Dealing with insurance companies following a motorcycle accident can be challenging, but it becomes far more difficult when biases against motorcyclists come into play. Insurance companies often have preconceived notions about motorcyclists, assuming they are more likely to engage in reckless behavior or be at fault in accidents. This bias can lead to unfair treatment and denial of legitimate claims.
Motorcyclists have the right to receive fair treatment from insurance companies, though this rarely happens when they try to pursue a claim alone. If you need to file an injury claim following a collision, the best way to protect yourself from motorcycle bias is to allow an experienced Atlanta motorcycle accident attorney to handle the claim process.
The right lawyer can protect your rights to full compensation and fight for fair treatment in your insurance claim
Most Motorcycle Collisions Happen Due to Other Drivers
One common misconception is that the motorcyclists themselves primarily cause motorcycle collisions. In reality, the majority of motorcycle accidents happen because of other drivers on the road. Negligent or reckless drivers can hit any vehicle, and motorcycles are especially vulnerable since they are so much smaller and more difficult to see.
Further, motorcycles offer less protection than cars, which means motorcyclists are at greater risk of injury in collisions. Insurance companies should recognize these facts and not blame motorcyclists unfairly without proper evidence. However, they usually do the opposite and make the aftermath of an accident more difficult for seriously injured riders.
The following are only some examples of the most common causes of motorcycle crashes. Note that they do not stem from the motorcyclists themselves.
Distracted Drivers
Distracted driving is a significant factor in many motorcycle accidents. With the rise of smartphones and other electronic devices, drivers are increasingly distracted behind the wheel. Texting, eating, talking on the phone, or using navigation systems can divert a driver’s attention from the road, making them more likely to collide with a motorcycle. Insurance companies should acknowledge the dangers of distracted driving and hold these drivers accountable for their actions.
Impaired Drivers
Impaired driving, whether due to alcohol or drugs, poses a significant risk to motorcyclists and other road users. Impaired drivers have slower reaction times, impaired judgment, and reduced coordination, making them more likely to cause accidents. Insurance companies need to recognize the role of impaired drivers in motorcycle collisions and ensure that victims get appropriate compensation.
Failure to Yield
Failure to yield the right of way is a common cause of motorcycle accidents. Many drivers fail to properly observe traffic rules and yield to motorcyclists, resulting in collisions. This is especially common when drivers turn in front of an oncoming motorcycle at an intersection. Insurance companies should not automatically assume that motorcyclists are at fault in these cases. Instead, they should thoroughly investigate the circumstances of the accident and assign responsibility based on the evidence.
Failure to Check Blind Spots
Motorcycles are smaller and less visible than cars, making them more prone to being overlooked in blind spots. Drivers who fail to check their blind spots before changing lanes or turning can easily collide with motorcyclists. The smaller size of motorcycles is no excuse, as drivers are expected to carefully check for any sized vehicle before changing lanes. Insurance companies must consider the increased risk motorcyclists face due to their smaller size and limited visibility.
Aggressive Drivers
Aggressive driving behaviors such as tailgating, speeding, and frequent lane changes can pose a significant danger to motorcyclists. Drivers regularly become frustrated with motorcyclists on the road, often engaging in dangerous and aggressive behaviors around them. Insurance companies should not dismiss the impact of aggressive driving on motorcycle accidents. They should recognize that aggressive drivers are often at fault in collisions involving motorcyclists and provide appropriate compensation to the victims.
A Negligent Driver’s Insurance Company SHOULD Cover Your Losses from a Motorcycle Accident
When you have injuries from a motorcycle accident due to a negligent driver, their insurance company should pay for your losses. This includes:
- Past and future medical expenses
- Past and future lost income
- Physical and mental pain and suffering
Insurance companies are legally obligated to provide this compensation if their policyholder is at fault. However, despite what the policy language says, biases against motorcyclists can sometimes influence insurance companies to wrongfully deny or reduce the compensation to the injured motorcyclist.
You never have to simply accept a claim denial or a lowball settlement offer when an insurance company is wrongfully blaming you and accusing you of being a reckless motorcyclist. Instead, ensure you have a determined motorcycle accident attorney representing you and challenging any bias or accusations of fault.
Why Do Insurance Companies Have Motorcyclist Bias?
It’s no secret that insurance companies often display bias against riders. But why is that? Understanding the underlying reasons behind this bias can help motorcyclists dealing with insurance companies after an accident.
One of the main reasons for insurance companies’ bias against motorcyclists is the stereotype surrounding riders. Society often portrays motorcyclists as reckless and lawless, which can influence the perception of insurance company adjusters.
When motorcyclists are depicted in movies or television shows, they are often in gangs or violating the law. These preconceived notions can lead to biased decisions when determining fault or compensating motorcyclists for their injuries and damages.
Additionally, insurance companies may have a financial motivation for bias against motorcyclists. Motorcycle accidents regularly result in catastrophic injuries to riders, which can result in high-value losses and claims.
Paying out large settlements for motorcycle accidents can significantly affect the profitability of an insurance company. As a result, insurance adjusters may be more inclined to undervalue claims, delay the process, or deny valid claims altogether. Accusing a motorcyclist of fault based on bias can be a tactic to protect an insurance company’s bottom line.
Whatever the reason, dealing with insurance company biases can be challenging and frustrating for motorcyclists. In the worst situations, it can leave unrepresented motorcyclists without the compensation they need and deserve.
