Chapter 3- After the Motorcycle Accident

Seeking Medical Treatment and the List of Don’ts for Motorcycle Accident Victims

If you did not go to the emergency room from the scene of the motorcycle accident, you need to see your doctor as soon as possible. There are two reasons why you need to see a doctor after a motorcycle accident, regardless of whether or not you believe that you are injured.

First, some injuries may not present symptoms for a few days after the accident. Some victims assume that the aches, pains, and limited movement will go away. However, these symptoms could indicate a serious injury. In addition, your symptoms could continue to increase in severity in the weeks and months following your injury. It is always best to be checked by a medical professional after a motorcycle accident to protect your health.

Second, a delay in medical treatment could jeopardize your claim, even if you are legitimately injured. The insurance company may argue that your injury was not sustained in the accident because you did not seek medical care immediately following the crash. The company may also argue that the injury is not as severe as you claim, or you would have sought medical treatment much earlier.

Therefore, see your doctor as soon as possible and keep copies of all documents and statements from your doctor. You also need to follow your doctor’s advice and go to all follow-up appointments. Insurance companies can use a failure to follow a treatment plan against you too. If you disagree with your doctor’s diagnosis or treatment plan, seek a second opinion from another doctor instead of simply ignoring your injury.

What Should You Avoid Doing After a Motorcycle Accident?

We have discussed many of the things that you should do following a motorcycle accident. However, there are some things that you should avoid doing after a motorcycle accident. If you have a pending insurance claim or you believe that you may be filing an insurance claim after a motorcycle accident:

  • DON’T talk to the insurance adjuster for the other party until you meet with your attorney. The insurance adjuster does not represent you. He is seeking to do what is in the best interest of the insurance company, which is to pay as little for your claim as possible.
  • DON’T give the insurance company a recorded statement or written statement. Insurance adjusters use these statements to gain information that they could use to deny or undervalue your claim. For instance, if the adjuster can get you to admit you had no idea how fast you were traveling at the time of the crash, the company may try to argue you were speeding. If you were speeding, you could be partially at fault for the crash and lose all rights to seek compensation for your claim.
  • DON’T sign a medical release for the insurance adjuster. Again, this is a ploy to get information the company can use to hurt your claim. Our legal team will take care of obtaining copies of your medical records and providing those to the insurance company at the proper time.
  • DON’T use social media or post information online until you meet with a Pinder Plotkin attorney. A defense attorney may gain access to your online accounts during a lawsuit. If you posted pictures of yourself at the beach or the lake, a defense attorney could present this evidence to the jury and argue you must not be injured. It is best to avoid all social media accounts, but if you must use the accounts, discuss this matter thoroughly with your attorney first.
  • DON’T discuss your accident or injury with anyone except your attorney. If your case goes to trial, your attorney may want the first time you tell your story to be on the witness stand.
  • DON’T repair or sell your motorcycle until after meeting with your attorney. The insurance adjuster may push you to settle the property damage portion of your claim. However, your attorney may need to document the damage to your motorcycle for use in recreating the accident. Therefore, check with your attorney before repairing or replacing your motorcycle.

One More Very Important DON’T Regarding Insurance Claims

DON’T settle your injury claim without talking to a member of the Pinder Plotkin Legal Team first. If the insurance company knows that you have a valid claim and that it could be a substantial claim, it may offer you a quick settlement before you can meet with an attorney. You may be out of work and need the money, so the company will use the situation to entice you to settle the claim.

However, the settlement amount is probably much lower than the actual value of your claim. The company knows that if you accept the settlement now, you will not be able to pursue additional compensation in the future. Even if you discover another injury or you require additional surgery, you are barred from seeking more money if you settled the claim and signed a receipt and release.

Therefore, it is best to meet with a Pinder Plotkin attorney before you meet with or speak to an insurance adjuster for the other party. If the adjuster offers to settle the case and tells you that you can get more money by working directly with the adjuster instead of involving an attorney, you should be suspicious.

Advising you not to consult an attorney should be a warning sign that the adjuster may be leading you in the wrong direction. Call Pinder Plotkin LLC at 410-661-9440 for a FREE consultation to learn about your rights from someone who only has your best interests as his goal.

Protecting The Rights Of Motorcycle Riders

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