After a motorcycle accident, the last thing you want to do is add to the list of things you need to take care of. As Sacramento motorcycle accident lawyers, we get it. If you’ve never had to hire an attorney for anything it can be intimidating and a little worrisome. There are already so many questions and concerns going through your head.
You’re just looking for someone to be on your side and now you have to hire someone you’ve never met. You may be wondering, how do I hire a motorcycle attorney? Do I need a motorcycle attorney? Can a lawyer help with my medical bills? These are all important questions and more that may race through your mind after a motorcycle accident.
How long do you have to file a motorcycle accident claim?
In California, the statute of limitations (SOL) is the amount of time you have to file any type of claim. For a motorcycle accident, the statute of limitations is 2 years from the date of the accident.
What should you do after a motorcycle accident?
The first thing you’ll want to do is try to remain calm and get to safety. Move your bike to the side of the road if you can. Call 911 and alert law enforcement of what happened and request and ambulance. If you’re able to, take pictures of the vehicles and the scene around the accident with your smartphone.
Get contact information from witnesses and contact/insurance/driver’s license information from the other driver(s). You can take a picture of these so it’s easier. If the witnesses are willing, try to get their statement on video. This information will be critical to proving your claim and you may need the witnesses to appear in court if the case goes to trial.
When you speak to the police and any insurance company, only stick to facts. There is no need to accept or place blame on the scene. You are probably still in shock and don’t want to say something that can be used against you. Especially if the accident ultimately wasn’t your fault.
It is extremely important that you get medical treatment. If you didn’t go to the ER or doctor from the scene of the motorcycle crash, you’ll want to set up an appointment with your doctor ASAP. The insurance company will want to see proof that you were treated for an injury. If you don’t go to a doctor, you won’t be able to sue for pain and suffering
After you’ve seen a doctor, make sure you follow what they tell you to do. Anything outside of normal treatment that doesn’t help you will be seen as an indication you aren’t injured by the insurance company. For example, if you stop going to physical therapy or miss appointments and then start up several months later, you may get that part of your claim denied.
When should you get a motorcycle accident lawyer?
The best time is immediately after the accident. While your first priority is definitely your health, getting a motorcycle accident lawyer on your side right away will help maximize your accident claim. Insurance companies try to trick people into not hiring attorneys by giving the victim a false sense of security. They say they are here to help, but then create pitfalls and traps along the way that hurt the motorcycle victim’s claim.
Your motorcycle accident attorney will immediately become the contact point with the insurance company. This immediately levels the playing field and stops their games. The attorney will demand that the parties don’t destroy evidence and they will also help guide you through recovery.
Getting an attorney early on can only help your motorcycle injury claim. It allows the attorney to gather evidence, find witnesses, investigate your case, and then help to come up with a demand letter. If a settlement can’t be reached, then there has been enough time to develop a strategy for filing a lawsuit for damages.
Insurance companies want you to wait to get an attorney after a motorcycle accident. This is for several reasons. First, the longer things go on, the more information they can get out of you to use to deny your claim. Second, the longer things go on, the more likely you are to accept less money to make the claim go away. Third, as the statute of limitations date approaches, motorcycle attorneys are much less likely to take your case. This is because lawyers are ethically bound to do due diligence before filing any lawsuit. If you give them no time to do proper research or an investigation, they will likely turn you away.
The moral of the story is, don’t wait. Sacramento motorcycle lawyers offer free consultations to go over your case. At Personal Injury Attorney Hanecak Law Inc , we will review your documents with you and we don’t get paid until you win.
We can be reached at (916) 619-5452 and have a form on our website that you can fill out.
