As someone who has been in a motorcycle accident, you understand the physical, emotional, and financial toll it can take on your life. In addition to dealing with injuries and recovery, you may also have to face biases from insurance companies that can impact your ability to receive fair compensation. While accidents involving motorcycles often happen due to other drivers' negligence or reckless behavior, insurance companies may have biases against motorcyclists that can affect the claims process and settlement offers.
The truth is that handling insurance company biases against motorcyclists is a complex process. Still, with the help of a knowledgeable Myrtle Beach motorcycle accident lawyer, you can level the playing field and fight for the compensation you deserve. You need to hire an attorney dedicated to advocating for motorcycle accident victims who understands the potential causes of crashes.
Contact a motorcycle accident law firm near you today for a free consultation to discuss your case.
What are Common Biases Against Motorcyclists?
Unfortunately, there are several common biases that insurance companies may hold against motorcyclists. These biases can influence how insurance adjusters approach motorcycle accident claims and may result in reduced settlement offers. Some of the most prevalent biases include:
- Motorcyclists are reckless: Insurance companies may unfairly portray motorcyclists as reckless and prone to taking unnecessary risks. This bias can lead to assumptions that the motorcyclist is at fault for the accident, even when evidence suggests otherwise.
- Motorcyclists are more likely to be at fault: Insurance companies may have a bias that places the majority of blame on motorcyclists in accidents involving cars or other vehicles. This bias ignores the fact that the negligence of other drivers causes many accidents.
- Motorcyclists are more prone to injury: Insurers may argue that motorcyclists should bear a higher degree of responsibility for their injuries due to the perceived inherent risks of riding a motorcycle. This bias can result in reduced compensation for medical expenses, lost income, and pain and suffering.
These biases can affect an insurance company’s attitude toward a motorcycle accident claim from the get-go. This makes it immediately challenging to obtain a fair settlement offer, so you must do everything possible to protect yourself and the compensation you deserve. Seek legal help right away.
Why These Biases Are Untrue
Challenging these biases and recognizing that they are rooted in stereotypes rather than factual evidence is important. The reality is:
- Motorcyclists are not inherently reckless: Like any other road user, motorcyclists have a right to occupy the road and follow traffic laws. The majority of motorcyclists prioritize their safety and take precautions to avoid accidents.
- Motorcyclist fault is often unjustly assumed: Many motorcycle accidents are due to other drivers' negligence, such as failing to check blind spots or making unsafe lane changes. It is crucial to investigate the facts of each case to determine liability accurately.
- Motorcyclists suffer severe injuries because of others: While it is true that motorcycle accidents can result in serious injuries, the fault lies with the negligent party, not the victim. Motorcyclists deserve fair compensation for medical expenses, lost income, and pain and suffering.
While you might know these realities, it can be difficult to convince others that your motorcycle crash was not your fault and that you should receive coverage of all your losses from the liable parties.
Many Motorcycle Accidents Happen Due to Other Drivers
Contrary to biased perceptions, a significant number of motorcycle accidents are because of other drivers. According to a study by the National Highway Traffic Safety Administration (NHTSA), approximately two-thirds of motorcycle accidents involve a collision with another vehicle, most often a passenger car. The study also found that the leading cause of these accidents is the failure of motorists to detect and recognize motorcycles in traffic. About 41 percent of collisions happened because another driver failed to see the motorcycle.
Negligent actions such as distracted driving, speeding, and failure to yield the right of way contribute to the majority of motorcycle accidents involving other vehicles. Despite these facts, insurance companies may still try to shift blame onto the motorcyclist and downplay the responsibility of other drivers.
Seeking Compensation from Negligent Drivers for Motorcycle Injuries
If you have suffered an injury in a motorcycle accident caused by another driver's negligence, it is essential to understand your rights and options for seeking compensation. As a motorcycle accident victim, you may be entitled to compensation for:
- Medical expenses: Including hospital bills, doctor visits, rehabilitation costs, and ongoing medical treatment related to your injuries.
- Lost income: If your injuries prevent you from working or result in a loss of income, you can seek compensation for what you would have earned.
- Pain and suffering: Motorcycle accidents can cause significant physical and emotional pain. Compensation for pain and suffering aims to alleviate the non-economic damages you have endured.
To pursue a successful claim against the negligent driver, you need strong legal representation from a motorcycle accident lawyer who understands the complexities of these cases. Your lawyer must convince the insurance company that you deserve compensation for all your losses.
How Insurance Companies Use Biases to Reduce Settlement Offers to Injured Motorcyclists
Insurance companies employ various tactics to reduce settlement offers to injured motorcyclists, often exploiting biases against them. Some of the ways insurance companies may use biases to their advantage include:
- Minimizing injuries: Insurers may downplay the severity of your injuries or argue that they are solely a result of motorcycle riding, seeking to reduce your compensation.
- Questioning liability: Insurance adjusters may attempt to shift the blame onto the motorcyclist to avoid or decrease liability. They may use biased assumptions or argue that the motorcyclist was not compliant with traffic laws.
- Settlement pressure: Insurance companies may push for an early settlement, hoping you will accept a low offer before fully understanding the long-term costs of your injuries.
