Posted in Motorcycle Accidents on November 20, 2025
As a passenger on a motorcycle, are you able to file a claim for your injuries as a result of an accident? Yes, you are eligible to file a claim against the responsible party in the same way as anyone else injured is able to file a claim. If you have questions about your rights, you should discuss them with a Long Beach motorcycle accident attorney from Harting Simkins & Ryan, LLP.
How to File a Motorcycle Accident Claim as a Passenger
The process of filing a claim after a motorcycle accident is similar to that of any other driver or vehicle passenger. The first step is to ensure you have the contact information for everyone involved. In most cases, as a passenger involved in the accident, you should be able to obtain the police report from the accident to pursue damages from the accident. Once you have the information, you may need to evidence to support your injury case.
Get Photos of the Scene
If you are able, take photos of the accident scene. Damage to the bike, the other vehicle, damage to other property, and even skidmarks on the road. This can help support your narrative of what happened.
Seek Immediate Medical Attention
Regardless of whether you think you’ve sustained significant injuries, you should seek an evaluation by a medical provider. They can help you identify possible hidden injuries and document those that are already evident.
Keep Thorough Documentation
Motorcycle accident cases often come with higher price tags due to the chances of more severe injuries. This makes insurance companies more likely to push back on your claim to decrease the payout amounts. Meticulous and accurate documentation can be key to maximizing the compensation you are able to recover.
Speak With an Attorney
Oftentimes, whether the motorcycle driver or another vehicle was responsible for the accident, you may benefit from speaking with an attorney. If you and the motorcycle driver were injured due to another party’s negligence, you may find that it is easier to handle your cases with the same attorney.
If the motorcycle driver was responsible, you may be unsure of how to continue since you are likely close to the person in some way. An accident attorney in Long Beach can help you understand your options with the insurance company and keep you and the driver relatively separate, allowing you to minimize interpersonal conflict with the driver while also protecting your ability to recover compensation.
Barriers to a Motorcycle Accident Claim as a Passenger
While you are just as eligible for compensation after an accident as the driver or other passengers, you must stay aware of the same restrictions:
- Comparative Negligence: Your compensation can be reduced by the percentage of fault you assume if you bear any responsibility for the accident.
- Statute of Limitations: California imposes a 2-year statute of limitations in most situations
- Lack of familiarity with negotiating with insurance companies.
When you work with an attorney, we can help you navigate these challenges by defending allegations of responsibility for the wreck and ensuring you have an accurate understanding of how long you have to file a claim. For example, you may only have 6 months to file a claim against a government entity.