- January 14, 2021
- Vehicle Accidents
What to do if your motorcycle is hit by a car from behind is protect your health, focus on your recovery, and support your compensation claims. You need to think, be smart, and plan ahead. Contacting The Wininger Law Firm, LLC, is another important step after your accident.
Take Care of Yourself After Your Motorcycle is Rear-Ended
No matter how you’re injured in an accident, medical attention should be your top priority. Get medical help as soon as possible. That may be by ambulance ride to a hospital or by seeing your doctor. Even though your injuries may seem minor, given how demanding it is to safely ride a motorcycle, getting picked up from the scene of the accident may be your best option.
Your injuries after being hit from behind on a motorcycle may be worse than you realize. You may not feel your injuries because of all the adrenaline flowing through you after the accident. Symptoms may not be apparent for hours or days.
It could take some time before a traumatic brain injury (TBI), broken ribs, or internal bleeding show themselves. Going about your life like nothing happened after your accident would be a mistake. You need to take care of yourself.
Prompt medical care will not only protect your health, it may also protect your claims for compensation. A key part of your case is proving your injuries and linking them to the accident. A medical exam right after the accident is the best way to establish what happened.
The longer you wait, the more likely an insurance company may claim something else caused your injuries. If you don’t act reasonably, get medical help quickly, and the injury gets worse, the insurance company may claim they’re not responsible for that.
What You Can Do If You’re Not Seriously Hurt After Being Hit from Behind on a Motorcycle
If you’re able to get up and walk around and it’s safe to do so, get your bike and any debris off the road. If you were rear-ended, unless you cut the car off, the other driver is to blame. You may be angry and upset, but don’t act or talk that way to the other driver. Be calm, call 911 to report the accident, and exchange insurance information with the other driver.
The person may ask you not to call the police or contact an insurance company. He or she may offer cash if you walk away because they don’t want a ticket or to pay more for insurance. Politely refuse. If you agree and later learn you’re more injured than you thought, making a claim against the driver will be practically impossible. The driver will lie about what happened and it will look like you’re involved in insurance fraud.
Gather information about the accident while you’re at the scene. It will be important to have if you need to make an insurance claim or file a lawsuit. Use your smartphone to take photos or videos of the scene. Show the location of the accident, road and weather conditions. Take pictures of your injuries and damage to your bike. Record what the car looks like and damage to it.
File an Insurance Claim for Being Rear-Ended on a Motorcycle
Put your insurance company on notice about the accident by filing a claim. If you’re hit from behind on a motorcycle it shouldn’t impact your rates. Do this quickly because there may be a time limit for you to submit a claim.
Give them the basic information and tell them you’ll be speaking with an attorney. Don’t get into any discussion with an insurance adjuster. Instead, first give our office a call so we can discuss your case, what happened to you, and talk about your best options for getting the most compensation possible.
Insurance companies need to know if there’s liability by their policyholder. If so, they want to know the types of claims and how much they will cost. If you were rear-ended, the other driver is clearly liable. Problems may arise if the driver claims you were riding aggressively, or cut him off, or did not leave enough time or space to safely stop. In that case, the insurance company may deny your claim.
If the insurance company agrees there’s liability, disputes can still come up. The company may not want to pay for everything you submit. They may claim it’s not related to the accident, the medical treatment’s not necessary, or the figures you’re submitting are inflated.
Let Our Attorney Handle the Insurer
We’ve handled thousands of accident claims and know how insurance companies work. The Wininger Law Firm, LLC, knows what they need before claims will be approved. We also know the arguments that are more likely to be effective and what we can do to make the process move faster.
The adjuster you speak to may be very nice, helpful, and professional. But your interests are not their interests. You want full and fair compensation. They want to resolve this as quickly and cheaply as possible. To best protect your interests and your chance for full and just compensation for your injuries, let us do the talking for you. Our attorneys will give the insurance company the details of your accident. We will also negotiate a settlement so you can focus on recovery and getting your life back together. Our experience is your asset. When we negotiate on your behalf, chances are very good that your settlement amount will be higher than if you handled the process on your own.
Document, Document, Document
Insurance claims and lawsuits due to being rear-ended on a motorcycle are based on facts. The better documented the facts of your case, the more credible your claims. Your injuries and their effect on your life must be established.
Our clients sign a release allowing us access to their medical records, so you don’t need to gather or organize them. We will do it for you. However, keep in mind that every step of your medical treatment can be an important part of your insurance claim.
When you see a physician or get physical or occupational therapy, what you say will probably be written down. The insurance company will read those notes. Never lie to anyone during an appointment but be careful about what you do say. Cheerful, happy small talk could end up in your permanent medical records. It may appear you’re doing much better than you are.
Expenses Associated with Your Accident
You could be compensated for any costs associated with your accident, so keep track of everything you’re buying related to the accident and your injury. This can be bike repairs, medications, crutches, or replacing your helmet. If you can no longer do things like mow your lawn or make minor home repairs, keep records of what you paid to others to do it for you. If you lost time from work, document how much time and how much you earn.
Pain and Mental Anguish
You should be compensated for the pain, suffering, and mental anguish you suffered because of the accident. You can document these issues through a journal. Write down how you feel mentally, emotionally, and physically. If you’re missing activities or events, write it down. Regularly taking photos of your injuries or videos showing your recovery can show how much progress you’re making, when.
Social Media is Not Your Friend
You should stay off social media or strictly limit it. The insurance company will read what you discuss and see the photos and videos you post. Many people filing claims write and post things that weaken or end their ability to collect payment. Don’t make that mistake.
If you do make posts related to the accident, or simply in the period after the accident in which you still suffer from your injuries, you could get yourself into trouble. You may write something that contradicts what you told the police or what we told the insurance company. If you claim to be severely injured, videos of you dancing at a wedding or playing softball could end your case.
Get the Legal Help You Need After You’re Rear-Ended on Your Motorcycle
What to do if your motorcycle is rear-ended is all the things that will support your claim, help your recovery, and get your life back on track. You could suffer severe injuries after being rear-ended on a motorcycle. You need to take the situation seriously.
If another party’s careless actions caused your injuries, we won’t back down in pursuing compensation, whether through an insurance settlement or a lawsuit. Contact a compassionate and skillful motorcycle accident lawyer in Birmingham, AL, today to schedule a consultation about your case. You pay us only if you win your case, so you have nothing to lose. We can be reached at (205) 322-3663.