Getting the compensation you deserve for your injuries in a pedestrian accident can be an uphill battle—even if the driver was completely at fault in causing it. You must take the proper steps and avoid making mistakes that could make it harder to obtain the damages you deserve from the negligent motorist’s insurance company.
At Max Meyers Law, we’ll be with you through every stage in the process of settling your pedestrian accident claim. However, in our experience, the following nine mistakes can create trouble for your case. Here’s what you need to know and how we can help.
1. Not Contacting the Police
The at-fault motorist might try to convince you not to call the police, but agreeing to this is a problem. A law enforcement officer will investigate your pedestrian accident’s cause and write a police report that can help us settle your claim. Useful information contained in the report includes:
- Details about how the accident occurred
- Statements from the driver, witnesses, and you
- Photos and diagrams
- Officer’s conclusions about who was at fault
- Any traffic citations issued to the motorist
2. Not Taking Care of Your Health
You don’t want to make the mistake of not getting the medical care you need because you think you can tough it out or don’t believe you were hurt. The reality is that you could have suffered internal bleeding, a spinal injury, a traumatic brain injury, or another hidden issue without immediate symptoms that could turn into a medical emergency if a doctor doesn’t examine you right away.
In addition, an insurance adjuster could seize on the fact that you didn’t get prompt medical care to argue your injuries were caused by another incident or aren’t very serious. Don’t give them arguments they can use to dispute your claim.
3. Not Obtaining Contact Information
Not collecting the at-fault driver’s and their insurance company’s contact information makes it much harder to establish your claim. Even with all the best surveillance from traffic cameras or eyewitness accounts, it’s vital to know who hit you and how to hold them responsible.
4. Not Preserving Evidence
If you’re able, it’s essential to compile evidence and documentation. This is often a challenge immediately after the accident, depending on the nature of your injuries, but any proof you can provide helps our team. Information valuable to your case includes:
- Photos and videos of the accident scene, any damage to the motor vehicle that struck you, and your injuries
- Eyewitness contact information
- All your accident-related medical bills
- Paystubs and other proof of your wage losses
5. Talking to the Insurance Adjuster
If possible, limit your communications with an adjuster representing the negligent driver’s insurer and avoid discussing the details of the incident and your injuries. Why is this important? You don’t want to inadvertently say something the adjuster can use to deny your claim or drag out settlement negotiations.
6. Giving a Recorded Statement to the At-Fault Insurance Company
Another mistake some pedestrian accident victims make is to agree to this. Keep in mind that you’re under no obligation to do so. Instead, politely refuse, tell the adjuster you’re represented by legal counsel, and direct all future communications to our office.
7. Accepting a Quick Settlement
If an adjuster recognizes you have a strong claim, they may make an immediate settlement offer for far less damages than you deserve. Why are they doing this? They hope you’ll accept it because you’re vulnerable and experiencing the financial stress of trying to pay your medical and monthly bills when you’re receiving a paycheck. You should never accept a settlement offer without consulting with our pedestrian accident lawyer first.
8. Missing Important Deadlines
If you miss crucial deadlines in your case, you could ruin your chances of obtaining damages from the insurance company. This is especially true if you don’t file within the timeline of Washington’s three-year statute of limitations to sue under RCW §4.16(2). The judge would likely dismiss your lawsuit, and the insurance company would have no reason to offer any type of settlement because it knows you cannot sue its insured motorist.
9. The Biggest Mistake: Not Hiring a Washington Pedestrian Accident Lawyer
One of the top errors you could make is to go it alone and not hire Max Meyers Law. With our guidance, you won’t have to worry about these and other mistakes that could hurt your claim. Other benefits our legal team provides you include:
- Take over communications with the insurance company. This simplifies the flow of information and gives you assurance that everything is being handled correctly.
- Collect evidence. We preserve and gather proof relating to the cause of your accident and act quickly before it’s lost, such as nearby store surveillance or traffic camera footage and eyewitness witness statements.
- Negotiate your settlement. Max Meyers offers you decades of experience helping victims of car accidents and has multiple strategies to defeat the insurance company’s tactics to dispute your claim. He’ll fight hard to obtain the compensation you’re entitled to in your settlement.
- Litigate your case. Whether through successful verdicts at jury trials or favorable out-of-court settlements, our previous clients can vouch for the value of our extensive experience to help you reach the best outcome.
