What to Do After a Hit-and-Run Motorcycle Accident
The sudden, violent impact of a car striking your motorcycle is terrifying. But watching that same car speed away from the scene, leaving you injured and alone on the road, adds a layer of injustice and anger to the trauma. Your mind races with questions. Who hit me? Why didn’t they stop? How will I pay for my medical bills and the damage to my bike? Your immediate thought might be, “How can I get justice if the driver is gone?”
It is a difficult and infuriating situation, but it is not hopeless. Even though the at-fault driver fled the scene, you still have rights and options for recovering compensation. State laws and your insurance policy have provisions specifically for this type of event. However, to protect your ability to recover after a hit-and-run motorcycle accident, there are critical steps you must take immediately. An experienced hit-and-run motorcycle accident attorney can guide you through this process, but your actions in the first few hours and days are foundational to your case.
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The 24-Hour Reporting Rule
In most states, the law requires you to report the accident to the police within 24 hours to be eligible for certain insurance benefits, specifically those related to uninsured motorists. Suppose you fail to make an official report to the state police or another law enforcement authority within this tight timeframe. In that case, your insurance company can later deny your claim, arguing that you did not meet your policy’s requirements. Do not delay. Your health and your ability to get compensation depend on this first, critical step.
Six Steps to Take Now to Protect Your Hit-and-Run Claim
After the initial shock of a hit-and-run accident, you may be at home feeling overwhelmed, in pain, and unsure of what to do next. Your actions in the days and weeks following the crash are critical for protecting your health and ability to get fair compensation. Here are six steps you can take right now to build a strong foundation for your case.
Step 1: Create a Detailed Written Account of the Accident
Your memory of the crash is vital evidence, and it can fade quickly. Sit down and write or type out everything you can remember about the incident as soon as you can. Do not worry about making it perfect; just get the details down.
Think about the moments before, during, and after the impact. What was the vehicle’s make, model, and color that hit you? Did you notice any part of the license plate? What did the driver look like? What lane were you in? What was the last thing you saw before the impact? What did you feel? Write down everything, even details that seem small or unimportant. This detailed account, created while the memory is freshest, can be an invaluable resource for your attorney and investigators later.
Step 2: Follow Your Doctor’s Treatment Plan Without Fail
By now, you have likely seen a doctor or been to the emergency room. Now, one of the most important things you can do is follow all their medical advice without exception. Go to every follow-up appointment, attend every physical therapy session, and take all your medications as prescribed.
When evaluating your claim, your insurance company will look for any reason to argue that your injuries are not as serious as you say they are. If you miss appointments or have large gaps in your treatment, they will use this against you. They will argue that you must not have suffered or made your injuries worse by not following medical advice. Diligently following your doctor’s plan is essential for both your physical recovery and the health of your legal claim.
Step 3: Preserve All Physical Evidence from the Crash
While you can no longer take pictures of the accident scene, you can protect the evidence you still have by backing up any photos or videos you took at the scene to a cloud service or separate hard drive so they cannot be accidentally lost.
Next, secure the physical evidence. Do not have your motorcycle repaired, and do not throw anything away. Your damaged motorcycle itself is a key piece of evidence. Place your helmet, jacket, boots, and any torn or bloody clothing in a safe, dry spot and leave them untouched. These items can show the force of the impact and help an accident reconstructionist understand exactly how the crash happened.
Step 4: Formally Notify Your Insurance Company
You have already reported the accident to the police, which is the first step. The next official step is to report the hit-and-run to your insurance company to begin the Uninsured Motorist (UM) claim process. When you call, stick to the basic facts: you were in an accident on a specific date and time, the other driver fled the scene, you filed a police report, and you suffered an injury.
You mustn’t agree to give a recorded statement to your insurance company until you have spoken with a hit-and-run motorcycle accident lawyer, even though your insurer’s goal is to pay out as little as possible. They can twist your words in a recorded statement to hurt your claim. A polite “I cannot give a recorded statement at this time” is all you must say.
Step 5: Keep a Detailed Journal of Your Recovery
This is a powerful tool for proving the true impact the accident has had on your life. Get a simple notebook and write down how you are feeling every day or two.
Document your physical pain levels on a scale of 1 to 10. List the medications you took. Note any difficulties with daily tasks like sleeping, walking, or getting dressed. Also, write down the emotional impact. Are you feeling anxious or having nightmares? Are you afraid to be near traffic? This journal becomes a detailed record of your “pain and suffering,” which is a real and compensable part of your claim.
Step 6: Create a Folder for All Accident-Related Documents
The financial side of an accident can become overwhelming quickly. Start a physical or digital folder and keep every single piece of paper related to the crash. This includes all medical bills, pharmacy receipts, co-pays, and estimates for repairing or replacing your motorcycle.
Your Most Important Tool: Understanding Your Uninsured Motorist (UM) Coverage
When the at-fault driver flees the scene and remains unidentified, one critical question arises: Who pays for your damages? The answer, in most cases, lies within your motorcycle insurance policy. This is where a specific type of coverage, called Uninsured Motorist (UM) coverage, becomes the most important tool for your recovery.
What is Uninsured Motorist Coverage and Why Is It So Important?
