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I felt okay after my motorcycle accident and I declined treatment. The next day I told the insurance company I felt okay, but now it has been a week and I’m in a lot of pain. Have I ruined my case?

Not necessarily. It is not unusual for a motorcycle accident victim to feel pain days, or even a week, after the crash. However, what you do now is critical to your potential recovery.

You Need to Prove That You Were Injured in the Accident

In other words you need to prove that the pain that you are feeling and that the injuries you sustained occurred because the other driver was negligent. You need to prove that you would not have incurred the injuries if not for the actions (or inactions) of the other driver.

The insurance company is likely going to argue that your pain was not caused by the accident because of the comments that you made at the accident scene and to the insurer the day after the accident. They may try to argue that you were hurt in another way.

The Insurance Company May Be Wrong

However, as the injured party, it will be up to you to prove that your injuries were caused by the accident. Accordingly, it will be important for you to:

  • Get medical attention as soon as you experience pain. Your doctor may be able to establish that your injuries are consistent with an accident that happened days before.
  • Stop talking to the insurance company or other party. Anything that you say may be misconstrued and may be used against you in settlement negotiations.

It will also be important for you to learn about your rights and find out how to present convincing evidence to the insurance company. To learn more, please browse our free videos and start a Live Chat with us today.

Jason F. Abraham
Managing Partner, Hupy and Abraham