Screwed Over After a Motorcycle Crash in New York? Don’t Make It Worse.

Getting hit on your bike is bad enough. But getting hit, then making a mistake that wrecks your claim? That’s the part no one warns you about.

In New York, riders already face unfair assumptions. Some cops don’t take the time to get your side. Some insurance adjusters act like you chose to get hurt. And if you’re not careful, small missteps right after your crash can cost you big later.

At Horn Wright, LLP, our motorcycle accident attorneys have helped riders all across New York—from Albany to Astoria—clean up legal messes they didn’t even know they made. We’ll help you avoid the landmines others miss, and we’ll fight to make sure your side actually gets heard.

The 5 Dumbest Mistakes Riders Make After a Wreck (And How to Avoid Them)

No judgment—when you’re dazed, bleeding, or panicking after a crash, you’re not exactly thinking clearly. But what you do in those first few minutes (and days) can shape your entire claim. Let’s break down the top five mistakes we see riders make again and again in New York.

1. Leaving the scene without gathering key evidence

Even if you’re shaken, if you’re physically able to move safely, get:

• Photos of both vehicles, especially where they made contact
• License plate numbers
• Street signs or intersections (especially in NYC where angles and lanes matter)
• Contact info for witnesses

Don’t assume the police will get everything. In high-traffic areas like the Bronx or Queens, officers may be stretched thin and miss details that later turn out to be crucial.

2. Trusting the other driver’s version of events

They might sound friendly. They might even apologize at the scene. But don’t assume that will hold up later. In fact, many New York riders report that the same drivers who admitted fault in person changed their story once insurance got involved.

Protect yourself. Get their statement in writing or recorded (if you can do it safely). Or better yet, let the police report reflect what happened.

3. Admitting fault too quickly

Saying things like “I didn’t see them” or “I might’ve been speeding” can haunt you later. You’re allowed to be honest without blaming yourself.

New York uses pure comparative negligence, which means even a small admission can be used to reduce your payout. Let investigators sort out fault. You don’t have to provide that answer on the spot.

4. Skipping that hospital visit

You’re sore, but nothing’s broken. So you go home. Bad move.

In New York, delayed medical care can tank your claim. Insurance companies may argue you weren’t really hurt or that your injuries came from something else. Get checked out the same day, even if it’s just urgent care. That initial medical report becomes Exhibit A in your recovery.

5. Talking to insurance before talking to a lawyer

They’ll sound helpful. Like they’re just “gathering information.” But the moment you go on record, they’ll start picking apart your words.

We’ve seen riders in Buffalo, Rochester, and Staten Island lose thousands because of what they said in a rushed phone call. Don’t risk it. Talk to someone who actually understands motorcycle crash law in New York first.

Posting After Your Crash? You Might’ve Just Torched Your Claim.

Social media feels harmless—until it costs you real money. We get it, you want to let friends know you're okay. Maybe post a picture of your scraped-up bike or a hospital wristband. But here’s the thing: insurance companies watch everything.

Even “just a selfie” can be used to downplay your injuries

One Brooklyn rider posted a photo smiling in the ER with the caption, “Still here, still tough.” His insurer used that to argue he wasn’t in significant pain and denied part of his claim.

Photos of you walking, laughing, or doing anything physical—even if you’re masking pain—can be twisted out of context.

Insurers in New York do monitor your online life

Don’t assume your Instagram or Facebook is private. Claims adjusters can and do track public posts, follow mutual connections, and screenshot content. If it looks like you’re “fine,” they may argue that your injuries aren’t worth much.

Some companies even hire private investigators in larger cases. What you post matters.

Why deleting posts can hurt more than help

Once your claim starts, deleting social content can look shady. In legal terms, it may even be considered destroying evidence. Instead:

• Set your profiles to private
• Stop posting until your case is resolved
• Screenshot anything you think could help your claim, not hurt it

Medical Records Can Make or Break Your Case—Here’s What Most Riders Miss

Medical records aren’t just bills—they’re the backbone of your injury claim. But even small gaps or inconsistencies can lead to serious doubt from insurance companies or juries.

Gaps in treatment that make it seem like you're not really hurt

Say you go to the ER on the day of the crash, but then skip a few weeks before following up. That gap can hurt you. Adjusters may say, “If they were really injured, they would’ve gone back sooner.”

Consistent care from Day 1 strengthens your case. In fact, riders in upstate NY who kept weekly PT appointments saw 25–40% higher settlement offers than those who delayed care.

Conflicting medical notes that raise red flags

Sometimes, one doctor notes "severe pain," while another mentions "mild discomfort." That inconsistency—especially if the second note comes from a general practitioner unfamiliar with your crash—can create a mess in court.

Solution: Be honest and consistent when reporting symptoms. Keep a journal of what hurts and when. Bring it with you to appointments to help your doctors track your condition accurately.

Doctors who aren’t familiar with motorcycle injury claims

Not all providers understand how bike crashes affect the body. Your injuries may require care from:

• Orthopedic trauma specialists
• Neurologists if you hit your head
• Pain management doctors for nerve or spinal issues

A doctor who’s worked with riders before will know how to document injuries that don’t always show up on standard tests but still cause real suffering.

We Help Riders Fix Mistakes and Win What They Deserve

If you’ve already made one of these mistakes, don’t panic. A smart legal team can often work backwards, clean up the record, and still build a strong case. But it takes experience—and it takes action.

At Horn Wright, LLP, our motorcycle accident attorneys help riders across New York recover from more than just the crash. We help you bounce back from paperwork problems, insurance tricks, and legal headaches. Whether your wreck happened five days ago or five weeks ago, we’ll step in, take control, and help you fight for every dollar you deserve.