As a motorcycle rider, you know for sure that your safety and everyone else’s depend on how you operate your vehicle and follow the laws of the road. Even if you’re already an experienced driver, nothing can prepare you for when a negligent one causes a road accident. Things could get more fatal when you’re on a motorcycle.
If you did get involved in an accident, then you’re well within your right to file a claim and have the other party assume liability for the damages and injuries you incurred. However, that doesn’t always lead to a sure win in court. The outcomes may change to favor the other side and that often happens when you make mistakes throughout the process.
With that being said, here are a few things you will need to avoid so you can make the most out of your case:
Not Getting Immediate Medical Attention
Most people tend to ignore scratches and bruises they sustained following an accident, shrugging these off as minor injuries. However, some injuries manifest only days or weeks after. By getting medical attention even just for a minor injury, you will be able to detect underlying conditions that may require continuous monitoring and, if worse comes to worst, surgery. Bruises may indicate more than surface-level damage. They can also indicate severe trauma even if you were already wearing a helmet at the time. Through an immediate checkup and treatment, you will be able to reinforce your claim, allowing for a payout that reflects the actual extent of your injury.
Delaying a Motorcycle Accident Filing
Apart from delaying medical attention, it won’t do you good if you fail to file a motorcycle accident claim right away. There’s a timeframe within which you’re allowed to take legal action. Although some states provide a two or three-year deadline, the best time to file a claim is immediately after the accident. The reason for this is the fact that evidence is still fresh and witnesses on the scene are still capable of vividly recalling what happened. Delaying the process will only give the other side enough time to strengthen their defense as they find ways to downplay your injuries and reduce their liability.
Accepting Fault from the Outset
Another fatal mistake you wouldn’t want to commit is to claim immediately. Sure, you may come off as dignified, but it won’t bode well for you when you take the matter to court. When you admit fault regardless of what the facts say, you only incriminate yourself even though it’s clear that the other party is liable. Moreover, admitting fault will also affect your insurance coverage and disqualify your claim. As much as possible, limit conversations with the other party and avoid making a hasty conclusion. Focus more on gathering details on the scene by taking pictures and getting eyewitness testimony.
Representing yourself in Court
There are cases when you can handle a motorcycle accident claim by yourself but not every scenario could benefit from that decision. For one, you may find it difficult to navigate around the legal steps you will need to take. You may also unknowingly embolden the other side to set up a stronger defense and find ways to reduce your payout.
The process may also drag on for a long time, forcing you to accept an unfavorable settlement deal.
With this in mind, it’s always a good idea to look for a legal expert to oversee the process and advise you on what to say and do.
Make sure to hire someone savvy with local personal injury laws. Look up an attorney for motorcycle accident compensation who can walk you through the process, including dealing with insurance adjusters and making sure all the facts are in place.
Talking to the Other Side
In many cases, insurance companies would prefer a hasty settlement to pay out the full liability. Keeping this in mind, be wary of any attempt from the other side to talk to you about the details of the case. Without you knowing, they will jot down information that could bolster their defense and allow them to keep insisting on a settlement. To be on the safe side, your lawyer should be the only person reaching out to the other side and providing you with advice on whether to settle or not. For sure, there’s always a good chance the settlement amount is significantly less than your actual claim.
Posting without Legal Advice
You might think it’s harmless to post on social media platforms while your motorcycle accident claim progresses. However, the other side will monitor your online presence to check for photos, videos, and other content that could be used as proof that your injuries are not as severe as you portray them to be. With this in mind, limit your social media activity until your lawyer gives you the all-clear. That way, you can avoid jeopardizing your claim and come out victorious.
Endnote
Compared to a four-wheel driver, you’re at a greater risk of horrific injuries than a motorcycle rider, so it pays to know what you should and shouldn’t do when you file a motorcycle accident claim. Keep this list in mind and secure your advantage.
ABOUT THE AUTHOR
Aleksandra Djurdjevic
Senior Content Creator
Aleksandra Djurdjevic is a senior writer and editor, covering motorcycle adventures, biker tips and tricks and general exploring on two wheels. She has previously worked as ESL teacher for English Tochka. Aleksandra graduated from the Comparative Literature department at the Faculty of Philosophy in Serbia. Aleksandra’s love for the biking and adventure, getting out on the open road, year after year across the planet helps her continue to be a top expert at RMJ.
