How Insurance Companies Try to Blame Motorcyclists After an Accident
Motorcycle accidents can result in serious injuries, expensive medical treatment, and significant time away from work. Unfortunately, injured riders may face another challenge when pursuing compensation: an insurance company that tries to blame them for the crash.
Insurance companies have a financial incentive to minimize what they pay on motorcycle accident claims. One way they may do this is by relying on stereotypes about motorcyclists or arguing that the rider’s actions contributed to the collision. Understanding these tactics can help injured riders protect their claims.
Claiming the Motorcyclist Was Speeding
Speed is a common issue raised after motorcycle accidents. An insurance adjuster may argue that the rider was traveling too fast, even when there is little evidence to support that conclusion.
Because motorcycles can accelerate quickly and may appear to be traveling faster than they actually are, witness estimates are not always reliable. Accident reconstruction evidence, vehicle damage, surveillance footage, skid marks, and electronic data may provide a more accurate picture of the motorcycle’s speed before the crash.
Arguing the Rider Was Driving Recklessly
Insurers may also attempt to portray normal motorcycle riding as reckless behavior. They might point to lane changes, passing another vehicle, or the motorcycle’s position within a lane as evidence that the rider was responsible.
The important question is not whether someone was riding a motorcycle, but whether their conduct actually contributed to the accident. A driver who turns left in front of an approaching motorcycle, fails to check a blind spot, or follows a motorcycle too closely may still be responsible for the collision.
Using Motorcycle Stereotypes Against the Rider
Motorcyclists sometimes face assumptions that they are risk-takers who routinely speed or ignore traffic laws. An insurance company may try to take advantage of these stereotypes when evaluating a claim.
Liability, however, should be determined by the facts of the accident. Police reports, photographs, videos, witness statements, and physical evidence can all help establish what actually happened.
Blaming the Rider’s Protective Gear
After a serious motorcycle accident, an insurer may scrutinize whether the rider was wearing a helmet or other protective equipment. The company may argue that the rider could have reduced the severity of certain injuries by taking additional precautions.
These arguments can become complicated because the cause of the accident and the extent of the resulting injuries are separate issues. A motorcyclist’s clothing or protective equipment does not automatically excuse a negligent driver who caused the collision.
Using the Rider’s Statements Against Them
Insurance adjusters may contact injured motorcyclists soon after an accident and request a recorded statement. Questions that appear routine can sometimes be used to obtain statements that minimize injuries or suggest the rider shares responsibility.
Motorcyclists should be careful about making assumptions regarding speed, distance, or fault when they do not know the answer. Even seemingly harmless comments can become important later in the claim.
Protecting Your Motorcycle Accident Claim
When an insurance company tries to blame a motorcyclist, evidence can make a significant difference. Photos and videos from the scene, witness information, medical records, police reports, and other documentation may help counter an insurer’s version of events.
A personal injury attorney can also investigate the accident, preserve important evidence, deal with insurance adjusters, and challenge attempts to unfairly shift responsibility to the rider. If you were injured in a motorcycle accident, speaking with an experienced motorcycle accident lawyer can help you understand your rights and your options for pursuing compensation.
Contact Justice Through Compensation for Help
If you or a loved one was injured in an accident, please know that the law firm of Justice Through Compensation is here to help. Our legal team is skilled, experienced, and passionate in their representation. Let us shoulder the burden of an injury claim or lawsuit while you focus on healing from your injuries. Contact us today for the quality legal help you deserve.
* Main image at top by Magnific