Have you been in a motorcycle crash?
There are certain mistakes that can end your chance of receiving fair compensation. The fact is that 6,335 motorcycle drivers died because of an accident in 2023 alone. When you are in an extreme and stressful situation as this, one mistake can cause you to lose thousands of dollars.
The thing is:
Most riders don’t understand what they should and should not do in the first few hours after an accident. They usually make fatal errors at the early stage that may later haunt them.
The best way to protect your rights and increase your recovery is to be aware of the things that can go wrong in your case.
In this article, you can find out:
- Why medical care immediately after an accident is important for your case
- The most common mistake riders make at the accident scene
- How insurance companies take advantage of your words to hurt your claim
- Why it is so crucial to hire experienced motorcycle accident attorneys in the early stage of the case
- The major deadlines you can not afford to miss
Avoid Visiting The Doctor
Let’s see what is the easiest way to damage your case.
Skipped medical treatment after the accident. If you feel fine, go and see a doctor within the first 48 hours of your crash. Motorcycle injuries sometimes do not show symptoms for a few hours. Concussions, spine injuries, and internal bleeding may take longer to present their first signs.
Insurance companies will always claim that your injuries are not as severe as you are making them seem if you do not seek immediate medical attention after the accident. It is an excellent excuse for them to deny your claim or offer you a few dollars.
The truth is that motorcyclists have a 28 time higher chance of dying in an accident than drivers of passenger vehicles. Immediate medical care is the evidence you need in order to be able to prove your injuries.
Avoid Admitting The Fault
This mistake may lead to the termination of your case.
After a crash, you may consider apologizing or saying “I am sorry that this has happened to you.” Do not do that. A simple apology can be used by insurance companies in order to tell the court that you were admitting your fault.
Here’s what you should never say:
- “It was my fault”
- “I am sorry”
- “I didn’t see you”
Stick to the facts while talking to the police officer after the crash. Remember that you do not know all the details as the other driver might have been speeding or he/she has violated the traffic rules.
Call The Police
You should always call the police.
Not calling the police to the crash scene is an enormous mistake that some riders make.
The police report is the most significant evidence in your case. It shows the way the crash happened, contains the witness statements, and, most of the time, assigns fault by giving traffic citations. Without this document, you will be at loss as to how to prove the actual happenings with no confirmation. The police officers also perform other investigations such as blood alcohol tests that may help prove the other driver was driving under the influence of drugs or alcohol.
Avoid Talking To Insurance Adjusters Alone
Insurance companies are never on your side.
Insurance adjusters are experienced in the ways they can make the insurance companies pay as little as they can. They know the questions to ask to lead the person being interrogated to say something that may be against their case.
The following are some of the things that insurance adjusters may use:
- Requesting recorded statements before you can have your first meeting with your motorcycle accident attorney
- Asking for your medical records
- Requesting an access to your social media platforms
- They may pressure you into accepting a quick settlement
You should always direct any insurance communication through your attorney. An attorney knows the ins and outs of insurance adjusters and thus, can see through their techniques.
Collect Evidence
Your phone can help you a lot after a crash.
A lack of proper documentation leaves you to use your memory, and you might soon begin to forget what happened. Take photos of the scene of the accident from different angles that will show the damage to the vehicles, the state of the roads, and the injuries you sustained.
Here’s what to document:
- License plates and insurance cards
- Contact details of the driver and any witnesses to the crash
- Street signs and traffic lights
- Any other visible injuries
Do not repair or throw your riding gear, helmet, and any other protective equipment you had on. These are evidence that can show the gravity of the crash.
Hire A Motorcycle Accident Attorney Early
Arguably this is one of the biggest mistake you can make.
If you try to run your case on your own, the possibility of being able to receive fair compensation after your crash will be on a serious risk. Motorcycle accident claims are more complex and involve dealing with issues like insurance disputes and liability questions that you may not encounter in regular car accidents.
An experienced motorcycle accident lawyer knows the best way to navigate through these situations. He or she can help you collect evidence, deal with insurance companies, and fight on your behalf for the entire compensation that you deserve. Most attorneys will take the case on a contingency fee; this means you don’t have to pay if you don’t win the case.
Waiting to long will cause your case to be weakened. This is because, in the long run, evidence gets to be lost and witnesses tend to forget the whole story.
Avoid Posting Anything On Social Media Platforms
Social media can destroy your case.
Insurance companies can go through all your social media platforms and then use everything against you. Claiming that you were in severe pain due to the injuries you got but you post a photo showing you laughing, that is one of the things that the insurance company will use against you.
The best thing you can do is keep off social media until your case is settled.
The Statute Of Limitations
Every state has a deadline on filing personal injury lawsuits.
This deadline is also referred to as statute of limitations. You will miss your right to sue if you miss this deadline. Even if your case is as strong as possible, it will still get dismissed.
The time limit is usually two to three years. Remember that litigation cases take a while to be prepared; it is always recommended that you start early.
Follow The Treatment Plan
Failure to follow doctor’s orders is an enormous mistake.
If the doctor you visit after your crash prescribes you physical therapy, make sure you attend all the appointments. If you fail to do so, it may give an impression to the insurance company that the injuries that you have are not serious.
Avoid Accepting Quick Settlement Offers
Insurance companies often make fast and low settlement offers.
They do that in hope that you will get the check and fail to get a chance to have a closer look at your injuries.
Remember that if you accept that offer it is final; you cannot later come and sue for more compensation.
Make sure that your lawyer takes a look at the offer before it is accepted so that you can have a look if it is a fair offer.
Final Words
Motorcycle accidents are devastating and they cause a lot of stress on the rider. But avoiding these common mistakes may give your case a chance for better outcome.
The key is by taking the right steps immediately after the crash. Make sure you get medical treatment, gather all the documents and contact information, call the police, and last but not least, hire an experienced lawyer. Do not talk to the insurance adjusters and do not sign any quick settlement.
One mistake in that early 48 hours can make you miss thousands of dollars that you are entitled to.
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