Do you enjoy hopping around town on a moped or scooter? Although it’s fun to ride with the wind in your hair, it’s also important to remember that a moped accident can result in serious injuries or fatalities. Moped and scooter accident data is difficult to assess because the data is often merged with statistics for motorcycles and motorized bicycles; however, a few studies have demonstrated the risk of injuries caused by moped collisions. If you have suffered injuries after a motorist collided with your moped, there are several things you should do and should avoid doing to protect your ability to recover compensation for your losses.
What to Do to Protect Your Ability to Recover After a Moped Accident
The decisions that you make immediately after your moped accident can affect your ability to recover damages. If a motorist collides into your moped, you should try to do the following things:
1. Take photographs if you can. Right after your accident, use your smartphone or camera to photograph the damage to the vehicle and your moped, the weather conditions, your injuries, the road conditions, nearby traffic lights, road signs, and other relevant information from the accident scene. If you cannot take photos, ask someone to take them for you.
2. Get medical help. Make sure to get medical help as soon as possible. If your injuries are serious, go directly to the emergency department. If your injuries are more minor, call your doctor and go in for a medical evaluation. Getting your injuries diagnosed promptly can help to keep your injuries from growing worse and show a causal link between them and the collision.
3. Follow up with any treatment recommendations. Simply seeing your doctor is not enough. You should also follow all of the treatment recommendations that you are given, including undergoing medical procedures, taking your medication as prescribed, and keeping all appointments. Doing this can help you recover from your injuries faster, and it’s also vital to your claim.
4. Know your rights. After a moped accident, you might be entitled to recover compensation if the other driver was negligent and caused your accident, injuries, and economic and non-economic losses. If you were injured because of the actions of the motorist who struck your moped, you may be entitled to recover damages.
5. Consult with an experienced personal injury lawyer. After you have sought medical treatment, you should talk to an attorney. Your lawyer can analyze the evidence and reports in your case to determine its legal merits. This can help you understand the legal options that might be available to you. An attorney might also help you protect your rights to recover damages.
What Not to Do After a Moped Crash
Just like there are things that you should do after a moped crash, there are several mistakes that you should avoid. After your accident, avoid the following:
1. Don’t speak to the at-fault driver’s insurance company until you’ve consulted a lawyer. Since you do not have an insurance contract with the at-fault driver’s insurance company, you are not legally obligated to talk to its representatives. Do not agree to give a statement about what happened. Insurance companies commonly try to get accident victims to give recorded statements so that they can use their statements against them in their claims. If you are contacted, you can politely tell the representative that you want to speak to an attorney before you will provide any statements.
2. Don’t wait to file your claim. Massachusetts has a statute of limitations for personal injury claims. If you wait too long after your accident to try to file a claim, you could be barred from pursuing damages. Under Mass. Gen. Laws Chapter 260, § 2A, the statutory deadline is three years from the date of your injury accident.
3. Don’t agree to an early settlement offer. Insurance companies sometimes extend early settlement offers to accident victims. You should never accept an early settlement offer without meeting with an attorney to have it reviewed. These offers are frequently far too low to cover your losses. An attorney at Ellis & Associates can properly value your claim so that you can have a rough idea of what it might be worth.
Call Ellis & Associates for Help
If you sustained serious injuries after a motorist crashed into your moped, you may have legal rights. Contact Ellis & Associates to schedule a free consultation by calling 800-MR-ELLIS or sending us a message online.