Consulting an experienced motorcycle accident attorney should be your first step in protecting yourself against bias and insurance company tactics.
Wrongful Blame Can Reduce or Eliminate Compensation
When an insurance company wrongfully blames the motorcyclist for an accident, it can severely affect their ability to receive fair compensation for their losses. The insurance company may use the wrongfully assigned blame as a reason to reduce compensation. Most states have laws that reduce financial recovery when someone contributes to an accident.
Sometimes, insurers will try to pin complete blame on the motorcyclists to deny the claim altogether. This can burden the injured motorcyclist with the entirety of their medical bills, property damage costs, and other expenses that the negligent driver’s insurance should cover.
In short, motorcycle bias that leads to wrongful blame can cause immense financial concerns for injured motorcyclists well into the future if they do not deal with the situation properly.
Never Accept Wrongful Blame by Insurance Companies
If an insurance company wrongfully assigns blame to you as a motorcyclist, whether partial or total, know that you never have to accept it without question. Doing so usually means leaving significant money on the table that you should take home to cover your losses.
Instead, seek legal representation immediately. Consult an experienced motorcycle accident attorney in your area if you have not done so already. They can review the details of your case, gather evidence to support your innocence in the accident and challenge the insurance company’s biased decision that you were to blame.
It is necessary to assert your rights and ensure you are treated fairly by insurance companies. Otherwise, you can feel unnecessary financial burdens for years.
Ways an Experienced Motorcycle Accident Attorney Can Challenge Insurance Company Bias
One way an experienced attorney can challenge insurance company bias is by thoroughly investigating the accident. They will gather all necessary evidence, such as accident reports, witness testimony, and police reports, to build a strong case.
By presenting a comprehensive and compelling case, your attorney can counter any potential biases and ensure the insurance company has all the necessary information to assess the claim accurately. If your claim has already been denied, they can assemble a strong and persuasive appeal package.
Another way an attorney can challenge bias is by leveraging their in-depth knowledge of motorcycle laws and regulations. Insurance adjusters regularly rely on stereotypes and prejudices about motorcyclists, assuming they are reckless or more likely to be at fault in an accident.
However, an experienced attorney can effectively challenge these biases by demonstrating that the motorcyclist was following all traffic laws and that the accident was caused by another party’s negligence.
Furthermore, an attorney with experience in motorcycle accident claims can negotiate with the insurance company on behalf of the injured motorcyclist. Insurance adjusters are trained to minimize settlements and may take advantage of their biases against motorcyclists.
A skilled attorney can counteract this by advocating for fair compensation and using their negotiating skills. The right lawyer will not back down in the face of lowball offers based on unfair bias. If necessary, an attorney can file a personal injury lawsuit and take the case to court, where it might be more challenging for the insurance company to promote the idea that you were the reckless and liable party.
Never Accept a Low Settlement Offer Without Legal Advice
Insurance companies may try to take advantage of motorcyclists by offering low settlement amounts in hopes that they will accept without seeking legal advice. This can be a tactic to exploit biases against motorcyclists and avoid paying fair compensation.
Further, insurance companies know that injured claimants might be facing financial struggles, so they might be more likely to jump at the prospect of a quick settlement check.
Never accept any settlement offer without consulting a motorcycle accident attorney. They can assess the value of your claim, negotiate on your behalf, and ensure that you receive a fair and just settlement.
Holding Out for the Full Compensation You Deserve for Your Motorcycle Injuries
When bias creeps into the insurance process, you do not have to simply accept it. With the representation of the right motorcycle accident lawyer, you can stay determined and fight for the full compensation you deserve for your injuries.
One of the key factors that insurance companies may downplay is the extent of your medical bills. Motorcycle accidents can result in serious injuries that require extensive medical treatment and ongoing care. It’s important to document all medical expenses, including hospital bills, doctor visits, surgeries, physical therapy, medications, and any other related costs. By meticulously gathering and presenting this evidence, your attorney can show the true financial impact of your injuries.
Another area where insurance bias may manifest is in calculating lost income. Many motorcyclists suffer injuries that prevent them from returning to work, either temporarily or permanently. This loss of income can have significant financial consequences, adding to the overall impact of the accident. Your lawyer can gather documentation of your pre-accident income and any expert opinions or projections on your future earning potential.
Lastly, insurance companies might overlook the physical and emotional pain and suffering you’ve endured as a result of the accident. Motorcycle accidents can lead to severe injuries, long-term disabilities, and psychological trauma. Your attorney can communicate the full extent of your pain and suffering, both physical and psychological, to the insurance adjuster. Providing medical records, witness statements, and personal testimony can help illustrate the accident’s impact on your overall well-being.
By recognizing and addressing bias in insurance claims after a motorcycle collision, you and your lawyer can increase the chances of obtaining fair financial recovery.
Motorcycle Accident Claims Can be More Challenging Than You Think – Always Seek Legal Representation
Handling a motorcycle accident claim can be more challenging than it initially seems. Insurance company biases, complex legal processes, and the need for thorough evidence can make it difficult for motorcyclists to handle on their own. It is always advisable to seek legal representation from an Atlanta personal injury attorney who can take over the process, protect your rights, and fight for the compensation you deserve.
Consultations are free, so schedule yours today.