If you have been injured in a motorcycle accident in New York, there are some important steps you need to take in order to protect your legal rights. Hopefully you were able to take some photos, take down the driver’s insurance information, and obtain a copy of the police report at the scene of the crash. However, if your injuries prevented you from gathering this information, an experienced lawyer can help.
Regardless of what information you have, a motorcycle accident attorney can help you seek just compensation. Contact Dreyer Boyajian LLP for a free consultation.
Many victims of motorcycle accidents are too injured to take the steps at the scene that victims of other vehicle accidents are able to take to begin building their claims. Therefore, it is important to take prompt action during the course of your recovery.
So, what should you do after a motorcycle accident? Here are some tips from our attorneys:
After a motorcycle accident, your first priority should be to seek medical attention for your injuries. If you have not yet seen a doctor, you should do so right away.
Go to the emergency room if your usual doctor cannot see you promptly, and make sure you describe your symptoms in as much detail as possible. Once you receive a diagnosis, you should make sure you understand your treatment needs. You should also schedule any followup appointments as well.
When seeking compensation for accident-related injuries, it is extremely important to follow through with your medical care. If you miss appointments or ignore your doctor’s advice, the insurance companies may argue that your medical expenses are not covered because they are not a direct result of your accident.
When seeking compensation for a motorcycle accident, the details matter. If you were unable to document the accident at the scene, you should write down everything you remember as soon as possible.
The information you need to document includes:
Share any of this information with your attorney. A lawyer can use your notes to conduct a thorough investigation.
While it is important to write down as many details as you recall, when you file your motorcycle insurance claim, you should just stick to the basic facts, i.e., where and when the accident occurred. Your claim representative will ask you what you think happened and who you believe was at fault, but you are not required to answer these questions.
Crucially, under no circumstances should you say that you think you may have been at fault. Determining fault in a motorcycle accident requires a comprehensive investigation. If you say that you may have been at fault, your insurance company will not hesitate to use this against you.
From your medical bills to emails from your insurance company, you should keep all records related to your crash. Start a file, and make it a habit to place new records in your file as soon as you receive them. If you have a printer, you can print copies of your insurance company’s emails and electronic forms so that you have everything together in a safe place.
As we mentioned above, when talking to your claim representative, you need to avoid making the assumption that you were at fault in your accident. However, this is not the only assumption you need to avoid.
From evaluating your medical needs to calculating your losses, you need to be very careful to make all decisions based on reliable information and your attorney’s legal advice.
When you have a motorcycle accident claim, even simple mistakes can have significant consequences. For example, if you return to work too soon, you could exacerbate your injuries and jeopardize your financial recovery. Likewise, if you post about your motorcycle accident on social media, the insurance companies may try to use your own photos and comments against you.
As you move forward with your claim, it will be extremely important for you to rely on your attorney’s advice to avoid mistakes that could make it more difficult to recover just compensation.
One of the most common mistakes injured riders make is settling their insurance claims before they know how much they are entitled to recover. Before you even think about settling, you need to work with your attorney to accurately calculate your accident-related losses. This includes both economic and non-economic losses (i.e., pain and suffering), and it includes both the losses you have incurred to date and losses you will incur in the future.
If you have been injured in a motorcycle accident, it is crucial to speak to an attorney as soon as possible. An experienced lawyer can advise you of your legal options for recovering compensation and collect evidence to build a strong claim on your behalf.
Please contact Dreyer Boyajian LLP at (518) 463-7784 today for a free consultation. Our motorcycle accident attorneys serve clients in Albany, Troy, Schenectady, Saratoga Springs, and other areas of New York.