Hit by a car while riding your motorcycle and wondering how to deal with the insurance claim?
Trust us; you’re not alone. Insurance companies are an absolute nightmare to deal with after a motorcycle accident.
The fact is motorcyclists are 28 times more likely to be involved in a fatal accident than car drivers — and insurance companies know it.
Insurance adjusters will do anything to pay you as little as possible.
But the good news…
If you take the right steps and understand your motorcycle accident lawyer services, you can successfully navigate the insurance claim process and get the settlement you deserve.
Here’s what we’ll cover in this guide:
- Why Insurance Companies Go after Motorcycle Accident Claims
- The Real Costs of Motorcycle Accident Insurance Claims
- Maximizing Your Settlement Value
- Top Insurance Company Tricks and Tactics to Watch Out For
- When it’s Time to Call Professional Legal Help
Why Insurance Companies Go after Motorcycle Accident Claims
Ever wonder why insurance companies are so aggressive with motorcycle accident claims?
It all boils down to one word: bias.
Insurance adjusters have an unconscious bias against motorcyclists. They see you as a reckless, adrenaline-fueled thrill-seeker who caused your own injuries. This negative bias impacts every decision they make on your claim.
Here’s the problem…
The statistics tell a very different story. In 64% of motorcycle crashes with another vehicle involved, the driver of the other vehicle was at fault for the crash.
Insurance companies know this. But even though your accident probably wasn’t your fault, they’ll try to find some way to blame you for your injuries. This is exactly why many riders turn to a skilled motorcycle accident lawyer in San Diego to level the playing field against these tactics.
By convincing you that you’re partially at fault, insurance adjusters dramatically reduce their payouts because of comparative negligence laws.
This is why they target motorcycle accident claims.
The Real Costs of Motorcycle Accident Insurance Claims
Ready for a shocker?
The average payout for a motorcycle accident settlement is between $10,000 and $100,000. A significant number of cases resolve with a payout around $66,000.
Notice the wide range? That’s because the initial offers you get from insurance companies will be significantly lower.
Insurance adjusters lowball initial offers knowing you’ll just accept it instead of hiring a lawyer to fight for more.
The cost of your insurance claim depends on several factors, such as:
- Injury severity – Brain injuries and spinal cord damage result in much higher settlements.
- Medical costs – Current and future expenses for treatment and rehabilitation.
- Lost wages – Including current lost income and future lost earning capacity.
- Property damage – Repair or replacement of the motorcycle.
- Pain and suffering – The most challenging part of your settlement to estimate but also usually the largest.
Insurance companies are counting on you to be shocked by their lowball offers and accept.
Maximizing Your Settlement Value
Ready to know how to maximize your settlement value?
It takes a specific strategy to get the most money out of your motorcycle accident insurance claim. Here are the steps you must take:
Document, Document, Document
From the moment you’re able to after the accident, start collecting evidence:
- Photographs of the accident scene and any injuries.
- Names and contact information of witnesses.
- A copy of the police report.
- All medical records and bills.
- Notes about the accident and your injuries (take photos).
Insurance companies will always try to claim your injuries occurred after the crash, were pre-existing, or were unrelated to the crash. Solid evidence of your injuries right after the accident and their progression will prevent this tactic.
Don’t Accept the First Offer
Here’s a shocker…
The first settlement offer you receive from the insurance company will almost always be the absolute lowest amount they are willing to pay. Insurance adjusters expect you to negotiate.
Expect them to offer you a lowball settlement and negotiate to a much higher amount.
Get Your Medical Treatment First
This is one of the most important pieces of advice:
Don’t rush to settle your insurance claim before you finish medical treatment.
Insurance adjusters love it when you try to settle without full medical treatment because you usually have no idea of the extent and cost of your injuries.
You can’t effectively negotiate a settlement until you have a good idea of how much treatment and rehabilitation your injuries require.
Wait until you reach maximum medical improvement and all your treatment is complete before you even consider settling your claim.
Common Insurance Company Tricks and Tactics to Avoid
Insurance companies have a playbook of dirty tricks to reduce or deny payouts.
Here are some of the most common:
The Quick Settlement Trap
Adjusters will often call you within days or weeks of the accident and offer a “quick settlement.” They’ll say it’s an easy way to avoid the hassle of the claims process.
Don’t fall for it. This is almost always a very low offer designed to pressure you into closing your claim before you know the real value.
Recorded Statements
Insurance companies will also try to get you to give a recorded statement about the accident.
Don’t do it. These statements are used to trap you into saying something to hurt your claim or find inconsistencies in your story.
You are under no legal obligation to provide a recorded statement to the other driver’s insurance company.
Fishing Expeditions for Medical Records
Adjusters will also request all your medical records for the last several years before your accident.
The idea is they can find some old unrelated condition or injury they can blame your current injuries on.
Limit your medical records release to only records and bills for treatment of injuries from the motorcycle accident.
When it’s Time to Call Professional Legal Help
So when should you actually call a motorcycle accident lawyer and get professional legal help?
Here are the key situations:
Serious Injuries
If you have sustained brain injuries, spinal cord damage, broken bones, or other significant injuries, it is worth talking to an attorney to discuss your legal options.
Serious injury cases can result in settlements and verdicts in the hundreds of thousands or even millions of dollars.
Disputed Liability
When the insurance company is blaming you or another driver for the accident, you need skilled legal representation to fight for you.
Proven attorneys can investigate the crash and gather the evidence needed to prove the other driver was negligent and responsible for your injuries.
Low Settlement Offers
If the insurance company’s offer is nowhere near covering your medical bills, lost income, and pain and suffering, you should consider legal help.
Attorneys have years of experience valuing claims and negotiating with insurance companies to get the best settlement possible.
Insurance Company Delays
Insurance companies can hold up the claims process for months in the hopes you will get frustrated and accept their lowball offer.
Legal representation can put the necessary pressure on the insurance company to get them to process your claim and negotiate in good faith.
The Settlement Process in Detail
The insurance claim and settlement process can seem overwhelming. But it is much more straightforward when you understand the steps:
- Investigation Phase (2-4 weeks) – The insurance company investigates the accident and assesses liability based on the police report and any other evidence.
- Medical Treatment Phase (varies) – You focus on recovery while building up medical documentation.
- Demand Phase (2-6 weeks) – Your attorney will send a demand letter to the insurance company detailing your damages and making a compensation demand.
- Negotiation Phase (4-12 weeks) – The two sides engage in negotiations to arrive at a fair settlement amount.
- Settlement Phase (2-4 weeks) – Final paperwork is completed and the settlement funds are processed.
The entire process can take anywhere from 6 to 18 months depending on case complexity and injury severity.
Wrapping Up
Surviving the insurance claim process after a motorcycle accident is all about strategy.
The key is knowing that insurance companies are in business to pay you as little as possible – not to help you get the compensation you need and deserve.
Here are your action steps to getting the right settlement:
- Document everything from the beginning
- Never accept the first settlement offer
- Don’t give a recorded statement without talking to a lawyer first
- Get all your medical treatment and rehabilitation before settling
- Get professional legal help for serious injury cases or disputed liability claims
