The United States has some great places for motorcycle enthusiasts to explore. From scenic coastal highways to winding roads through the mountains and flat straightaways built for speed, there’s a path for just about everyone.
Oklahoma is also home to some gorgeous scenery throughout, especially along the Talimena National Scenic Byway. There’s certainly no shortage of riders in Oklahoma, and not everyone knows what to do after an accident occurs. When you’re navigating an Oklahoma motorcycle accident claim, there are a few essential steps to follow.
Safety Always Takes Center Stage
Motorcycle accidents tend to result in severe injuries. A leather riding jacket is never going to provide the same protection you get from an enclosed vehicle. With that being said, sometimes riders get a bit lucky. Instead of catastrophic injuries, they’re dealing with painful road rash.
Regardless of the severity of your injuries, safety always comes first. This may mean a ride in an ambulance to the emergency room or simply moving your motorcycle out of oncoming traffic. If anyone’s riding on the back of your back, check them for any injuries.
Even if you feel fine and your road rash is minor, it’s still a good idea to visit a healthcare provider. Some injuries take a while to start showing signs and symptoms. Even road rash can result in complications like a staph infection. Even the Muppets creator the late, great Jim Henson couldn’t successfully fight off a staph infection. This isn’t something you want to ignore.
Immediately Report the Accident
If you’re riding in an ambulance to the hospital, relax, someone reported your motorcycle accident. Otherwise, this is something you want to do before anyone leaves the accident scene. Oklahoma law is a little vague when it comes to accident reporting requirements. All traffic collisions resulting in injuries or fatalities must be immediately reported. This even applies to your road rash, it’s considered an injury.
The law gets a bit vague when it comes to property damage. All it clarifies is if property damage is extensive the accident must be reported. What you consider extensive damage probably differs from someone else, so it’s best to be safe. Just plan on reporting any traffic collision that results in more than a barely noticeable fender dent.
If you decide to take your chances and not immediately report your motorcycle accident, the Keystone State gives you five days from the date the incident occurred.
Gather Evidence
Slow down for a second. Gathering evidence doesn’t mean realizing your dream of becoming a private detective. This step isn’t even going to count towards your PI license but there’s nothing wrong with pretending. However, don’t get in the way of the responding authorities. They have a job to do that includes figuring out who’s liable for the accident.
You’re probably aware that Oklahoma is a no-fault insurance state. Everyone files a claim for their damages with their auto insurance provider. What’s not covered by your insurance can be listed as damages in a personal injury claim. This is the claim you file against the driver liable for causing the accident.
Oklahoma is also a modified comparative negligence state and sometimes this works in your favor. As long as you’re not more than 51% responsible for the collision, you should be able to file a claim against the other driver’s insurance provider.
With all of that being said, what evidence should you be gathering? Grab your smartphone and open the camera app. You’re going to turn into an amateur photographer. Take pictures of the damage to your motorcycle, along with its position. If you moved the bike out of the way for safety, don’t worry. Accident scene investigations can still determine the cause of the accident.
Look around for any surveillance cameras. There should be at least one or two in the area. Finding a home or business without a surveillance system is all but impossible. Even a doorbell camera may have captured the accident.
Your personal injury attorney can subpoena the footage to help prove your motorcycle accident claim. Don’t forget about traffic cameras. Most Oklahoma cities have cameras at major intersections.
Call The At-Fault Driver’s Insurance Company
Since Oklahoma is an at-fault state, you always call the other driver’s insurance company first. Don’t even think about filing a claim with your insurance until you’re finished dealing with theirs. Remember, the other motorist is responsible for your damages, your insurance only needs to get involved if the other driver doesn’t have a policy.
Let the insurance provider know you’re involved in a motorcycle accident and are getting ready to file a claim. This helps get the ball rolling on the claim process so hopefully you’re not waiting months to receive compensation.
Figure Out Your Damages
You’d almost think figuring out how much the insurance company owes for your damages would be at least a little fun. Unfortunately, this part can easily turn into a nightmare.
Not only are you trying to determine what’s covered by your insurance, but you’re also trying to add up tons of bills and receipts. Don’t forget about property repair estimates. Pretty soon you can feel like you’re drowning in paperwork.
Guess what, this is the easy part. You haven’t even started on your non-economic damages. These are things like your pain and suffering and they don’t come with handy price tags. Instead, you’re estimating their value using either the per diem or multiplier method.
Contact the At-Fault Driver’s Insurance Provider
You’re finally finished dealing with your insurance provider, and you’re still not done. Any damages not covered by your insurance can be listed on this personal injury claim. Just make sure you don’t list any damages twice, it’s illegal. Take your time filling out the paperwork.
Before contacting the at-fault driver’s insurance provider, why not contact a personal injury attorney? Your attorney can help you figure out your damages and handle negotiations with the insurance company. Even if you’re only claiming road rash, you’re still eligible for compensation. So, let an Oklahoma injury attorney help with your motorcycle accident claim.
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