Common Issues Faced In Motorcycle Accidents
What Are Some Misconceptions People Have In Motorcycle Accidents And The Claims Process?
The biggest misconception with motorcycle accidents is that the motorcyclists must have been doing something wrong. That’s because we often see motorcyclists that are going a little too fast or weaving in and out of traffic and many times, that’s just not the case. The motorcycle accidents generally happen because the vehicle doesn’t see the motorcycle itself.
Another misconception is that the insurance companies will just take care of everything for you. When you are talking to the insurance company, it is important to keep in mind that they are a business and they are not there necessarily to pay out claims; they are there to save their insurance company or their business as much money as possible. It is important that you get the opinion of somebody that is qualified and has been practicing in this area so that you know what your rights are. Also, don’t just assume that the adjuster from the insurance company is telling you everything that you need to know.
How Important Is The Investigation Or Accident Re-constructionist In These Cases? Are Those Things Used Often?
Reenactments don’t always have to be done. The investigation is very important to be done as soon as possible. If it can be done on the day of the accident, that’s very, important. One of the investigative tools is something that the injured person or witness or a family member that comes to the scene can do, and that is taking pictures.
Once the vehicles are moved, you can’t put them back. It becomes a he-said she-said as to where everybody was at moment of impact. Taking pictures at an accident scene is vital to most cases. It also does away with any grey area of who may be telling the truth about where an accident happened and where the vehicles were.
Getting the information from witnesses at the scene is also important. Often, there are witnesses that are there to help and then they leave after the scene. The police officers usually get all that information. In a good portion of the cases, those witnesses are not listed on the police report.
If there are witnesses there that are helping, it is important to get their names and their phone numbers so that the attorneys can call afterwards and be able to get a statement from them. Getting that information will secure where they are or how they can be located in case they are needed for trial down the road.
It’s also important to investigate an accident where both drivers are saying it is not their fault, or if they change their statement later on. Any evidence that is preserved at the beginning, whether it be the motorcycle itself or picture of the accident, are crucial to doing those reenactments.
What Are Some Of The Biggest Challenges People Face In These Motorcycle Accident Cases?
One of the biggest challenges would be getting medical care because they are not afforded by PIP. Also, many people don’t have the medical benefits insurance of $10,000 as they are not required to wear the helmet. If they don’t have health insurance on top of not having those two other types of insurance, it’s very difficult to get medical help.
The initial treatment is pretty easy to get because they are usually seriously injured. They will be taken by ambulance to the hospital and that hospital will treat them with or without insurance. However, trying to get follow-up care afterwards becomes a little bit more difficult without any health insurance. If they have health insurance, it’s a little bit easier.
In other cases, attorneys may have to go after the individual if they have assets and there is no insurance, but that can take years and it assumes that the at fault driver has assets. Finding those doctors that are willing to treat a patient with the understanding that they will get paid in the foreseeable future, can be problematic for somebody that has never dealt with this type of issue before.
The other problem is living while you’re going through this process. Some issues to consider are how you are paying monthly bills, how you are eating, paying for rent or mortgage payments. Since motorcycle accidents are usually pretty serious, if the person is unable to work for any length of time that becomes difficult.
If they are out of work for 12 months or expected to be out of work for 12 consecutive months, attorneys can also help them with the social security disability claim. The social security disability claim will help them to get benefits to be able to exist while they are going through the process. It’s important to start that process early on depending on the severity of the injuries because that does take time.
Read about some of the Common Issues Faced In Motorcycle Accidents or call the office of Franco Law Group P.A. for a free initial consultation at (813) 873-0180 and get the information and legal answers you’re seeking.
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