Steps to Take When Filing a Motorcycle Accident Claim

After a motorcycle accident in Connecticut, the steps you take determine the strength of your claim. You’ll need to document everything you can, get medical attention immediately, report the crash to the police, and contact a motorcycle accident attorney before you speak to any insurance company.

Goff Law Group has built a 99% success rate and recovered millions for injured riders across eight Connecticut offices. Brooke Goff, Super Lawyers Rising Stars 2017–2024 and Top 100 Trial Lawyer, leads a fierce team that knows exactly how insurers operate and how to stop them from minimizing your recovery. With 491+ five-star reviews and a reputation as Connecticut's most tenacious personal injury firm, we've guided countless riders through this process from crash scene to settlement.

In this post, we'll walk you through every step of filing a motorcycle accident claim in Connecticut: what to do, when to do it, and what to watch out for along the way.

Legal Terms to Know

• Police Report: An official record created by law enforcement at the scene of an accident. Under C.G.S. § 14-108, Connecticut drivers involved in crashes resulting in injury or property damage exceeding $1,000 are required to file a report.
• Admitting Fault: Any statement, verbal or written, that accepts responsibility for the crash. Connecticut operates under a modified comparative negligence system, meaning fault is apportioned between parties.
• Causal Link: The legal connection between the defendant's negligence and your injuries. Establishing a clear causal link through medical records, accident reconstruction, and expert testimony is essential to recovering compensation. Gaps in medical treatment, delayed care, or inconsistent records all weaken this link.
• Statute of Limitations: Connecticut gives injured riders two years from the date of the accident to file a personal injury claim, under C.G.S. § 52-584.
• Modified Comparative Negligence: Under C.G.S. § 52-572h, Connecticut reduces your compensation by your percentage of fault. You can still recover as long as you're 50% or less responsible.
• Uninsured/Underinsured Motorist Coverage (UM/UIM): Connecticut requires motorcycle insurance policies to include UM/UIM coverage unless explicitly waived in writing, per C.G.S. § 38a-336. If the at-fault driver has no insurance or insufficient coverage, your own policy may be your primary source of recovery.

Step-by-Step: Filing Your Motorcycle Accident Claim

Step 1: Prioritize Safety and Call 911

• Get to safety if you can move without worsening your injuries
• Call 911 immediately, every time, regardless of how minor the crash seems
• This gets you medical attention, and it triggers the creation of a police report
• Do not leave the scene before the police arrive
• Do not agree to handle it privately with the other driver
• Do not apologize or make any statement about fault

Step 2: Call a Motorcycle Accident Attorney

• Every conversation you have without legal representation is a risk
• Anything you say to an insurer, an adjuster, or even the other driver before you understand your rights can be used to reduce what you recover.
• At Goff Law Group, we offer free case evaluations, we're available 24/7, and we never charge a fee unless we win

Step 3: Document the Scene Thoroughly

While waiting for the police, document everything you can safely reach. Keep our evidence collection checklist on hand:

Evidence Type	What to Capture	Why It Matters
Vehicle positions	Photos from multiple angles before anything moves	Establishes point of impact and fault
Road conditions	Surface, markings, debris, skid marks	Supports or counters negligence arguments
Traffic controls	Signals, signs, crosswalks	Confirms right-of-way
Other vehicle	License plate, damage, make/model	Identifies at-fault party
Your motorcycle	All damage, final resting position	Documents collision force
Your gear	Helmet, jacket, boots — worn or not	Critical in comparative fault disputes
Injuries	Visible wounds before treatment	Connects injuries to crash
Witnesses	Names, phone numbers, brief statements	Independent corroboration of facts
Weather/lighting	Conditions at time of crash	Relevant to visibility and fault arguments

Step 4: Get a Copy of the Police Report

• Once law enforcement has filed the report, obtain a copy as soon as it's available through the Connecticut State Police or the responding municipal department
• Review it carefully
• If there are factual errors, including wrong location, incorrect description of events, or missing witness information, contact the reporting officer promptly to request a correction

Step 5: Seek Medical Attention, Even If You Feel Fine

• Go to the emergency room or urgent care the same day, even if you feel fine
• Traumatic brain injuries, internal bleeding, and spinal damage frequently present with no immediate pain
• A same-day medical record creates the causal link between the crash and your injuries
• Without it, insurers will argue your injuries were pre-existing or unrelated
• Follow every treatment recommendation
• Attend every follow-up appointment
• Keep records of every provider, prescription, and diagnosis because gaps in your treatment history are gaps in your case

