Do You Qualify for Social Security Disability?

Why It's Harder For A Motorcyclist To Have An Accident Claim Approved

20 March 2023

Deann Miles

If you are struck by a motorist while riding a motorcycle, you might assume that the insurance provider will cover you. While this might ultimately be the case, getting the insurance provider to cover you initially might be difficult. Auto insurance providers are biased against motorcyclists and will try to pay as little as possible if they can get away with it.

No-Fault Vs. At-Fault Coverage

When filing a claim with your motorcycle insurance provider, they will pay for your damages if you meet the eligibility requirements. However, suppose you are involved in a motor vehicle accident with a motorist who carries liability insurance, which is required in most states. In that case, you must prove that the at-fault party is responsible for the accident to be entitled to compensation.

Auto Accident Liability

If you cannot prove that the other party is at fault for the accident, they have no obligation to compensate you for your injuries. However, there are, unfortunately, cases where the other party was at fault, but the auto insurance provider chose not to approve your claim in bad faith.

Biases Against Motorcyclists

Because you were injured while on a motorcycle, it's likely that you were more severely injured than you would be if you were in a passenger vehicle. As a result, an auto insurance provider will have an additional incentive not to compensate you for your injuries.

You might also face a biased jury if your case goes to trial. Some jury members are biased against motorcyclists because they believe a motorcycle is inherently dangerous. Because the insurance provider knows the jury might be biased, they're more likely to deny your claim.

Not Wearing a Helmet and Your Motorcycle Claim

If you were not wearing a helmet, this might also affect your case. In some states, you're not required to wear a helmet. But an insurance provider might still argue that you contributed to your injuries by choosing not to wear one.

For this reason, hiring a motorcycle accident attorney with experience with these types of claims is crucial. An attorney who handles motorcycle accidents will be aware of the common obstacles that motorcyclists encounter.

Don't Accept a Lowball Offer

You might be given a lowball initial offer and feel relieved to receive a settlement offer. However, it's essential to refrain from accepting the offer and consult with an attorney instead. They will be able to help you build a solid case for why you deserve to be paid for your medical expenses, lost wages, and pain and suffering. 

For more info, contact a local motorcycle accident attorney. 

Share

Search