After a motorcycle accident, dealing with insurance companies can be a challenging process. Unlike car accidents, motorcycle claims often involve more severe injuries and higher medical costs, making insurers more cautious when evaluating cases. Understanding how insurance companies handle these claims can help riders prepare for the process and protect their rights.
Investigation Of The Accident
Once a claim is filed, the insurance company will begin an investigation. This includes reviewing the police report, examining medical records, and assessing damage to the motorcycle. Insurers may also request witness statements or speak with both parties involved in the accident. Their goal is to determine fault and assess the extent of damages.
As a motorcycle accident lawyer can attest, insurance adjusters play a key role in this process. They will likely contact the injured motorcyclist to gather information and may ask for a recorded statement. It’s important to be cautious when speaking with an adjuster, as anything said could be used to minimize the claim’s value.
Determining Fault
Assigning fault is a major factor in how an insurance company will handle a motorcycle accident claim. Many states follow comparative fault laws, meaning an injured rider may still recover damages even if partially responsible for the accident. However, insurance companies may attempt to shift more blame onto the motorcyclist to reduce their payout.
One common argument insurers use is that motorcycles are inherently risky, and they may suggest that the rider’s actions contributed to the crash. As our friends at Law Firm of Edward Blinder, PLLC can attest, evidence such as traffic camera footage, accident reconstruction reports, and expert testimony can be important in disputing these claims.
Evaluating Injuries And Medical Treatment
Motorcyclists often suffer serious injuries, such as broken bones, head trauma, or spinal cord damage. Insurance companies carefully review medical records to determine the severity of injuries and whether the treatment was necessary. They may question the extent of medical care, argue that certain treatments were unrelated to the accident, or push for a quicker settlement before the full impact of the injuries is known.
Medical bills, doctor’s notes, and ongoing treatment plans all play a role in securing a fair settlement. Insurers may also request an independent medical exam (IME) to verify the severity of the injuries.
Settlement Negotiations
Once the insurer completes their evaluation, they will make a settlement offer. Initial offers are often lower than the actual cost of damages, as companies aim to minimize payouts. Many motorcycle accident claims require negotiations to reach a fair settlement that accounts for medical expenses, lost wages, and other damages.
It’s important to carefully review any settlement offer before accepting it. Once an agreement is signed, the claim is closed, and further compensation cannot be pursued. Seeking legal guidance can be beneficial, especially if the insurance company is undervaluing the claim.
What To Expect If A Claim Is Denied
Insurance companies sometimes deny motorcycle accident claims, citing policy exclusions, pre-existing injuries, or disputes over fault. When this happens, policyholders have the right to appeal the decision. This process often involves submitting additional evidence, medical records, or witness statements to challenge the denial.
Insurance companies focus on limiting payouts, and motorcycle accident claims are no exception. Knowing how they handle these cases with a lawyer can help riders take the right steps to protect their interests and secure fair compensation.