The crash happens fast. One second we’re riding through Los Angeles traffic, the next we’re on the shoulder, shaken up, trying to breathe through the shock. Then the phone rings. An insurance adjuster wants a statement, wants to “get this wrapped up,” and might even sound kind.
That first call can shape the entire claim. What we say, what we sign, and what we do medically in the first days can protect our health and our financial future, or quietly weaken both.
In this guide, we’ll walk through what to do before talking to insurance, how to handle recorded statements and quick settlement offers, what documents matter, how California’s comparative negligence rules can reduce payouts, and when it’s time to bring in a Los Angeles motorcycle accident lawyer to take the pressure off.
What to do before we talk to any insurance adjuster
Before we argue about fault or dollars, we need to protect the foundation of the claim: our medical proof, our timeline, and our evidence. Insurance companies build defenses early, and small gaps can become big arguments later.
Get medical care fast, even if we feel okay
After a motorcycle crash, adrenaline can act like a loud bandage. Pain may show up hours later, or days later, especially with concussions, back injuries, soft tissue damage, and internal bruising.
Early treatment matters for two reasons:
- Health: Hidden injuries get worse when we “tough it out.”
- Proof: Delayed care gives the insurer room to say the injury came from something else (a workout, an old injury, “normal soreness”).
We also want a clean paper trail. Follow-up visits, physical therapy notes, imaging results, and a consistent treatment plan help show the real impact of the crash.
What we should save from day one: every ER or urgent care discharge sheet, prescriptions, mileage to appointments, medical bills, and work notes. If a doctor recommends follow-up care, we should go. Skipping appointments is one of the easiest ways for an insurer to argue we must not have been hurt.
Build our evidence file from day one
Insurance decisions often come down to documentation, not opinions. The easiest time to gather evidence is right away, while marks on the road are fresh and videos still exist.
Here’s what we try to collect (or ask someone to collect for us if we’re injured):
- Photos of the scene from multiple angles (lanes, signals, skid marks, debris)
- Photos of the motorcycle and the other vehicle, including plates and damage points
- Photos of our helmet, gear, and visible injuries
- Names and contact info for witnesses
- Video sources (dash cams, nearby businesses, traffic cameras, doorbell cameras)
- Notes about road hazards (potholes, gravel, construction plates, missing signage)
In Los Angeles, we see wrecks around high-traffic corridors like the 405, the 101, and busy surface streets such as Ventura Blvd, Sepulveda Blvd, Sunset Blvd, and Santa Monica Blvd. Crowded lanes and fast merges often mean the story of the crash lives in angles, distances, and timing, not in what anyone “felt.”
We also want the right reports:
- If there’s injury, a hit-and-run, suspected DUI, or major damage, calling law enforcement is usually the safer path for documentation.
- California has a DMV reporting rule many riders don’t know: if the crash caused injury or death, or more than $1,000 in property damage, we generally must file a DMV SR-1 report within 10 days.
One more thing: at the scene, we should avoid apologizing or guessing fault. Even a polite “I’m sorry” can be twisted into an admission later.
How to deal with the at-fault driver’s insurance company (and protect our claim)
The at-fault driver’s insurer isn’t our teammate. Their job is to pay as little as they can, as fast as they can, while still closing the file. That’s why first offers are often low, and why adjusters push for recorded statements early.
What to say, what not to say, and how to handle a recorded statement
We can be cooperative without giving up control. On the first call, we’re allowed to limit the conversation to basics.
A simple script we can use:
“Hi, we’re willing to confirm basic information. Please give us your name, phone number, email, and the claim number. We’re still getting medical care, so we won’t discuss injuries or give a recorded statement today. We’ll follow up in writing once we have more information.”
What we should not do on that first call:
- Don’t guess speeds, distances, or timing
- Don’t say “we’re fine” or “we’re okay” if we haven’t been fully checked
- Don’t agree to a recorded statement just because they ask
- Don’t sign broad medical authorizations that give them unlimited access to our history
If a recorded statement is happening anyway, we keep answers short, factual, and limited. If we don’t know, we say we don’t know. If we haven’t reviewed records, we say we haven’t reviewed them.
Also, we should assume social media will be watched. A smiling photo at dinner doesn’t mean we weren’t injured, but insurers love to argue it does.
How to evaluate a settlement offer before we accept
A settlement can feel like relief, until we learn what it really is: a release. Once we sign, the claim is usually over, even if we need surgery later.
Before we accept anything, we want to understand the full cost of the crash, not just today’s bills. A fair offer should account for:
- Current medical bills and projected treatment
- Lost wages and reduced earning ability
- Pain, limits on daily life, and sleep disruption
- Motorcycle repair or total loss value
- Out-of-pocket costs (meds, rides, copays, gear replacement)
In larger injury cases, damage math can involve medical experts, economists, and life care planners. That’s normal when future care or long-term limits are on the table.
A quick checklist we use before signing:
| Question to answer | Why it matters |
|---|---|
| Have we finished treatment or reached a stable point? | Settling too early can leave future bills unpaid |
| Do we know our total time off work? | Lost income is often bigger than expected |
| Do we have all medical records and itemized bills? | Insurers discount claims without documentation |
| Are there future needs (PT, injections, surgery)? | Future care should be part of the demand |
| Are we being blamed for part of the crash? | Comparative fault can reduce the final payout |
Illustration only (not a promise): if our medical bills are $28,000, we miss $9,000 in wages, and we need $6,000 in future therapy, a “quick” $25,000 offer isn’t even covering the hard costs, let alone pain and disruption.
