A motorcycle crash flips your life sideways in seconds. The bike is broken. You hurt. The other driver might be saying things that don’t match what happened. Insurance adjusters are going to call before you’ve finished sleeping it off. Your job over the next few weeks is to protect yourself, your case, and your recovery.
This guide walks through what to do in order. Read it now if you ride. Send it to anyone who does.
Right Now: At the Scene
If you can move and you’re not bleeding badly:
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Get to a safe location. A motorcycle on the road is a secondary crash hazard. If you’re conscious and mobile, get yourself and the bike off the travel lane. Don’t try to ride it. Push it or have someone help you.
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Call 911. Even if you think the crash is minor. Arizona requires a police report for any crash involving injury. The report becomes the foundation document for every insurance claim and legal action that follows. Don’t skip it.
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Don’t apologize. This sounds harsh. It’s important. Anything you say at the scene can be used against you later. “I’m sorry” gets recorded as an admission of fault. Stick to factual answers when officers ask what happened. Save your reactions for after the police report is written.
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Take pictures of everything. Your phone is the most important tool you have. Photograph: the position of the vehicles before they’re moved, the damage to the bike from multiple angles, the damage to the other vehicle, the road conditions, any debris or skid marks, the surrounding area, traffic signs and signals, the other driver’s license plate, the other driver’s insurance card.
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Get the other driver’s information. Name, address, phone number, driver’s license number, license plate, insurance company name, policy number, and vehicle make/model/year. Take a picture of their insurance card and license. Don’t trust verbal recitation.
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Get witnesses. Anyone who saw the crash should give you their name and phone number. Witness testimony makes or breaks fault disputes. Memories fade fast. Get the contact info before they leave.
- Don’t admit fault or say “I’m sorry”
- Don’t refuse medical attention if it’s offered
- Don’t agree to settle anything with the other driver “off the books”
- Don’t post about the crash on social media, period
- Don’t give a recorded statement to ANY insurance company at the scene
In the First 24 Hours
Get medical attention
Even if you feel okay. Adrenaline masks pain. Soft tissue injuries, concussions, internal bleeding, and spinal injuries often don’t show symptoms for hours or days. The medical record connecting your treatment to the crash date is essential for any insurance claim. If you skip the ER and try to “tough it out,” then go to a doctor a week later when something hurts, the insurance company will argue the injury isn’t related to the crash.
If the EMTs at the scene want to transport you, go. If they say you’re okay but you’re sore, drive yourself to an urgent care or ER within a few hours.
Get a copy of the crash report
Arizona crash reports are available through the responding agency (DPS for highways, local PD for city streets). It usually takes a few business days to be filed. Request it as soon as it’s available. The report contains the officer’s diagram, witness statements, and the determination of contributing factors.
Notify your insurance
Your own insurance company. Not the other driver’s. Tell them a crash occurred, give them the basic facts, and tell them you’ll provide more details after you’ve seen a doctor. Your policy almost certainly requires prompt notification. Don’t delay this step.
Don’t talk to the other driver’s insurance
They will call you within 24 to 48 hours. They will sound friendly. They will ask if they can record the conversation. They will ask for your version of events. Don’t engage.
Politely decline to give a recorded statement and tell them all communication should go through your attorney once you have one. If you don’t have one yet, tell them you’ll be in touch.
In the First Week
Document your injuries
Take daily photos of visible injuries (bruising, road rash, swelling). Keep a written or voice memo journal of pain levels, sleep disruption, mobility limits, medications, and how the injury is affecting daily life. This documentation becomes critical evidence for non-economic damages later.
Save everything
Receipts for medical care, prescriptions, mileage to and from medical appointments, time off work, towing fees, anything related to the crash. Your damages claim is built from these records.
Get the bike inspected
If your bike is a total loss, the insurance company will want to declare it and pay you actual cash value. Have an independent shop estimate the damage before accepting any settlement. The first offer is almost never the best offer.
Talk to a lawyer
Most Arizona personal injury attorneys take motorcycle crash cases on contingency, which means the fee comes out of the recovery rather than out of pocket. The initial intake identifies whether a claim is supportable, what it’s likely worth, and whether representation is warranted.
For minor injuries with clean insurance, a lawyer may not be necessary. For serious injuries, contested fault, or commercial vehicles, representation matters. AZ Law Now can be reached at (602) 654-0202 or through the contact form.
