Just because a motorcyclist is injured or sustains property damage due to someone else’s negligence and thinks he’s entitled to recover, it doesn’t mean that he will. The injured party must prove his case whether in the early stages of the claim or ultimately at trial. If you’re not careful, some things can slip through the cracks.
Depending on the mechanics of the accident, it may be advisable to have a private investigator and/or accident reconstructionist visit the scene as soon as practical to preserve the physical evidence by way of photographs, diagrams, film and notes. A private investigator can also canvass the area to see if any witnesses can be identified. It is also important to preserve any evidence in the possession of the other party or an independent person or entity such as a videotape that might have been taken by a nearby surveillance camera, by notifying them in writing that the item is evidence and should be preserved.
The damaged vehicles can also be important in assessing how the accident happened. We see situations where the vehicle is towed to the impound yard and the owner does not get it out in time and it ends up being sold at a lien sale. Not only is the bike lost, but the evidentiary value is lost as well. At the very least good photographs of the damage should be taken.
Damaged gear also can be important in proving your case and, if nothing else, you can seek compensation for the damages. The best way to preserve evidence of the value of personal property is to save receipts ahead of time and then take pictures of the subsequent damage to support your claim. This is especially important with after market improvements to the motorcycle. Not only will you have to prove that the parts were on the bike, but you’ll have to prove the value of those parts. Again, saving receipts and detailed invoices is the best way. If the lost or damaged items are gifts or if you don’t have receipts, you can go on line to determine the approximate value.
As an aside, be aware that if your bike is a total loss, you will only recover the market value of the bike, not what you owe on it, which means you’ll have to pay the difference. The best way to protect yourself is to purchase gap insurance that will fill the void in such instances. Without it, if the bike is totaled, you’ll end up paying off the loan even though you no longer have the bike.
Although it may seem obvious, if you are injured, you have to produce evidence of your injuries and the medical expenses incurred. Do not expect to obtain a meaningful recovery for your injuries without medical documentation. While there’s nothing wrong with self treating if it’s medically advisable, you will have a difficult time proving your damages without medical records. You should also take photographs of all visible injuries, including any remaining scarring.
Lastly, if you expect to recover for missed time from work, ask your treating doctor to confirm in his records or by way of a letter that he ordered you off work or that it was medically reasonable for you to take the time off. You should also get a letter from your employer, setting forth your job title, salary and the time you missed.
