A motorcycle accident in The Bronx can leave you with serious injuries, costly medical bills, and lasting emotional strain. You may be entitled to compensation for your injuries and losses if someone else’s negligence causes the accident.
However, to file a motorcycle accident claim in The Bronx, you need to follow specific legal steps and act quickly to protect your rights.
In this guide, we’ll go over the essential steps to file a motorcycle accident claim in The Bronx. Plus, we’ll discuss the importance of working with a skilled Bronx motorcycle accident attorney to strengthen your case.
Step 1: Get Medical Attention Immediately
Your well-being and safety should always come first. Visit a doctor as soon as possible after the accident, even if your injuries seem minor. Delayed treatment can worsen your condition and create disputes with insurers about whether your injuries are accident-related.
During your treatment, your medical records will be documented, which is vital for proving your claim and getting your deserved compensation. Be sure to retain the records of all diagnoses, treatments, and prescriptions, besides following your doctor’s advice and attending all appointments.
Step 2: Call 911 to File an Accident Report
New York law requires reporting any motor vehicle accident that results in injury, fatality, or property damage. As such, you should immediately call 911 to report the incident.
When law enforcement arrives at the scene, they will document key details, including:
- Statements from involved parties and witnesses
- Road and weather conditions
- Potential traffic law violations
Request a copy of the NYPD Collision Report, as it is an essential piece of evidence that your Bronx motorcycle accident lawyer will use to strengthen your claim. When speaking to officers or others at the scene, don’t admit fault or speculate about what happened.
Step 3: Gather Evidence
If your physical condition allows, try to collect as much evidence as possible from the accident scene. This includes:
- Photos and videos of the crash site, vehicle damage, and your injuries
- Contact information of witnesses
- Insurance and license details of all involved drivers
- Road conditions, traffic signals, and any other relevant factors
If injuries prevent you from gathering evidence, a Bronx personal injury lawyer can later investigate the scene, review traffic camera footage, and reconstruct the accident.
Step 4: Hire a Bronx Motorcycle Accident Lawyer
Insurance companies often attempt to reduce payouts or reject claims entirely. An experienced Bronx motorcycle accident attorney can make a significant difference in the outcome of your case. A good lawyer will:
- Handle all communication with insurance companies
- Gather and present compelling evidence
- Negotiate for a fair settlement
- Take your case to trial if necessary
Step 5: File a Claim or Lawsuit
Motorcyclists are generally not covered under standard no-fault laws, meaning you may need to file a claim directly against the at-fault driver for your injuries and losses.
Depending on the circumstances, you may pursue compensation through:
- Insurance claim: File a claim with the at-fault driver’s insurance company.
- Personal injury lawsuit: If insurance negotiations fail, you may file a lawsuit against the responsible party.
New York’s statute of limitations for motorcycle accident lawsuits is three years from the date of the accident. However, if a government entity is involved, you must file a notice of claim within 90 days and a lawsuit within one year and 90 days.
Consult the Best Motorcycle Accident Attorney in The Bronx
If you or a loved one has been injured in a motorcycle accident in The Bronx, don’t have to handle the legal process alone. Filing a motorcycle accident claim in The Bronx requires timely action, solid evidence, and familiarity with local laws.
At Jesse Minc personal injury law firm, we focus on helping injured riders secure fair compensation for their injuries. Call us today at (718) 354-8000 or fill out our online contact form for a free consultation.
