3 Hidden Factors That Influence Your Compensation After A Road Accident

Being in an auto accident is overwhelming and leaves you with the stress of getting medical treatment, fixing vehicles, and dealing with insurance providers.

Aside from these concerns, there are things that not many people are unfamiliar with but can have a huge impact on their compensation.

Knowing the difference between factors that influence compensation after a road accident and receiving fair compensation, and getting a lot less than you’re entitled to.

The Complexities Involved In Insurance Coverage

If you get an injury in a motorcycle accident, you’d expect the other driver’s insurance company to cover your damages.

However, this gets complicated when you learn that insurance policies typically contain exclusions, sub-limits, and gaps that can leave you shortchanged. This is one of the factors that influence compensation after a road accident.

Something most people overlook is that motorcyclists come with different types of coverage. Also, many of those riders are often unaware of the fact that their insurance policy might have specific exclusions for injuries from motorcycle crashes, as their companies consider them risky activities.

It means that even if you have solid health insurance. Some treatments or long-term care for your accident might not be covered. This could leave you with a big bill to pay out of pocket that you must consider when making your compensation claim.

This becomes more intricate due to subrogation rights, a legal provision giving insurance providers the right to recover what they’ve paid on your behalf from the party responsible for your injury.

This implies that if your health insurance covers your medical care during the initial treatment. They can subsequently claim a share of your settlement to cover their costs.

Having a competent personal injury lawyer represent you in these situations is vital. Thankfully, there are firms like Mayor Law that comprehend these coverage loopholes and are able to maximize your recovery.

They have attorneys who have represented both sides of motorcycle accident claims. So they comprehend how insurance companies work and how they value cases.

That allows them to spot those concealing coverage issues before they become significant problems. Just take your time and make sure you get professional legal assistance to get maximum compensation.

The Impact Of Pre-Existing Conditions

If you have any underlying health issues before the accident. It can make an easy injury claim become complicated.

Insurance companies go through your medical history with a fine-tooth comb. Searching for anything they can use as a reason to say your symptoms are not all caused by the accident.

If an accident like a motorbike crash exacerbates your chronic back pain. They may argue that your problems are due to what you had to begin with and not from the accident. Here are some other key challenges posing pre-existing conditions:

• The “eggshell skull” paradox: It’s mandatory for an at-fault individual to accept you as they find you, i.e., they’re liable for all harm caused by the accident. But it takes expert evidence and detailed reports to prove the full impact.
• Delayed symptoms: Certain problems don’t appear until weeks or even days later, making it difficult to attribute the new symptoms to the accident. Insurers completely exploit this by arguing that the causes are unrelated, particularly in the presence of similar issues.
• Documentation problems: An accurate timeline must be established through medical evaluation soon after the accident. Following up with regular documentation. Incomplete or illegible records provide insurers with justification to dispute your claim.
• Long-term costs underestimated: Beyond actual treatment, long-term conditions may involve lengthy therapy, repeat surgeries, and lifetime work restrictions. Adjusters in insurance only consider short-term charges, overlooking lifetime consequences.
• Negotiation difficulties: When you fail to point out how the accident worsens your pre-existing condition. Insurance companies may try to get you to accept quick deals that don’t cover future care or loss of earning capacity.

The Timing Trap Of Delayed Symptoms And Legal Deadlines

Yet another underlying cause that has a powerful impact on compensation is the connection between hidden signs of injury and the rigid legal time limits that regulate personal injury cases.

This can become a deadly trap for accident victims who don’t know they’re seriously hurt until months after the accident. Perhaps risking their chance to obtain full compensation or any compensation whatsoever.

1. The Problem Of Delayed Symptoms

Unfortunately, most people don’t really know how common delayed symptoms are, especially in motorcycle accidents. The adrenaline hides serious injuries for hours, days, or weeks following the accident.

For instance, soft tissue injuries such as whiplash won’t be evident for 24 to 72 hours, and then there are more serious issues, like concussions or internal injuries that often take longer to appear.

These delays put you in a perilous situation where you might decide to forego medical treatment. Downplay your injuries when reporting to insurance, or simply forget to keep track of your own symptoms.

2. The Impact Of Statutes Of Limitations

The legal consequences of delayed symptoms become most troublesome in regard to statutes of limitations. Which are different from state to state, but generally range from one to six years for personal injury cases.

Most states have discovery rules that extend the time for filing a case when injuries take longer to appear. Still, these rules are generally strictly construed and hard to use without the help of a seasoned personal injury lawyer.

3. The Documentation Challenge

The documentation issue becomes serious when you have delayed symptoms because every insurance firm will contest the link between the accident and delayed symptoms.

They can claim that a delay proves symptoms are not a result of the accident. They were caused by some other activity, or are being fabricated to get money.

In such situations, complete initial documentation is most important, even if you are fine right after the accident.

End Note

All these are the factors that influence compensation after a road accident. The best thing to do when dealing with these tricky factors is to have a good lawyer who understands both the obvious and the not-so-obvious factors that go into personal injury compensation.

When you partner with lawyers who are familiar with these cases, you’ll gain some solid insights that can improve your chances of success. Ensuring those factors benefit you and not hurt you while trying to get fair compensation.

Read Also:

• How Pre-Existing Conditions Impact Compensation in Car Accident Cases
• What to Say — and Not Say — at the Scene of a Crash
• Who Is Responsible for Truck Accidents?