5 Mistakes to Avoid After a Motorcycle Accident
In this article we’re going to address the top five mistakes that motorcycle riders make after an accident.
In my many years as a personal injury attorney, I’ve probably handled a couple of hundred motorcycle accident cases. So, I’ve seen a lot of the mistakes that people make after a motorcycle accident – and they make the same mistakes over and over again. Most riders don’t know what to do after a motorcycle accident. I will shed some light on what to do.
So, I made this list of the top five mistakes that motorcycle riders make after an accident.
Mistake Number One: They Don’t Call The Police
They don’t call the police after an accident. I don’t care how small it is.
Why is this such a big mistake? There are many reasons. But in short, insurance companies want some sort of independent verification that an accident occurred. But there’s another important reason – peoples’ stories change! The same driver of a car who said, “I’m sorry” or “that was my fault” can change their story when they call their insurance company to report the accident. It happens all the time.
So, it’s critical to call the police department and get the story on the record as it happened and right after it happened.
If the police refuse to come out to the scene of the accident, because there is only property damage, still call and get the accident on the record. Then, when you are able, go to the police department and file a report on your own.
Mistake Number Two: They Don’t Contact A Lawyer
Motorcycle riders don’t talk to a Chicago motorcycle accident attorney after an incident. Now I know what you’re saying – this is a self-serving comment.
I admit it. But I say this for good reason. This game with insurance companies is totally rigged. The insurance companies know what they’re doing. They’re billion dollar companies. Motorcycle injury lawyers also know how to play the game.
But chances are, you’ve never had to deal with insurance companies before, and maybe even with a personal injury attorney for that matter. So it’s critical to at least do your research and talk to an attorney to figure out what’s going on before you call the insurance company. Because believe me, they’re not on your side.
Mistake Number Three: They Give A Recorded Statement To Their Insurance
This is a big one. If you do choose to work with the insurance company, one of the biggest mistakes I see people making is that they give a recorded statement to the insurance company.
You don’t want to give a recorded statement to the other side’s insurance company. They’re not doing it only just to get the facts on the accident. They can get that from you without doing a recorded statement. They’re trying to get you on the record.
Why? So they can use inconsistencies in your statements over time against you. It’s extremely difficult to tell the same story over and over again so your story at your deposition or at trial might be a little different than when you gave your recorded statement. Insurance companies will capitalize on the discrepancies.
Now, generally speaking you do have to give a recorded statement to your own motorcycle insurance company. You have an obligation to work with them.
Mistake Number Four: They Think Their Insurance Company Is On Thier Side
They think the insurance company is on their side.
When you call an insurance company, they’re nice to you and they want to help. But the insurance company is not on your side. I’ve seen it a thousand times, the same people who are really nice to you when you first call and file a claim about an accident are trying to deny, delay and diminish your claim later on down the road. So just because they’re nice upfront does not mean they have your best interests in mind.
Now, I’m talking primarily about the other party’s insurance company. Your own insurance may be very nice to you too, and that may be authentic. But remember this, the second you file a claim with your own uninsured motorist or underinsured motorist against your own insurance company, they become adverse and their interest is the same as the third parties – to pay you as little as they possibly can.
Mistake Number Five: Riders Don’t Seek Medical Treatment
And the fifth and final mistake that I see riders make all the time – they don’t get medical treatment right after the accident, or they allow a gap between medical treatment.
I get calls all the time from people and they say, I was just in an accident, should I go to the emergency room or go to my primary care physician?
In short – I don’t care. Get medical treatment right after the accident. If you don’t, the insurance company is going to use that against you to try and prove that your injuries weren’t that severe.
After an accident, your adrenaline is rushing. You don’t know what’s been injured. So don’t take any chances, got get checked out
A gap of treatment is different. Take this hypothetical: You treat for six weeks for a back sprain – then you take six weeks off from treatment for whatever reason and then you start up again.
That’s a gap in treatment and the insurance company is going to use that against you to try and prevent you from recovering for the subsequent medical treatment.
Thanks for checking out this short article on the top 5 mistakes motorcycle riders make after an accident. If you want to talk to a motorcycle lawyer in Chicago to find out if you have a case, call me at 1-847-305-4105. My calls are always free.
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