Motorcycle accidents happen frequently, leaving riders injured and needing financial assistance. In a recent year, collisions injured over 82,000 motorcyclists. Many of these riders seek compensation through insurance claims.
Motorcyclists often face unique challenges when it comes to insurance claims. Unfortunately, biases against motorcycle riders can influence how insurance claims assess claims, leading to unfair treatment.
A lawyer who understands these biases and knows how to get through the legal system can help motorcyclists seek financial recovery.
If you suffered an injury in a motorcycle accident, do not wait to seek legal help. A skilled motorcycle accident attorney can protect you against the insurance company’s biases and tactics and seek the compensation you deserve.
What Is a Bias?
Generally, a bias is a prejudice in favor of or against a person, group, or thing. Biases may be conscious or unconscious and may influence how a person perceives information, interacts with others, or makes judgments. They can arise from social norms or personal experiences and affect various aspects of life.
Common Motorcyclist Biases
Unfortunately, biases against motorcyclists are common. Insurance companies often view motorcycle riders unfavorably. This can influence how insurers handle insurance claims and may result in negative outcomes for motorcyclists.
Some of the prevalent biases against motorcyclists include:
Motorcyclists Are Reckless Risk-Takers
It’s no secret motorcyclists are often regarded as reckless risk-takers with indifference for others. This is why many individuals, including other drivers, don’t respect motorcycle riders and make it difficult to share the road.
Most motorcyclists enjoy riding their motorcycles while obeying all traffic laws, not wishing to create risks for themselves or anyone else.
Insurance company bias can cause adjusters to create assumptions about riders and put little effort into claims. Many insurers unfairly judge motorcyclists without having a whole picture.
Motorcyclists are At Fault for Accidents
Because Insurance companies regularly view motorcyclists as thoughtless and dangerous, this can affect the evaluation of fault for collision claims. Insurance companies tend to blame motorcyclists for accidents, often without a thorough investigation.
The common biases against motorcyclists ignore the fact that motorcyclists aren’t the only parties involved in collisions, and the negligence of others might cause these accidents.
Several factors contribute to motorcycle accidents, making multiple parties at fault, including other drivers, pedestrians, and governmental entities, to name a few. It’s wrong to believe riders are to blame for an accident simply because they’re riding motorcycles.
How Insurance Companies Use Biases Against Motorcycle Riders
Most insurers are intimately familiar with biases against motorcycle riders and tend to believe them. These biases often influence the way adjusters manage motorcycle accident claims and can result in:
Blame Shifting
Insurance companies want to protect their money, meaning they want to avoid paying out for claims. Insurers are likely to utilize common biases to shift the blame off of their insured onto the motorcyclists.
If the insurance company paints the motorcyclist as responsible for their own injuries, they can get away with paying little to nothing for the claim.
Underestimation of Damages
When investigating a claim, insurers determine how much a claim is worth based on available evidence and information.
Due to motorcyclist biases, insurance companies tend to undervalue damages associated with motorcycle accidents, including medical expenses and property damage. When the insurance company assigns a low value to your claim, you can end up with less than you deserve.
Increased Scrutiny
Motorcyclists might face additional scrutiny regarding their riding behavior, protective gear, and licensing status, even when these factors are irrelevant to the claim. Essentially, the insurance company will put you under a microscope and nitpick to try to meet its objective of minimizing payouts.
Claim Denials
In some cases, insurance companies deny motorcycle collision claims altogether. Insurers often get away with this, as many claimants take no for an answer without realizing they may have additional rights.
If you have a valid claim and the insurance company denies it, you have the right to know why and take further action. A motorcycle accident attorney can evaluate the situation and determine how best to proceed with your case.
Protecting Yourself Against the Insurance Company’s Biases
If you’re a motorcyclist involved in a collision, you must take certain steps to protect yourself from the insurance company. It is essential to safeguard your rights and interests in an effort to reach a favorable result for your claim.
Get Proper Medical Attention
Getting medical treatment is essential after a motorcycle accident. Motorcycles are dangerous, and, in a collision, they offer no protection against injury. For this reason, many motorcyclists are left with extensive injuries, including head and brain injuries, back and spinal cord injuries, broken bones, and road rash.
You should get a proper medical evaluation as soon as possible after your accident. A medical professional can conduct a physical examination and order additional diagnostic testing, including bloodwork and X-rays, to better understand your injuries. The sooner you receive a proper diagnosis, the quicker you can begin your recovery.
Along with putting your health first, getting medical attention ensures you have proper documentation regarding your injuries.
Medical records play a substantial role in motorcycle accident claims, as they can help establish the types of injuries you suffered, the severity of your injuries, and how they have affected your life. It’s harder for the insurance company to use biases against you when you provide a strong medical file.
Document Everything
You need accurate documentation for motorcyclists. After your accident, you need as much evidence as possible.
This can include:
- Photographs: Pictures of the accident scene, your motorcycle, and any other vehicles involved.
- Witness contact details: Obtain contact information from witnesses who can corroborate your version of events.
