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Settling a Motorcycle Injury Claim

If an individual survived a motorcycle crash they will need to have an idea of what to do to get their claim settled. Don’t do this as a solo act, as dealing with an insurance company may mean settling for less than may be awarded through the courts.

In the event of a motorcycle accident, the first thing that needs to be done is to figure out how serious everyone’s injuries are.That is the first and only priority at the scene of an accident. If a person is able to use a cell phone or ask someone else to call for help, do so. If the accident was the result of someone else’s negligence, don’t bother getting into it with them about who is in the wrong or who is in the right. This can be sorted out later when a personal injury attorney has been hiredto represent an insurance claim.

The next thing to do is to prevent those involved in the accident from any further harm. Put out any available flares to warn off traffic. This will also help preserve the accident scene. Do no move any of the vehicles involved in the accident as this will just confuse the issue later if the case goes to court. Destroying evidence by moving a vehicle will count against the plaintiff, so be smart and just leave things for the police to handle. When they’re done with their investigation, they will have the bike moved.

It might be stating the obvious, but make sure to remember to call the police. When under stress, some people don’t think straight and may not remember to call them for help. The case will only be helped by the presence of an accident report, so make sure to call 911 or have someone else do it. Always remember to tell them there are injuries and answer any questions they have. If medical care is required, get it immediately and answer questions later. Do “not” admit fault at the accident scene. This kind of statement, no matter what condition the victim is in, will come back to haunt them if the case goes to court.

Check the scene of the accident to find other drivers who may have witnessed the bike and car crash. Get as much information from them as possible, including what they have to say and how to contact them; and make a copy for the police and the insurance company, particularly if the “other” driver admits to being at fault.

These days just about everyone has a cell phone that takes pictures. Use anything available at the scene to take snapshots of the accident. Take photos of all injuries as well and make sure there are medical records to back everything.

Speaking of medical treatment, accept it if offered, demand it if needed. You will need a complete record of what injuries were received for a personal injury lawyer and perhaps later for a negotiated settlement or for going to court. Never assume that just because there is no pain at the “moment” that this will be the case later. When the adrenaline wears off, the pain kicks in.

And last, but not the least, is make contact with a personal injury lawyer and let them know the complete details of the accident. Find out what legal rights are applicable and what is needed to negotiate a settlement or proceed to court if the insurance company won’t cooperate, or if the injuries turn out to be worse than they appear on the surface. This happens in a large number of motorcycle cases where a strained back turns out to be a ruptured disk later, so never sign off on a claim before talking to an experienced personal injury attorney.

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The law offices of Stephen M. Ozcomert specialize in personal injury, accidents, and malpractice law in Atlanta Georgia.

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