What insurance companies look for, and how California law can reduce our payout
Insurance negotiations aren’t just about injuries. They’re also about liability and whether the insurer can pin part of the blame on us. In California, that matters a lot.
Comparative negligence in California, why partial fault still matters
California uses a comparative negligence system. That means we can still recover money even if we were partly at fault, but our compensation can be reduced by our share of fault.
A simple example:
- Total damages: $100,000
- We’re found 20% at fault
- Potential recovery: $80,000
This is where a full investigation helps. Insurers may try to shift blame onto riders by leaning on stereotypes, quick assumptions, or incomplete police notes. When we build a strong evidence file, we give ourselves a real chance to push back on unfair fault arguments.
Helmet use, lane splitting, and other issues insurers use to argue fault
In California, helmets are mandatory. California Vehicle Code section 27803 requires riders and passengers to wear a DOT-compliant helmet. If we weren’t wearing one, an insurer may argue that our injuries were worse because of that choice, and try to reduce what they pay.
Lane splitting is legal in California, but “legal” doesn’t mean the insurer won’t argue it was unsafe. They may claim we were going too fast for the traffic speed, riding between the wrong lanes, or riding in a risky spot near an on-ramp.
That’s why proof matters. Photos, witness statements, video, and sometimes expert review can show what speed and spacing actually looked like, instead of letting the insurer write the story.
For a deeper look at rider rules that can affect claims, we recommend our California motorcycle laws guide for riders.
When we should hire a Los Angeles motorcycle accident attorney, and what a lawyer handles for us
Some claims are manageable alone. Many aren’t, especially when the insurer gets aggressive or the injuries aren’t simple. When the stakes rise, having legal help often means we can focus on healing while someone else handles the pressure.
If we want to learn more about how we handle these cases, we can start here: Los Angeles motorcycle accident attorneys.
Red flags that mean we should not negotiate alone
We usually suggest getting legal help when we see:
- Serious injuries, surgery, fractures, or head and spine symptoms
- Fault disputes, lane splitting disputes, or multiple vehicles involved
- Pressure for a recorded statement right away
- A fast, low offer before we even finish treatment
- Gaps in care that the insurer may try to use against us
- Uninsured drivers, commercial vehicles, or rideshare involvement
Insurers often push harder when they think we’re unrepresented. Once a lawyer is involved, communication tends to change, and the case is handled more carefully.
What we do for clients, from investigation to settlement or trial
When we represent injured riders, we take over the work that drains time and energy:
- Gathering police reports and DMV and claim paperwork
- Interviewing witnesses and preserving video before it disappears
- Collecting medical records and organizing bills
- Working with reconstruction experts when facts are disputed
- Calculating damages (medical, wage loss, future needs, pain and suffering)
- Handling all insurer calls, emails, and negotiation
- Managing liens and reimbursement claims that can cut into the settlement
- Filing suit when the insurer won’t act reasonably
Deadlines matter. In California, the statute of limitations is generally two years for personal injury lawsuits. Property damage lawsuits are generally three years. Some cases have shorter timelines, like claims involving government entities.
Timeline expectations: some cases settle in months, others take longer. Things that can slow a case include ongoing medical treatment, unclear fault, delayed records, or low policy limits. Things that speed it up include clear liability, complete documentation, and stable medical outcomes.
Clients also ask about cost. Most injury firms work on contingency, meaning there’s no fee unless we win. Here’s our detailed breakdown on motorcycle accident lawyer cost guide.
We also believe communication shouldn’t be a luxury. Our clients get direct attorney access and real updates, not radio silence. If you want to meet the people behind that approach, you can start with our CPIA Los Angeles personal injury law team.
FAQs about dealing with insurance after a motorcycle accident
Should we talk to the other driver’s insurance at all?
Yes, but we keep it basic. We confirm contact details, get a claim number, and avoid detailed injury talk until we know more.
Can we still get compensation if we were partly at fault?
Often, yes. California allows recovery with shared fault, but the payout may be reduced by the percentage assigned to us.
What if the adjuster sounds helpful and says they just “need a statement”?
Statements can be used to limit or deny claims. We don’t guess, we don’t downplay pain, and we don’t agree to recording under pressure.
Do we have to sign medical releases?
Not automatically. Broad authorizations can expose unrelated history that insurers may misuse, we prefer controlled, relevant record sharing.
What damages can we pursue in a motorcycle injury claim?
Common categories include medical costs, lost income, pain and suffering, property damage, and out-of-pocket expenses tied to the crash.
Why don’t online settlement calculators help?
They can’t measure comparative fault, future care needs, insurance limits, or how documentation and evidence affect value.
Conclusion
After a Los Angeles motorcycle crash, insurance companies move fast because speed helps them. We protect ourselves by getting medical care right away, documenting everything, and being careful with statements, releases, and early settlement offers. We also keep California comparative negligence in mind, because blame arguments can shrink a payout even when the other driver caused the wreck.
If we’re facing serious injuries, pressure from adjusters, or any dispute about fault, it’s time to talk to a lawyer. We offer free consultations, we’re available 24/7, and we work on a contingency fee, so there’s no fee unless we win. The goal is simple: let you focus on recovery while we handle the insurance fight.