The law and insurance companies treat a hit-and-run driver as an “uninsured motorist.” Uninsured Motorist (UM) coverage is a part of your insurance policy that you purchase to protect yourself in this exact situation. It is designed to cover your medical bills, lost earnings, and pain and suffering when you suffer an injury by a driver who has no insurance or who, as in a hit-and-run, cannot be identified.
For motorcyclists, UM coverage is especially important. Riders are far more vulnerable to serious injury in a crash. According to the NHTSA page on motorcycle safety, motorcyclists account for a disproportionately high number of traffic fatalities. Having a robust UM policy provides a vital safety net. Many states have laws that govern how this coverage is offered, so understanding the details of your policy is essential. Information from sources like the Insurance Information Institute can help explain how this coverage works.
How Do You File a UM Claim with Your Own Insurance Company?
The process for a UM claim starts right after the accident. After you have reported the hit-and-run to the police, you must also promptly notify your own insurance company that you intend to open an Uninsured Motorist claim. This is a critical step. As courts have noted, providing prompt notice to the police and your insurer is necessary to preserve your right to recover benefits under your UM policy.
Your insurance company will assign an adjuster to your claim, and you will need to provide them with the police report and other evidence you have gathered. This begins the process of negotiating a settlement for your injuries. A lawyer who handles uninsured motorist claims can manage this entire process for you.
Why Your Own Insurance Company Can Become Your Adversary
This is a point that many injured riders find shocking. You have paid your insurance premiums faithfully for years, assuming the company will be there for you when you need them most. However, when you file a UM claim, the dynamic changes completely. Your insurance company, in effect, steps into the shoes of the at-fault driver. They are no longer on your side. Their legal and financial interest is now to pay you as little as possible for your claim.
This creates a direct conflict of interest. The company you trusted to protect you is now your opponent in a legal negotiation. They will use their team of adjusters and lawyers to scrutinize every aspect of your case, looking for reasons to devalue or deny your claim. This is why having your legal representation is so important.
Common Tactics Insurers Use to Deny Motorcycle UM Claims
Because they are now in an adversarial position, insurance companies use many of the same tactics to fight a UM claim that they will use if they represent the at-fault driver. A motorcycle injury attorney is familiar with these strategies.
- The “Phantom Vehicle” Defense: The insurer might argue that there is insufficient evidence to prove another vehicle was involved.
- Blaming the Rider: They will analyze the crash details to find any way to blame you.
- Questioning Your Injuries: The adjuster will likely demand access to your medical records and may try to argue that your injuries are not as severe as you claim.
How Can an Attorney Help Find the Driver Who Fled?
While a UM claim is your primary path to compensation, finding the driver who hit you is still the best way to achieve full justice. While it can be difficult, it is not always impossible. An experienced motorcycle hit-and-run lawyer has the resources to conduct a private investigation beyond what the police can do.
Why a Police Report Is Not Enough in a Hit-and-Run Case
The police will create a report and may conduct an initial investigation. However, law enforcement agencies are often overworked and understaffed. They have many cases to handle and may not have the time or resources to dedicate to an extensive investigation for every hit-and-run.
State law requires that a driver who hits someone must stop and provide information, and fleeing the scene carries serious penalties for hit-and-run. This gives the driver a strong incentive to hide, making the search challenging.
How a Hit-and-Run Motorcycle Accident Lawyer’s Investigator Can Help
A dedicated law firm can launch a private investigation to identify the phantom vehicle. An investigator can:
- Go back to the scene to canvas the area for surveillance cameras. They will check with nearby businesses, look for traffic cameras, and ask residents if they have doorbell cameras that might have captured the vehicle before or after the crash.
- Re-interview all known witnesses to see if they remember any additional details.
- Check with local auto body and repair shops to see if any vehicles came in with suspicious damage that matches the details of your accident.
- Use social media and online forums to see if anyone in the area posted about witnessing the crash.
Why You Need a Lawyer Who Handles Hit-and-Run Motorcycle Accident Cases
A hit-and-run motorcycle accident brings a unique set of challenges that many personal injury lawyers aren’t prepared to handle. You are not just dealing with an at-fault driver, but often fighting your insurance company. You are trying to prove the existence of a driver who has disappeared. And you are doing it all while overcoming the unfair bias that many people, including insurance adjusters, hold against motorcyclists.
A motorcycle hit-and-run lawyer understands these specific challenges. They know how to properly file and manage an uninsured motorist claim. They understand the “phantom vehicle” defense and know the evidence to defeat it. A lawyer who handles uninsured motorist claims has the experience to value your case correctly and the toughness to negotiate with your insurer from a position of strength. They also have the investigative resources to give you the best possible chance of finding the driver who fled.
Contact a Hit-And-Run Motorcycle Accident Attorney Today
Being the victim of a hit-and-run accident on your motorcycle is an injustice. It is a cowardly act that leaves you alone with the physical, emotional, and financial fallout. But you do not have to face the fight for compensation by yourself. You have rights, and there are options available to support your recovery. The law provides a path forward, but walking without experienced legal guidance is difficult.
Contact an experienced motorcycle accident attorney today for a free consultation to discuss your case. They can review the facts of your accident, explain your rights, and clarify the best path forward. A consultation is free, and it is the first step toward getting the justice you deserve.