What to Do After a Motorcycle Accident in California (And Why Insurers Fight These Claims Harder)
Insurance adjusters treat motorcycle accident claims differently than car accident claims, and not in your favor. Riders get blamed first and offered less, often before fault has even been established.
We’ve seen this bias play out again and again, and we know how to counter it. Our firm fights for motorcycle accident victims across California, and we don’t let an adjuster’s assumptions decide the value of your case.
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Erick Novik, Esq.
Erick is extremely passionate about issues involving injustices where there is an apparent imbalance of power. Whether the imbalance involves a large corporation or a government entity that denies responsibility and minimizes the harm they have inflicted on his clients, Erick prides himself in helping victims obtain full and complete compensation.
Why do insurance companies treat motorcycle accident claims differently?
Adjusters often start from the assumption that a motorcyclist was speeding, lane splitting improperly, or otherwise at fault, regardless of what actually happened. That bias shows up in lowball settlement offers and aggressive questioning aimed at shifting blame onto the rider. Recognizing this pattern early is the first step in fighting it.
Is lane splitting illegal in California?
No. California is the only state that explicitly permits lane splitting when done safely, under guidelines set by the California Highway Patrol. Insurance companies sometimes use lane splitting as an excuse to dispute liability even when the practice itself was legal and had nothing to do with causing the crash.
How is fault determined in a California motorcycle accident?
California follows a pure comparative negligence rule. This means that even if you were partially at fault for an accident, you still have the right to seek compensation, reduced by your percentage of fault. Our guide to California’s comparative negligence law breaks down how those percentages get calculated.
What if the driver claims they “didn’t see” the motorcycle?
This is the most common excuse insurers rely on, and it isn’t a defense. Drivers have a legal duty to check for motorcycles before changing lanes or turning. We use police reports, witness statements, and accident reconstruction to establish what the driver should have seen and when.
What compensation can you recover after a motorcycle accident?
- Medical expenses, which tend to be higher than in typical car accidents given the severity of motorcycle injuries
- Lost wages and reduced earning capacity
- Property damage to your motorcycle and gear
- Pain and suffering
California law protects your right to seek full compensation for all of these losses, not just your medical bills.
What should you do at the scene of a motorcycle accident?
- Move to safety if you’re able, and call 911 immediately.
- Get medical care even if you feel capable of walking away. Motorcycle injuries often mask their full severity in the adrenaline of the moment.
- Photograph the scene, including your bike, the other vehicle, and road conditions.
- Get the other driver’s insurance information and any witness contact details.
- Avoid discussing fault with the other driver or with an insurance adjuster before speaking with an attorney.
Injured in a motorcycle accident? We’re ready to help
The bias against riders ends the moment we take your case. You focus on healing, and we’ll handle the insurance company.
Get a Free Consultation – Call (818) 305-6041. Don’t pay any fees unless we win your case.
