If the rider of a bicycle has been hit by a motorist, that same rider faces a real challenge. In order to obtain money from the driver’s insurance company, that bicyclist must prove that the driver caused the accident.
How the bicycle rider can strengthen his or her case?
• While at the scene of the accident, contact the police and ask for assistance. Get the officer’s name and badge number.
• Take pictures of the damaged bicycle. Indicate the bicycle’s position, with relation to the car’s position.
• Try to get some statements from witnesses; get contact information for each witness.
• Seek medical treatment as soon as possible.
• Follow through with the instructions given by the treating physician. Do not suddenly bring a stop to the scheduled visits to that same physician.
• Contact a Personal Injury Lawyer in Ottawa.
Actions that the lawyer and client/bicyclist can work on together
Collecting all medical bills and all documents that relate to the client’s treatment. Keeping a record of what was said during any conversation that the client had with the insurance adjuster.
Returning to the scene of the accident and looking for more clues. Maybe some business has a video camera focused on the spot where the bike-car collision took place. That business should be asked about the chances that the lawyer-client team might obtain some of the relevant video footage.
Work on ways to reinforce the client’s complaints regarding pain. It helps if the client can start a journal or a diary. Each day the client’s journal/diary could contain mention of any time that he or she experienced a painful sensation that same day.
A note about a painful sensation should be accompanied by information on the activity that triggered the appearance of such pain. In addition, all such noted ought to include details, such as the intensity of the pain and the length of time that the painful sensation persisted. The client/bicycle rider could never get a picture of his or her pain. Still, notes placed in a journal or diary help to strengthen the client’s argument. Each of them can serves as valuable evidence, as long as no contradictory evidence appears.
In other words, it becomes the client’s job to refrain from clicking onto a social media network and sharing photographs or information about the bike-car collision. Either of those actions could weaken the ongoing case. Insurance companies have some adjusters that devote most of their time to visiting different social media networks.
Those adjusters look for pictures of a claimant. They hope to find a picture of some claimant engaged in an activity that he or she had said could not be performed. That finding would weaken the bike rider’s case.
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