In the First Month
Follow your medical treatment plan
Go to every appointment. Do every recommended therapy. Take prescribed medication. Insurance defense lawyers pounce on “treatment gaps” as evidence the injury isn’t serious. A two-week gap in treatment can cost you tens of thousands of dollars in settlement value.
Track your lost wages
Get documentation from your employer of every day missed, every hour of reduced capacity, and any required accommodations. Self-employed riders should document lost contracts, missed billable hours, or reduced productivity.
Don’t accept early settlement offers
Insurance companies often offer “quick settlements” within a few weeks of a crash. These offers are designed to close out the claim before the rider knows the full extent of their injuries. Once you accept and sign a release, you can’t come back for more even if your condition gets worse.
Wait until you’ve reached maximum medical improvement (MMI) or have a clear treatment trajectory before accepting any settlement.
Document your story
Write down everything you remember about the crash while it’s fresh. The other driver’s behavior, the road conditions, the lighting, what you saw, what they did, how it felt. This statement won’t go to the insurance company, but it will help your lawyer build the case and refresh your memory months later when depositions happen.
What to Expect From Insurance
Insurance companies aren’t your friends. They’re businesses. Their job is to pay as little as possible to close out your claim. The friendly adjuster who calls you the day after the crash isn’t trying to help you. They’re trying to gather information that will reduce what they owe.
Common insurance tactics motorcycle riders should know about:
- Quick lowball settlement offers. Often within a week of the crash.
- Recorded statement requests. Designed to create inconsistencies they can use later.
- Medical authorization requests. They want access to your entire medical history to find pre-existing conditions they can blame.
- Surveillance. Yes, they hire investigators to film injured claimants. Be honest about your limitations and consistent in how you describe them.
- Helmet arguments. If you weren’t wearing one, they will use it to reduce damages.
- “Comparative fault” arguments. They’ll try to assign you a percentage of blame for the crash, which reduces their payout. See Arizona motorcycle law for how this works.
The single best protection against these tactics is having an attorney handle all communication. Adjusters take rider claims more seriously when there’s a lawyer in the picture. Settlement offers go up. Deceptive tactics decrease.
The Maricopa County Court Process
If your case doesn’t settle with insurance, it gets filed in Maricopa County Superior Court when damages exceed $10,000. Most serious motorcycle injury cases clear that threshold in the first week of treatment. The civil complaint is served on the at-fault driver and any other potentially liable parties.
Discovery runs for six to nine months: both sides exchange documents, take depositions, and hire experts. Accident reconstructionists, orthopedic surgeons, and sometimes vocational experts testify about fault and damages. Mediation often happens in month 12 to 18. If the case doesn’t settle, trial follows in months 18 to 24.
Arizona’s two-year statute of limitations under A.R.S. 12-542 is the outer deadline to file suit, but the real deadlines are shorter. ELD data on commercial vehicles overwrites in days. Surveillance footage at intersections overwrites in 30 days or less.
Insurance companies start documenting their version of the crash within 24 hours. The earlier an attorney sends preservation letters and begins the investigation, the more evidence survives to trial or settlement.
When to Call a Lawyer
Call us if any of the following are true:
- You were seriously injured (broken bones, head injury, surgery required, hospital admission)
- The at-fault driver is blaming you or denying responsibility
- A commercial vehicle was involved (truck, delivery, rideshare)
- The other driver was uninsured or underinsured
- Insurance is offering less than your medical bills
- You’re missing significant time from work
- You’re being asked to give a recorded statement
- You’re being asked to sign a release
Confidential intake. (602) 654-0202.
Frequently asked questions
What should I do immediately after a motorcycle crash?
Should I talk to the other driver's insurance company?
Do I need a lawyer for a motorcycle crash in Arizona?
How long do I have to file a motorcycle crash lawsuit in Arizona?
What if I wasn't wearing a helmet?
Sources & references
- Arizona State Legislature. (2025). ARS 12-542: Two-Year Statute of Limitations https://www.azleg.gov/ars/12/00542.htm
- Arizona State Legislature. (2025). ARS 28-964: Motorcycle Helmet Requirements https://www.azleg.gov/ars/28/00964.htm
- Arizona Department of Transportation. (2025). 2024 Arizona Motor Vehicle Crash Facts https://azdot.gov/sites/default/files/2025-07/2024-Crash-Facts.pdf
- National Highway Traffic Safety Administration. (2025). Fatality Analysis Reporting System (FARS) https://www.nhtsa.gov/research-data/fatality-analysis-reporting-system-fars