A bike collision with a vehicle or any roadway hazard can cause serious injuries. When a collision leave you injured, you can file a personal injury claim with the motorist’s insurance firm.
Below are tips that can help you build an airtight bicycle accident claim so you can be fairly compensated for your damages:
Act at the scene.
First of all, ring 911 and report the mishap, in the same manner you would an car collision. Of course, if you have any injuries, request for an ambulance. Make sure you record the driver’s personal as well as insurance information.
avoid discussing fault (anything you say can be used against you during settlement); look for witnesses and let the police take their statements; and get medical treatment as soon as possible (the adrenaline you get in an emergency situation can mask pain and serious injuries). fist, never discuss fault (you might say something that can be used against you when you negotiate a settlement); second, look for witnesses and let the police get their statements; and third, get medical attention as soon as you can (pain and underlying serious injuries are easily muted by the adrenaline rush that comes with emergencies). Another reason to seek treatment immediately is to prevent at-fault drivers from blaming your injuries on some other event. After the police has taken the statements of any witnesses, ask them politely to give you their contact information.
Take out your cellphone and take as many pictures of the accident scene as you can, including all broken parts of your bicycle and the driver’s vehicle. If the collision damaged other things like guard rails or road signs, take pictures of them also. Very importantly, take images of any bloodied body parts or garments after the mishap.
Another crucial thing you can do is listen out for any “res gestae” statements the motorist may make at the scene of the accident. Examples of such statements, which can actually be admitted later on in court, are “Sorry I didn’t see you” and “Please forgive me. If you collided with a broken pavement or any object on the road, note where exactly the accident transpired using street signs, mile markers and other landmarks. This will help you find out whether the state or your local municipality was negligent with roadway maintenance.
When this is determined, you can file an injury claim with division of government responsible for the accident, but do it as soon as you can. In most cases, you will have 30 days to do this, or you will lose your chance to be compensated.
Hire a personal injury lawyer.
Finally, the most important step you can take when filing an injury claim is hiring a good workers’ compensation lawyer. A personal injury attorney are all too familiar with the ins and outs of successful claims, especially if you consider that you will be fighting an insurance company’s high-calibre legal team.