Insurance companies often seem to have biases against motorcyclists, and not necessarily because adjusters truly believe a biker is riskier than the average person. Instead, insurance companies know that motorcyclists tend to suffer catastrophic injuries in collisions that lead to high-value claims, and they approach the claims process on the defensive. Part of this defense is often to allege a motorcyclist was reckless and to blame for their own accident and injuries.
Insurance companies hope that juries may view a case in the same light, as many people view bikers as inherent risk-takers and more reckless than the average person. However, this is not the case in most situations, and in reality, other drivers are usually to blame for motorcycle accidents. The insurance company is only trying to save money in what might be a very costly situation for them.
To combat motorcycle bias, anyone injured should immediately consult a motorcycle accident lawyer who can represent them to insurers from the start of the claim process.
The insurance company will often take a harsher view of motorcycle injury claims. Motorcycle accident injuries tend to be more serious because there is little to nothing to protect the biker from impact with another car or the pavement.
As a result, when the insurance company’s driver was to blame for the accident, the insurer might be on the hook for a substantial amount of money because the size of the settlement check is tied to the severity of the motorcyclist’s injuries.
Although the insurance company knows the motorcyclist deserves the entire settlement amount, adjusters will try to take advantage of any perceptions about bikers because they want to save the company as much money as possible.
The insurance company’s bias against motorcyclists often manifests itself in a higher denial rate of claims, often blaming the biker for their own injuries. They might claim the motorcyclist failed to present adequate evidence that the policyholder-driver was negligent in the accident. They might also simply accuse the motorcyclist of recklessness that caused the accident themselves. If there is ever a close call regarding liability, the insurance company will likely work against a motorcyclist because of the potential costs involved.
Further, insurance companies often believe a jury will agree about motorcyclist liability if the case goes to trial because of public perceptions about motorcyclists. Those who have never ridden a motorcycle regularly think it is very risky to do so, and they may think that bikers are reckless by nature. Thus, juries of average people may be more likely to side against an injured motorcyclist when deciding liability in a case. Insurers use this to their advantage during the claim process.
Even if the insurance company does not outright deny your claim, they may try to reduce the amount they offer you in a settlement. Each state has its own laws about whether a motorcyclist can recover compensation if they were partially to blame for the accident. In every state, the injured motorcyclist will not receive full recovery if they were partially to blame. The settlement will at least be reduced by some degree. In some states, motorcyclists cannot recover anything at all if they contribute to the accident. The insurance company knows this, so they try to find a way to blame the motorcyclist any time they can.
The good news is that motorcyclists are not helpless in such situations. Professional assistance is available in the form of an experienced motorcycle accident attorney.
Insurance companies tend to present greater bias against unrepresented motorcyclists. Adjusters know that claimants without attorneys often have little idea how to fight back against such challenges. You need an advocate fighting for the truth: that a negligent driver caused your accident, not you.
Therefore, you must obtain immediate legal representation from a motorcycle accident attorney. The insurance company may not even try many of their usual tricks when they see you have a motorcycle accident lawyer handling your claim from the start. If adjusters try to blame you, a motorcycle accident attorney can gather and use evidence that tells your side of the story and contradicts what the insurance company alleges. Such legal representation is often necessary to get the full amount of compensation you deserve in your legal case.
Remember that you do not have to – and should never – accept any settlement offer from the insurance company that unreasonably tries to reduce your compensation. If the insurance company is wrongfully trying to blame you for the motorcycle accident, you can always say no to their settlement offer. You should always discuss any settlement offers with your motorcycle accident attorney before you accept anything. Failing to do so can jeopardize your financial suture.
If an offer is inadequate, your motorcycle accident lawyer can negotiate on your behalf with the insurance company. The benefit of hiring a motorcycle accident lawyer is that the insurance company knows you mean business. Adjusters understand you are ready to fight for what you deserve and can expect a battle from you if they do not make a fair offer.
Ultimately, you can always take your motorcycle accident case to court, and the insurance company can test its hypothesis that a jury is more likely to side with them on liability. If the insurance company is wrong, a jury may award you even more in damages than you may have been offered in a settlement. You may have no choice but to file a lawsuit against the responsible driver if the insurance company tries to push their luck too far.
Many insurance companies are risk-averse, and they ultimately shy away from litigation. However, you need the show of force that comes along with hiring a personal injury attorney to persuade the insurance company that they must deal with you fairly. Seek your free consultation with a local law firm today.