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Getting hit by a car while riding a motorcycle is one of the most terrifying things that can happen on the road. One moment you are riding. The next, a car has crossed into your lane, turned in front of you, or rear-ended you at a stoplight. Unlike a car-on-car collision where both parties walk away from fender benders, a motorcycle-versus-car crash almost always results in serious injuries for the rider.
If this has happened to you, the hours and days after the accident will be confusing. You will have questions about who pays for your medical bills, how insurance works when a motorcycle is involved, and whether you can afford to take the time needed to recover. The answers are different for motorcyclists than for drivers of passenger vehicles, and not in ways that favor the rider.
Kiley Law Group has represented more than 1,000 injured motorcyclists across Massachusetts and New Hampshire. Attorney Tom Kiley, Sr. has been a rider since his first Harley in 1975. We know the challenges riders face after an accident, and we know how to fight the insurance companies. Call 888-516-2459 for a free consultation.
In the majority of car-versus-motorcycle accidents, the driver of the car is at fault. NHTSA data shows that in multi-vehicle motorcycle crashes, the other driver is responsible in approximately 60% to 70% of cases. The most common driver errors include failing to yield the right of way, making left turns into the path of an oncoming motorcycle, and following too closely.
Fault in Massachusetts is determined by the legal standard of negligence. The driver who failed to exercise reasonable care on the road is liable for the injuries they caused. Common scenarios where the car driver is at fault include:
However, insurance companies will often try to argue that the motorcyclist shares fault. Massachusetts is a comparative negligence state under Mass. Gen. Laws Ch. 231, §85. This means that if you are found partially at fault, your compensation is reduced by your percentage of responsibility. If you are found more than 50% at fault, you cannot recover damages at all. Insurance adjusters know this rule, and they use it aggressively against riders.
This is where things get complicated for riders, and where many motorcyclists are caught off guard.
Massachusetts is a no-fault auto insurance state, which means that after a car accident, your own insurance pays for your initial medical expenses through Personal Injury Protection (PIP) coverage, regardless of who caused the crash. But motorcycles are excluded from the no-fault system. PIP coverage does not apply to motorcycle accidents.
This means that as a motorcyclist, you cannot rely on your own PIP coverage to pay your medical bills after being hit by a car. You will need to pursue your claim directly against the at-fault driver's liability insurance from the start.
When a car hits a motorcycle and the driver is at fault, the driver's bodily injury liability coverage is the primary source of compensation for the injured rider. Massachusetts requires all drivers to carry a minimum of $20,000 per person and $40,000 per accident in bodily injury liability coverage. Many drivers carry higher limits, but many do not.
If your injuries exceed the at-fault driver's policy limits, which is common in motorcycle accidents involving broken bones, road rash, or head injuries, you may need to look to other sources of coverage.
Uninsured motorist (UM) and underinsured motorist (UIM) coverage on your own motorcycle insurance policy is one of the most important protections a rider can carry. If the at-fault driver has no insurance, your UM coverage steps in. If the at-fault driver's policy limits are not enough to cover your damages, your UIM coverage pays the difference up to your own policy limits.
Massachusetts law requires insurers to offer UM/UIM coverage to all motorcycle policyholders. If you declined this coverage when you purchased your policy, you may have limited options when the at-fault driver's coverage falls short.
Medical Payments coverage (MedPay) is an optional coverage available on Massachusetts motorcycle insurance policies. MedPay pays your medical expenses regardless of who was at fault, up to the policy limit. It functions similarly to PIP but is purchased separately and voluntarily. If you carry MedPay on your motorcycle policy, it can help cover immediate medical costs while you pursue your claim against the at-fault driver. If you do not currently carry MedPay, consider adding it to your policy.
Your private health insurance will likely be your first line of defense for medical bill payment while your claim against the at-fault driver is pending. Your health insurer may have a subrogation right, meaning they can seek reimbursement from your eventual settlement. An experienced motorcycle accident attorney can negotiate these subrogation claims to maximize the amount you keep from your settlement.
The steps you take in the minutes and hours after a motorcycle accident can make or break your claim. Here is what you should do:
If you are able to move, get out of the road and call 911 immediately. A police report is critical evidence in any motorcycle accident claim. The responding officer will document the scene, take statements from both parties and witnesses, and note any traffic violations. Do not leave the scene, even if your injuries seem minor at first.
Adrenaline can mask serious injuries. Broken ribs, internal bleeding, and concussions are common in motorcycle accidents and may not produce symptoms for hours or even days. Go to the emergency room or urgent care as soon as possible, even if you think you are okay. Medical records that begin on the day of the accident create a direct link between the crash and your injuries. Gaps in treatment give insurance companies an opening to argue that your injuries were not caused by the accident.
If you are physically able, use your phone to take photos and video of the crash scene, including the positions of the vehicles, damage to your motorcycle, the at-fault vehicle's damage, any road conditions that contributed to the crash, your injuries (road rash, torn clothing, broken helmet), and the license plate and insurance card of the other driver. Get contact information from any witnesses.