- Police reports: Get a copy of your police report. These reports often include plenty of important information, including details about the collision and liability.
Additionally, write down details about your accident and injuries. Keep a personal journal detailing your experience during and after the collision. Documenting your physical and emotional recovery can help convey the accident’s impact, supporting your claim for damages.
Hire an Experienced Attorney
Navigating an insurance claim is difficult enough, but when the insurance company uses bias against you, the challenge increases.
Discuss your situation with a personal injury attorney who is highly experienced in handling motorcycle accident cases. A lawyer can provide support and guidance, offer their professional opinion, and give you an idea of what you might expect during the claims process.
Be Aware of Common Insurance Company Tactics
Insurance companies are infamous for employing sneaky tactics to undermine claims and avoid paying.
With motorcycle accident claims, insurance companies are even more likely to use certain strategies, such as:
- Presenting lowball offers: The insurance company may offer a significantly lower settlement than you expect or deserve, hoping you’ll accept out of desperation. Additionally, the lowball offer may come in early on in the process before you fully understand your damages.
- Coercing settlements: Insurers may pressure you into agreeing to an offer. They may make it seem like you have little time to accept, or if you fail to accept right away, you won’t get any money at all.
- Delaying claims: The insurance company may intentionally prolong the claims process, as this usually frustrates claimants. Long delays commonly result in claimants settling for less or even abandoning their claims altogether.
- Requesting excessive records: Insurers may request more records than are necessary. Not only does this prolong the process, but insurers dig deep into medical records to try to claim your injuries are pre-existing and not related to your accident.
- Asking for recorded statements: A recorded statement allows you to provide details about your accident. While this may seem routine, insurance companies request these statements to use your words against you.
Awareness of these tactics can help ensure you don’t fall into the insurance company’s traps. Motorcycle accident attorneys know how insurers operate and can avoid certain pitfalls that negatively impact your claim.
Be Careful What You Say or Post
After a motorcycle accident, you may be inclined to share your story with friends and family or even post about it on social media. However, it’s best to keep shared details to a minimum and avoid posting on social media.
In some cases, the insurance company may have the opportunity to interview your friends and family concerning your case, and what they say can affect your claim. Additionally, many insurance companies look into claimants’ social media activity, so the insurer may try to use your social posts against you.
Don’t Accept Any Settlements without Input from Your Attorney
At some point in the claims process, the insurance company may present a settlement offer. Often, the first offer from the insurer is much lower than the claim is worth. In motorcycle accident cases, the first offer may reflect the insurer’s biases and be especially low.
If the insurance company approaches you with a settlement offer, do not immediately agree to anything. There's no going back once you agree to settle and sign the documents.
If you learn you needed more compensation to cover your medical expenses and other losses, you cannot reopen the claim outside exceptional circumstances.
Allow your lawyer to thoroughly review the offer, regardless of whether it’s your first, second, or third offer, to determine whether it adequately compensates you. If it doesn’t, your attorney can negotiate with the insurance company for a better settlement.
The Importance of Having a Motorcycle Accident Attorney Represent You
If you need to file an insurance claim after a motorcycle accident, it’s best not to handle it on your own.
An experienced attorney can help you and your claim with:
- Legal knowledge: The right attorneys understand personal injury law and insurance practices, which gives them an upper hand when handling your claim.
- Stronger negotiation: Lawyers are skilled negotiators who can advocate for your best interests, typically securing higher settlements than individuals might achieve on their own.
- Claim preparation: An attorney can help gather and organize all necessary documentation, including medical records, accident reports, and witness statements, to strengthen your case.
- Proving fault: During their investigation, your attorney can obtain evidence of the other party’s fault to exhibit their negligence, which can help eliminate doubts regarding liability.
- Understanding the value: Lawyers can assess the true value of your claim, considering not just immediate expenses but also future medical costs, lost earnings, and pain and suffering.
- Dealing with insurance companies: Attorneys know how to handle insurance adjusters and can protect you from the insurance company’s tactics and biases.
- Access to resources: Lawyers often have access to a network of experts, including medical professionals and accident reconstructionists, who can bolster your case.
- Legal representation: If you must file a lawsuit, having an attorney ensures you have someone experienced in litigation who can effectively represent you in court.
- Reducing stress: Managing an insurance claim can be overwhelming, especially while dealing with injuries. An attorney can handle the legal aspects, allowing you to put your time and energy into your recovery.
Overall, having a personal injury attorney can substantially enhance your chances of obtaining a fair settlement and protect you throughout the process. Motorcycle riders especially benefit from having legal representation to fight against insurance company biases.
Following a Motorcycle Collision, Seek Legal Representation
Insurance company biases against motorcyclists can create significant hurdles in the claims process. However, by understanding these biases and taking steps to protect yourself, like hiring a skilled personal injury lawyer, you can address the claims process more effectively.
After a motorcycle accident, do not delay in seeking help from a lawyer. You have rights as a victim, and an attorney can create a strong strategy to work toward a fair resolution, ensuring that biases do not dictate the outcome of your claim.