Never accept any settlement offer without first seeking advice from a motorcycle accident lawyer who can provide guidance and protect your rights.
Why You Should Never Accept a Settlement Offer Without Legal Advice
When dealing with insurance companies after a motorcycle accident, it is in your best interest to consult with an experienced motorcycle accident lawyer before accepting any settlement offer. Insurance adjusters are trained to protect their company's interests and may try to take advantage of your vulnerability during this challenging time.
When you receive an initial offer, insurers hope you will accept it without speaking to a lawyer first. This first offer is usually far lower than you deserve, but the insurance company assumes you do not realize the full extent of your losses. Once you accept a lowball offer, you cannot go back and request more when you realize its inadequacy.
Once you have a lawyer, they will review any settlement offers and advise whether you should accept. If the offer is insufficient, your attorney will negotiate for the full amount you need.
By seeking legal advice, you gain access to:
- Legal experience: A motorcycle accident lawyer understands the laws, regulations, and intricacies specific to motorcycle accidents. They can navigate the legal process and advocate on your behalf.
- Case evaluation: An attorney will thoroughly evaluate your case, gathering evidence, interviewing witnesses, and consulting with experts if necessary. This comprehensive approach ensures that your claim is substantiated.
- Negotiation skills: Lawyers are skilled negotiators who can effectively communicate and counter insurance tactics that aim to reduce your settlement. They will fight for your rights and pursue fair compensation.
How a Motorcycle Accident Attorney Can Combat Insurance Biases
A motorcycle accident attorney can play a vital role in combatting insurance biases and securing the compensation you deserve. Here are some ways they can help:
- Accurate assessment of damages: Your attorney will carefully evaluate the full extent of your injuries and resulting damages. They will ensure that all medical expenses, lost income, and emotional suffering are considered when calculating the value of your claim.
- Evidence gathering: To build a strong case, your attorney will collect all necessary evidence, such as police reports, witness testimonies, medical records, and accident reconstruction data. This evidence will help refute any biased assumptions made by insurance adjusters.
- Legal strategies: Your attorney will craft effective legal strategies tailored to your case, accounting for the biases and challenges specific to motorcycle accident claims. They will present persuasive arguments to counter the insurance company's bias-driven tactics.
- Dealing with insurance companies: Your attorney will handle all communication with the insurance company to protect your rights and shield you from any attempts to coerce or pressure you into accepting an inadequate settlement offer.
- Litigation if necessary: If negotiations with the insurance company fail to result in a fair settlement, your attorney will be prepared to take your case to court. They will ensure that your side of the story is heard and fight for your rights in the legal arena.
Your Attorney Will Fight for Full Compensation and Against Wrongful Blame
One of the significant advantages of hiring a motorcycle accident attorney is their commitment to fighting for your full compensation and against the wrongful blame that insurance biases may place on you. Your attorney will counteract biased assumptions, challenge inaccurate claims, and ensure your voice is heard throughout the claims process.
By presenting evidence the other driver was fully to blame, your lawyer counters wrongful accusations against you by insurers. Then, they will present evidence of the severity of your injuries and the damages you deserve.
Taking Your Motorcycle Accident Claim to Court if Insurers Are Uncooperative
When dealing with an insurance company after a motorcycle accident, it is not uncommon to face challenges and biases that can hinder your ability to receive fair compensation. If you find yourself in this situation, taking your motorcycle accident claim to court may be necessary to ensure you receive the compensation you deserve.
One of the main reasons to consider taking your case to court is if the insurance company is uncooperative or refusing to negotiate a fair settlement. Insurance adjusters are trained to protect the interests of their company and may use various tactics to undervalue your claim. By filing a motorcycle accident lawsuit, you are leveling the playing field and putting your case in the hands of a neutral third party, the judge and jury.
Taking your motorcycle accident claim to court also allows for a thorough investigation into the accident and your injuries. In many cases, insurance companies will try to minimize the extent of your injuries or argue that they were pre-existing conditions. By presenting your case in court, you can provide medical records, expert testimony, and other evidence to prove the true extent of your injuries and their impact on your life.
Court proceedings also provide an opportunity for you to tell your story, as well as to hold the at-fault party accountable for their negligence. Insurance companies often try to shift blame onto the motorcyclist, painting them as reckless or at fault for the accident. By presenting your case in court, you can counter these biases and compellingly present the facts.
Taking your motorcycle accident claim to court can be a complex process that requires legal experience. You should always hire a motorcycle accident lawyer with litigation experience so they can guide you through the legal proceedings and protect your rights. They can provide valuable advice, negotiate on your behalf, and represent your best interests in court.
Remember, if the insurance company is uncooperative or refusing to provide fair compensation for your motorcycle accident claim, taking your case to court may be the best way to secure the compensation you deserve. Consult with an experienced attorney who can guide you through the process and advocate for your rights.
Seek Help from a Motorcycle Accident Lawyer Today
If you have been a victim of a motorcycle accident, take action to protect your rights and seek fair compensation for your injuries. Insurance company biases should not stand in your way of obtaining the justice you deserve. Contact an experienced personal injury lawyer today to schedule a free consultation. Don't let insurance biases hold you back from seeking justice.