The at-fault driver's insurance company will call you quickly, sometimes within hours of the accident. They will sound sympathetic and reasonable. They will ask to take a recorded statement. Do not agree to this. Insurance adjusters are trained to ask questions designed to elicit answers that can be used to reduce or deny your claim. You are not required to give a recorded statement to the other driver's insurer, and doing so almost always hurts your case.
Insurance companies treat motorcycle accident claims differently than car accident claims. They assume juries are biased against riders, and they adjust their offers accordingly. An experienced motorcycle accident attorney understands these tactics and knows how to counter them. The sooner you have legal representation, the better protected your claim will be.
If you have been hit by a car while riding your motorcycle, you should know what to expect from the insurance company. Their goal is to pay as little as possible. Here are the tactics they use:
Insurance adjusters will look for any reason to assign fault to the motorcyclist. Were you exceeding the speed limit? Were you wearing all-black clothing? Did you have a modified exhaust? Were you lane filtering at a light? They will use anything they can find, relevant or not, to argue comparative fault under Mass. Gen. Laws Ch. 231, §85 and reduce your compensation.
Even when the driver's fault is clear, insurers will dispute the severity of your injuries. They will argue that your road rash was minor, that your broken bones should have healed faster, or that your ongoing pain is unrelated to the accident. They will request access to your entire medical history, looking for pre-existing conditions they can blame instead of the crash.
The first settlement offer from an insurance company is almost never a fair offer. It is a test. They want to see if you will accept a quick payout before you understand the full extent of your injuries and damages. Riders who are struggling with medical bills and lost wages are particularly vulnerable to accepting lowball offers.
Insurance companies know that time is on their side. The longer the claims process drags on, the more financial pressure builds on the injured rider. They delay by requesting additional documentation, scheduling unnecessary independent medical exams, and simply not returning phone calls. This is a deliberate strategy to wear you down.
If a car hit you while you were riding your motorcycle and the driver was at fault, you may be entitled to compensation for:
In cases involving extreme recklessness, such as a drunk driver striking a motorcyclist, Massachusetts courts may consider additional compensation. If the accident resulted in a fatality, surviving family members may pursue a wrongful death claim under Mass. Gen. Laws Ch. 229.
Massachusetts imposes a three-year statute of limitations for personal injury claims, including motorcycle accident cases (Mass. Gen. Laws Ch. 260, §2A). This means you have three years from the date of the accident to file a lawsuit. If you miss this deadline, you lose your right to seek compensation permanently.
Three years may sound like a long time, but evidence degrades, witnesses forget, and medical records become harder to compile. The insurance company knows exactly when your deadline is. Starting the process early puts you in a stronger negotiating position and ensures your attorney has time to build the best possible case.
The at-fault driver's bodily injury liability insurance is the primary source of compensation for an injured motorcyclist. Because motorcycles are excluded from Massachusetts no-fault insurance and PIP coverage, you must pursue your claim directly against the driver who caused the accident. Your own UM/UIM and MedPay coverage may supplement the at-fault driver's policy if their limits are insufficient.
Yes, as long as you were not more than 50% at fault for the accident. Massachusetts follows a modified comparative negligence rule under Mass. Gen. Laws Ch. 231, §85. Your compensation is reduced by your percentage of fault. For example, if you were 20% at fault and your damages total $100,000, you would recover $80,000.
If the at-fault driver is uninsured, your own uninsured motorist (UM) coverage steps in to cover your damages, up to your policy limits. This is why UM coverage is so important for motorcyclists. If you do not carry UM coverage and the at-fault driver has no insurance, your options for recovery may be limited to a direct lawsuit against the driver personally.
You are not legally required to hire an attorney, but motorcycle accident claims are among the most aggressively disputed by insurance companies. Insurers exploit anti-rider bias and use the comparative fault system to reduce payouts. An experienced motorcycle accident attorney understands these tactics and can negotiate for the full value of your claim or take the case to trial if necessary.
There is no single average because every case depends on the severity of injuries, the available insurance coverage, and the specific facts of the crash. Motorcycle accidents tend to produce higher settlements than car accidents because the injuries are more severe. Cases involving broken bones, road rash requiring skin grafts, or traumatic brain injuries commonly result in settlements well into six figures. A motorcycle accident attorney can evaluate your specific case and provide a realistic range.
When a car hits a motorcyclist, the rider pays the price. The injuries are more severe, the insurance situation is more complicated, and the insurance company's playbook is more aggressive. You need an attorney who understands the unique challenges motorcyclists face.
Kiley Law Group has been fighting for injured riders across Massachusetts and New Hampshire for over 50 years. Tom Kiley, Sr. has been riding since 1975, has attended Sturgis for over 20 years, and has personally represented more than 1,000 motorcyclists and their families. We take motorcycle accident cases on a contingency basis, which means you pay nothing unless we recover compensation for you.
Call 888-516-2459 today for a free consultation, or contact us online.
This page is for general informational purposes only and does not constitute legal advice. Massachusetts law cited includes Mass. Gen. Laws Ch. 231, §85 (comparative negligence), Ch. 260, §2A (statute of limitations), Ch. 90, §14 (dooring), and Ch. 229 (wrongful death). Insurance coverage requirements referenced reflect current Massachusetts minimums. Laws and insurance requirements change; consult a licensed Massachusetts attorney for advice specific to your situation.
