CONTACT US 305.372.3650

Do’s & Don’ts for Filing a Pedestrian Accident Claim

crowd crossing pedestrian crossing

Do’s & Don’ts for Filing a Pedestrian Accident Claim

The outcome of a pedestrian accident claim will depend on a wide variety of factors. While some are completely out of your control, there are a few steps you can follow to help mitigate disputes when you are finally ready to proceed with your case.

crowd crossing pedestrian crossing

From the moments immediately after the wreck to the weeks that follow, here are a few actions you should—and shouldn’t—take that might help improve your chances of recovering a fair settlement:

Do Preserve Evidence from the Accident Scene

While it’s likely that you were rushed to hospital—those on foot rarely survived collisions unscathed—if you were able to take time to document the accident scene, you should compile any evidence you’ve gathered in a safe place.

Such proof can include photographs of the wreckage, dashcam videos, surveillance camera recordings, eyewitness statements, official accident reports, and the clothing you were wearing when you were struck. Your attorney will probably investigate the accident themselves, but any evidence you’ve managed to preserve could help aid their efforts.

Don’t Post about the Accident on Social Media

Insurance companies are always looking for any reason to devalue or deny claims. In their hunt for evidence that could be used to challenge your case, they may turn to social media to find any posts that could be used to discredit you. As such, you should lay low on social media, avoiding any temptation to post about the accident, your injuries, your pending claim, your social activities, or your expenses. It may be wise to deactivate your profiles for the duration of proceedings as this will prevent anyone from seeing your posts.

Do Stick to Your Treatment Plan

As a claimant, you are expected to take sufficient steps to mitigate your losses. Part of this responsibility involves visiting the doctor within a reasonable timeframe after the wreck. However, once you’ve got a diagnosis, your work isn’t done.

You will also need to make sure you stick to your treatment closely, as any deviations will likely be punished by the insurance company. While it can be difficult to follow orders to stay at home as you watch days, weeks, or even months of wages go down the drain, listening to your healthcare providers will almost always be worth it in the long run.

Don’t Provide a Recorded Statement

Soon after the crash, the claims adjuster will probably contact you for a recorded statement. However, if you say something inaccurate or that later turns out to be false, the insurance company can use your statements to call your credibility into question, potentially hurting your chances of recovering a fair settlement. As such, you should wait until you’ve had an opportunity to investigate the wreck and assess your damages before agreeing to this request.

Speak to a Miami Pedestrian Accident Attorney Today

Were you struck by a negligent motorist? Turn to the legal team at Viñas & DeLuca, PLLC, to find out whether you have grounds to seek damages.

We can meet with you as part of a free consultation wherein we can answer your questions, advise you on your next steps, and discuss how we might approach building your claim. Call us today at (305) 372-3650 or head over to our contact form HERE to request a free case review with a Miami pedestrian accident attorney.