes difficult, leaving you at the mercy of conflicting accounts and opposing claims. 
2. Questionable Injuries: Delayed medical attention allows insurance companies to argue that your injuries were exaggerated, pre-existing, or unrelated to the accident. 
3. Lost Legal Rights: Missing the statute of limitations can strip you of your ability to recover any compensation, no matter how strong your case is. 
4. Reduced Compensation: Mishandling communication with insurers may result in lower settlement offers—or outright denials. 
5. Weaker Case Strategy: Without an attorney, you will be outmatched by the insurance company’s legal team, which could drastically reduce your claim value. Insurance company attorneys handle thousands of these cases and you should have a personal injury attorney with the same experience level.

How to Avoid Filing Mistakes 

The good news? Each of these mistakes can be avoided with foresight and knowledge. Here’s how to handle your claim the right way from start to finish. 

Guidelines for Proper Accident Scene Documentation 

1. Take Photos and Videos: Capture images of your motorcycle, the other vehicle(s) and driver, road conditions and the general scene, and any visible injuries. 
2. Collect Witness Information: Obtain names and contact details of bystanders who saw the accident. 
3. File a Police Report: An official report provides an unbiased account of the incident and is a valuable piece of evidence.  The evidence collected in order for the officer to do the report is incredibly valuable.  In addition, a lot of officers now have body cameras which may re on. 

Seeking Immediate Medical Attention and Follow-Up Care 

1. Even if you’re feeling “okay,” see a doctor immediately after the accident. Nobody ever wants to go to the doctor and everybody thinks to themselves “oh, I’ll be fine in a couple of days”.  Not treating in those few days or weeks is a mistake because the insurance adjuster will argue that you were not really hurt or not hurt that bad if you didn’t immediately go see a doctor.
2. Request a comprehensive medical evaluation to document your injuries in detail. 
3. Follow all prescribed treatments and attend follow-up appointments to demonstrate your commitment to recovery.  While things happen in life, it is obviously best if you can make all appointments as scheduled. 

Understanding the Statute of Limitations in Indiana 

1. Hire an attorney as soon as possible.  Your attorney will mark the two-year deadline on your calendar as soon as the accident occurs so the deadline to file is not ever missed. 
2. Don’t wait until the last moment to file your claim—acting early allows you to document a stronger case and to obtain evidence before it disappears and before witnesses start to lose their detailed memories of the wreck. 

Tips on Dealing with Insurance Companies-Don’t 

1. Don’t deal with the insurance companies.  Let your attorney do that for you.  
2. Do not provide a written or recorded statement without first consulting a motorcycle accident lawyer. 
3. Refer all correspondence to your legal representative to avoid missteps. 

Reasons to Hire a Specialized Motorcycle Accident Attorney 

1. Expertise in Proving Fault: An attorney will gather and analyze evidence to prove that the other party was negligent. 
2. Accurate Claim Valuation: They’ll calculate the full scope of damages, including future medical costs, pain and suffering, and lost earning potential. 
3. Negotiation Skills: Insurance companies are more likely to offer full and fair settlements when faced with experienced legal counsel. 

IN SUMMARY

If you’re a motorcycle rider in Indiana, filing a motorcycle injury claim correctly can mean the difference between a long financial struggle and getting the full compensation you need. Avoiding common mistakes—like failing to document the scene, delaying medical care, missing deadlines, or skipping legal representation—will go a long way in safeguarding your rights. 

Don’t leave your financial future up to chance. Consulting an experienced motorcycle injury attorney can give you the support and expertise you need to document a strong case.

Need help with your claim? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free initial consultation with an experienced motorcycle accident lawyer in Indianapolis, Indiana. We do not require any upfront lawyer fees and only get paid if we obtain a settlement or an award for you.

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