One of the biggest mistakes someone involved in a motorcycle accident can make is not calling a DC motorcycle accident attorney to at least receive advice about what should be done, so that they can understand the process, understand what’s at stake, and knowing their rights as to what is and what is not required of them.
Some other common mistakes that individuals can make, but should not include: making statements on the scene, and making statements to the at-fault insurance company, which includes recorded statements which they have no obligation to do and should not do under any circumstances.
Additionally, insurance companies are not looking out for you, they’re looking out for their driver and their shareholders in terms of protecting their interests. They have adjusters and they have lawyers right from the outset of the claim being made. People don’t realize that, and they think it’s just an easy business transaction, that the insurance company is going to do the right thing and it will be a simple matter.
Well, unfortunately insurance companies don’t make it a simple matter and often don’t do the right thing, and people don’t realize that until it’s too late and they’ve already done things that will make it more difficult for them in the long run. They realize too late that despite cooperating with the insurance company by giving information and wanting to resolve the claim amicably, the insurance company then takes the position that they’re only going to offer a little bit of money. Then the person decides it’s time to get a lawyer.
It’s much more advisable to seek experienced counsel right from the get go, so any pitfalls can be avoided and they can be advised as to the best way to handle the situation with the insurance company. Once counsel is hired, all communications between the insurance company and the injured party cease. That’s important because there’s no reason for the injury victim to be doing anything but concentrating on their health and getting treated for their injuries, while the lawyer can take care of the involvement with the insurance company.
You want to make sure that there are no gaps in treatment. If you are injured and experiencing medical problems, those problems need to be documented right away. Insurance companies will use a gap in treatment against the injured victim by saying that if you didn’t get treatment right away, then you weren’t that hurt. Or if the victim received some treatment but didn’t follow their doctor’s recommendations, insurance companies will use that against them.
So it’s very important to have medical professionals document what problems are being experienced, and once treatment begins it’s important to carry through with the recommendations of the treating doctors. Make sure that all the medical problems are well-documented and all recommended treatment is followed, so that at the end of the day the injured party can prove what their injuries have been and that they have followed the treatment.
There’s also a doctrine under the law that says the injured party must mitigate their damages, which means lessen their damages. Following what the medical professionals recommend for treatment is very important in proving that the injured party is doing everything in their power to get better as soon as possible.
