After a motorcycle accident in Georgia, your attorney needs four kinds of information: how the crash happened, what injuries you have and how they are being treated, what the crash has cost you, and what insurance is available. You don’t need to have everything on day one. Bring what you have, and your lawyer can request the rest, such as the police report, medical records and video footage.
Gathering it early matters for riders. Adjusters may look for reasons to blame the motorcyclist, video can disappear within days, and Georgia’s deadlines keep running while you recover.
Key Takeaways
- Start with the basics: the date, time and place of the crash, the other driver’s information and the police report number.
- Photos, video, witness names and your helmet and riding gear can be key evidence of fault and injury, so keep them.
- Your attorney needs a list of every medical provider, plus your bills, health insurance and any letter of protection.
- Bring your own motorcycle and auto insurance declarations pages; your uninsured motorist (UM) coverage may matter as much as the other driver’s policy.
- Most Georgia injury claims must be filed within two years (O.C.G.A. § 9-3-33), and claims involving a government body can require notice in as little as six months.
Crash Details and the Police Report
Start with the facts of the crash itself. Write them down while your memory is fresh:
- The date, time and exact location, including the road, direction of travel and nearest cross street or mile marker
- Weather, lighting, your lane and what the other vehicle did right before the impact
- Anything the other driver said at the scene
- Whether anyone received a ticket
Georgia requires drivers to report a crash that causes an injury, a death or apparent property damage of $500 or more to local police, the sheriff or the Georgia State Patrol (O.C.G.A. § 40-6-273). Give your attorney the report number and the name of the agency that responded. Our guide to Georgia crash report codes explains how officers record contributing factors and what to do if the report contains mistakes.
Drivers involved in a Georgia crash must stop, give their name, address and vehicle registration (tag) number, and show their license on request (O.C.G.A. § 40-6-270). If you were able to, bring photos of the other driver’s license, plate and insurance card.
Photos, Video and Witnesses
Fault is often disputed in motorcycle cases, and pictures and independent witnesses can settle who failed to yield.
- Scene photos. The vehicles where they came to rest, skid marks, debris, traffic signals and signs, and any road hazards.
- Your motorcycle. Every angle of the damage before any repairs.
- Your injuries. Photos on the day of the crash and over the following weeks, since road rash and bruising change over time.
- Video. Your own helmet camera or dash camera, plus nearby businesses, traffic cameras and home doorbell cameras. Many systems record over footage within days, so tell your attorney where cameras might be right away.
- Witnesses. Names and phone numbers of anyone who saw the crash, including other riders in your group.
Keep your helmet, jacket, gloves, boots and any other damaged gear. Don’t repair, sell or scrap the motorcycle until your attorney says it is safe to do so. Damage to your gear can help show how the crash happened and how hard you were hit, and a damaged helmet can show you were following Georgia’s helmet law (O.C.G.A. § 40-6-315).
Medical Records and Treatment Details
Your medical records are the main proof of your injuries. Your attorney will usually request the records directly, but needs to know where to look:
- Every provider you have seen since the crash, including EMS, the emergency room, urgent care, specialists, physical therapy and your pharmacy
- The dates of your visits, your diagnoses and any work restrictions or future care your doctors recommend
- Any medical bills and explanation of benefits (EOB) statements you receive
- Your health insurance card and any MedPay coverage on your motorcycle policy
- Any earlier injuries or treatment involving the same parts of your body
Be upfront about prior injuries. The insurer will likely find them, and your attorney can only address them if they know early.
Tell your attorney whether you are treating through health insurance or under a letter of protection, where a provider agrees to wait for payment from a settlement or verdict. For claims arising on or after April 21, 2025, Georgia’s tort reform law (SB 68) may allow juries to consider both what providers charged and the amount needed to satisfy those charges under insurance, and the defense may obtain information about letters of protection (O.C.G.A. § 51-12-1.1).
A short daily journal of your pain, sleep and missed activities also helps support a claim for pain and suffering.
Lost Income and Other Financial Losses
Your attorney needs proof of what the crash has cost you, both now and in the future.
- Employment. Your employer’s name, your pay rate, recent pay stubs, and the dates you missed work or used sick leave or vacation time.
- Self-employment or gig work. Tax returns, 1099s, invoices and records showing jobs you had to turn down.
- Property damage. Repair estimates, total loss paperwork, your title and loan information, and receipts for aftermarket parts and riding gear.
- Out-of-pocket costs. Prescriptions, medical equipment, mileage to appointments and help you had to hire at home.
Our guide to Georgia car accident case value explains how these losses are valued, and the same factors apply to motorcycle claims.
Insurance Information: Theirs and Yours
Bring any letters, claim numbers, offers or releases from the other driver’s insurer, plus the adjuster’s contact information. Don’t sign a release or give a recorded statement to the other driver’s insurer before talking with a lawyer.
Also bring the declarations pages for your motorcycle policy and any household auto policies so your attorney can check what coverage applies. Georgia’s minimum liability limits are $25,000 per person and $50,000 per accident for bodily injury, which may not come close to covering a serious motorcycle injury. Under O.C.G.A. § 33-7-11, Georgia UM coverage is “added on” to the at-fault driver’s liability limits by default unless the policyholder chose “reduced by” coverage in writing. Our guide to Georgia UM coverage explains how these claims work.
Details to Share Even If They Feel Uncomfortable
Your attorney can only prepare for arguments they know are coming. Georgia uses modified comparative fault: your recovery is reduced by your percentage of fault, and you recover nothing if you are 50% or more at fault (O.C.G.A. § 51-12-33). Tell your lawyer early about:
- Your speed and whether you were passing, filtering or riding between lanes (lane splitting is illegal in Georgia under O.C.G.A. § 40-6-312)
- Whether you had been drinking or taking any medication
- Your license and whether it covered motorcycles at the time
- Anything you posted on social media about the crash or your injuries
- Whether a government vehicle, employee or road defect may have been involved
That last point is time-sensitive. Claims against a city generally require written notice within six months, and claims against a county or the State within 12 months. Our guide to Georgia personal injury deadlines covers these rules.
Frequently Asked Questions
Do I Need All of This Information Before I Call a Lawyer?
No. Many people call with only the date and location of the crash, and an attorney can request the report and records for you. What matters most early on is preserving evidence that can disappear, such as video footage, your gear and the damaged motorcycle.
Should I Give a Recorded Statement to the Other Driver’s Insurer?
You generally don’t have to give the at-fault driver’s insurer a recorded statement, and it is reasonable to decline until you have had advice. Your own insurance policy is different and likely requires you to cooperate with your own insurer. Anything you say early, before you know the full extent of your injuries, may be used later to question your claim.
Can I Get My Motorcycle Repaired Right Away?
Talk with your attorney first. Photograph the damage and let the insurers inspect the motorcycle before repairs begin, because in a disputed crash the bike itself can be evidence.
How Long Do I Have to File a Motorcycle Accident Claim in Georgia?
Most personal injury claims must be filed within two years of the crash (O.C.G.A. § 9-3-33), and property damage claims within four years (O.C.G.A. § 9-3-31). Claims involving a city, county or the State have much shorter notice deadlines. Learn more on our motorcycle accident practice page.
If you were hurt in a motorcycle accident, you don’t have to sort through the paperwork alone. The Gunn Law Group offers a free, no-obligation consultation, and there is no attorney fee unless we recover for you. Call 888-BIG-GUNN (888-244-4866). Hablamos español.
