Why So Many Motorcycle Accidents End in Denied Claims

Motorcycle accidents are associated with severe injuries, costly medical bills, and serious emotional trauma. Riders expect insurance companies to step up and provide the rightful compensation after a crash. Unfortunately, these claims are often denied, so victims are left in a financially precarious position. So, why does this happen?

The Motorcyclist Perception Problem

One major hurdle motorcyclists face is bias. Insurance companies and sometimes even juries may view riders as reckless thrill-seekers who take unnecessary risks on the road. This stereotype can lead adjusters to assume the motorcyclist is at fault, even when evidence suggests otherwise.

For instance, if a rider wasn’t wearing a helmet in states where it’s not legally required, insurers might argue that the injuries were self-inflicted. This may lead to a reduction or denial of the claim altogether. The right lawyer can help you overcome this bias by presenting strong evidence.

Lack of Evidence of Liability

Motorcyclists might lack the clear-cut evidence needed to determine and prove fault. Motorcycles do not have dashcams or black boxes like cars or commercial trucks, which can help prove what happened and who should be liable. Without solid proof, insurance companies may deny a claim, arguing there is insufficient evidence to support the rider’s version of events. For this reason, having a motorcycle accident lawyer collecting sufficient evidence to present to insurers is critical.

Comparative Negligence Issues

Some states allow you to recover a portion of compensation if you contributed to an accident, no matter how much fault you shared. However, states like Texas only allow you to recover if you were 50 percent or less responsible. If adverse parties and their insurance companies claim you were 51 percent or more responsible for causing the accident, the insurance company will deny your claim altogether. The right motorcycle accident attorney will challenge unfair accusations of blame and prove that you deserve compensation. 

Policy Fine Print and Coverage Gaps

Insurance policies are known for their complicated language and hidden exclusions, and motorcyclists can run into problems if they need to file a first-party claim for some reason. For instance, some motorcyclists might not have active uninsured motorist coverage to protect them when a driver does not have proper coverage.

Other policies may require riders to carry additional endorsements for full protection. If a policyholder overlooks these details, the insurer can deny the claim based on a technicality. A motorcycle accident lawyer can review your policy, spot these gaps, and fight to ensure you’re not unfairly denied.

Filing Mistakes Can Sabotage Your Claim

The claims process for motorcycle accidents is subject to various legal procedures. For example, missing deadlines, submitting incomplete paperwork, or saying the wrong thing to an adjuster can give insurers an excuse to reject a claim. 

For example, if you say something that suggestively admits fault at the scene or downplays your injuries, even out of politeness, it can be used against you later. Motorcyclists may not even realize that what they say is potentially problematic – especially immediately following the accident.  A single misstep can mean the difference between a payout and a denial. Allow a motorcycle accident attorney to handle all insurance claims and communications.

A Motorcycle Accident Lawyer Can Help

Although too many motorcycle claims end up denied, you can take the right steps to avoid paying for your injuries out of pocket. The team at Fadduol, Cluff, Hardy & Conaway P.C. will stand up for your rights and advise you on how to build a winning claim. With over 40 years of experience, we know how to build a strong case. Call 800-433-2408 or contact us online today for a free case evaluation.