Step 6: Notify Your Insurance Company

• Report the crash to your own insurance company promptly, as most policies require timely notification as a condition of coverage
• Be factual and brief
• Do not speculate about fault, minimize your injuries, or make any recorded statement without speaking to an attorney first
• If the at-fault driver is uninsured or underinsured, your UM/UIM coverage under C.G.S. § 38a-336 may become your primary path to recovery
• Rest assured, your attorney will navigate this with you

Step 7: Do Not Speak to the Other Driver's Insurance Company

• The other driver's insurer adjusters are trained to minimize payouts
• To reiterate, anything you say, including casual conversation, can be used to reduce your claim
• Do not give a recorded statement
• Do not accept any settlement offer before speaking with an attorney, because early settlement offers are almost always far below what your case is worth

Step 8: Organize and Preserve All Documentation

Document Type	Examples	Storage Tip
Crash documentation	Police report, scene photos, weather records	Digital folder, backed up to the cloud
Medical records	ER visit, diagnoses, treatment plans, prescriptions	Request copies from every provider
Financial losses	Medical bills, pay stubs, employer statements	Keep originals and digital copies
Insurance correspondence	Policy documents, claim numbers, all written communication	Date-stamp every interaction
Witness information	Names, contact details, written statements	Secure early — memories fade fast
Repair estimates	Motorcycle damage assessments	Get multiple estimates
Personal journal	Daily pain levels, limitations, emotional impact	Supports non-economic damages

Step 9: Your Attorney Investigates and Builds Your Case

• Once retained, your attorney takes over the heavy lifting. This includes:
• Securing and preserving physical evidence before it's lost
• Obtaining traffic camera and dashcam footage
• Retaining accident reconstruction experts and medical specialists
• Calculating the full value of your damages, present and future
• Identifying all liable parties, including third parties such as road maintenance entities or vehicle manufacturers
• Handling all communication with insurers on your behalf

Step 10: Demand, Negotiation, and Resolution

• Your attorney will send a formal demand letter to the at-fault party's insurer outlining your injuries, damages, and the compensation you're seeking
• From there, the process typically moves through negotiation
• Most motorcycle accident cases in Connecticut settle before trial, but the strength of your evidence and the credibility of your legal team determine whether that settlement is fair
• If the insurer refuses to negotiate in good faith, your attorney files suit

Connecticut Specifics

• Statute of Limitations: If you get injured while riding in Connecticut, you have two years from the date of the accident to file a personal injury claim according to C.G.S. § 52-584. However, if your accident was caused by a road issue, like a pothole, missing sign, or bad guardrail, and you plan to file a claim against a city or state agency, you have less time. Under C.G.S. § 13a-144, you must follow strict notice rules, and the time you have to act is very limited.
• Insurance Requirements and Coverage Gaps: Under C.G.S. § 38a-371, Connecticut requires minimum liability coverage for motorcycle operators, but minimums rarely cover the full cost of serious injuries. Understanding every available source of recovery, including your own UM/UIM coverage and, where applicable, third-party liability such as Connecticut's Dram Shop Act, C.G.S. § 30-102, is essential from day one. An experienced attorney identifies all of them.

FAQs

What if the other driver doesn't have insurance?
Connecticut requires UM/UIM coverage on motorcycle policies under C.G.S. § 38a-336 unless waived in writing. Your own policy may cover your losses.

Should I accept the insurance company's first settlement offer?
No. First offers are almost always far below the full value of your claim. Once you accept a settlement, you typically waive your right to pursue additional compensation, even if your injuries worsen. Get legal representation before you sign anything.

What damages can I recover?

• Economic damages (medical bills, lost wages, future care costs, property damage)
• Non-economic damages (pain and suffering, emotional distress, loss of enjoyment of life)
  In cases involving egregious conduct, punitive damages may also be available under C.G.S. § 52-240b

How much does it cost to hire Goff Law Group?
Nothing upfront. We work on a contingency fee basis, meaning we only get paid if you win.

What if I didn't call the police at the scene?
Report the crash as soon as possible and seek medical attention immediately. A lack of a police report weakens your case, but doesn't end it. An experienced attorney can help reconstruct the facts through other evidence.

We’re Here to Help You File Your Claim

The steps in this guide exist to protect your recovery before the other side has a chance to chip away at it. Luckily, you don't have to navigate this alone. Goff Law Group has gone toe-to-toe with insurance companies on behalf of injured riders for years, and we don't stop until you have what you deserve. Our attorneys have earned over a decade of Super Lawyers recognition, secured a $2 million jury verdict, and built a reputation as Connecticut's most tenacious personal injury firm.

We're available 24/7 and never charge a fee unless we win. Call (203) 894-6631 or book a free case evaluation online.

Disclaimer: This content is for informational purposes only and does not constitute legal advice. Reading this page does not create an attorney-client relationship. Laws vary by jurisdiction and change over time. For advice specific to your situation, please contact a licensed attorney.