Handling Insurance Company Biases Against Motorcyclists

Jul 4, 2024 | Pierre Prialé
Handling Insurance Company Biases Against Motorcyclists

As a motorcycle rider, you know there are risks to taking to the road, as any person driving any vehicle will experience. Yet, there is often a bias against motorcyclists regarding accidents. If you are in an accident, one of the first things people may think is that you were engaging in reckless behavior that caused the accident. Even without any indication that this occurred, seemingly everyone – including the insurance company – thinks you did something to cause this incident.

Having an attorney to provide you with comprehensive legal representation as you fight any bias like this is critical. When facing what you believe is unfair treatment, do not wait to set up a free consultation with a motorcycle accident attorney to discuss your case. You need a dedicated advocate that will fight for your best possible outcome.

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Understanding That a Bias Exists Against Motorcycle Riders

Motorcyclists often face numerous challenges in recovering compensation for their injuries and losses. Many times, insurance companies will work hard to find ways to pinpoint the fault on you instead of viewing you as the victim in this case. Consider some of the most common reasons insurance companies will deny claims to motorcycle riders unfairly.

They blame the motorcycle rider for the accident

One of the most common reasons motorcycle riders suffer this type of bias is due to blame. It is very common for motorcycle riders to be accused of engaging in some type of behavior that caused the accident to occur in the first place. There may be no evidence to support this type of claim, but it may be assumed that, in some way, you were responsible. However, insurance companies must consider all factors that relate to negligence in the matter. This means an extensive understanding of what occurred and why it happened.

Stereotypes exist against riders

Motorbike on the road, riding and having fun on an empty road during a motorcycle tour journey.

It is not uncommon for motorcycle riders to face rather unfair stereotypes and prejudice just because they ride a motorcycle. There are certainly some motorcycle riders who are careless and do not abide by the law. The same applies to drivers who speed or swerve between lanes of traffic to get ahead. It is unfair for any insurance company, police officer, or other party to believe you are a risk taker just because others who ride motorcycles are.

Many insurance adjusters believe that a motorcyclist is likely to be at fault solely because they are risk-taking people. This situation can provide a very unfair disadvantage for the motorcyclist and may make it harder for you to obtain compensation for the incident.

Your lack of a helmet caused worse injuries

In some situations, this may be a valid claim. For example, if you are required to wear a helmet and choose not to do so, you may suffer injuries that are greater than that you would have. However, that does not mean you wouldn't have suffered any injuries. The fact is, even if your injuries can be worse without a helmet, you would not have necessarily been without injury if you had a helmet on. You should not feel like you are facing financial loss due to such a claim.

Past riding experiences may play a role in their decision

If you have been in a motorcycle accident before, insurance companies may try to shift some of the blame for this accident onto you, stating that you were perhaps a high-risk driver, inexperienced, or acting recklessly. While one accident may have nothing to do with the other, it is not uncommon for insurance companies to take even far-reaching claims like this to use them against you.

How Do You Protect Yourself from Insurance Company Bias

Concept of motorbike insurance with paper shield held by a female hand.

Because this bias exists, it can be challenging for a person who suffers an injury as the result of another driver's negligence to prove their case. This is one of the many reasons why working with an experienced motorcycle accident attorney can be critically important. The right legal team will create a strategy for helping you to overcome such bias. There are various potential ways an experienced lawyer can do this. Consider some examples below.

Find the evidence to prove your case

One of the steps motorcycle accident attorneys take is to find the evidence to prove that you were not at fault. Every situation is different, but your attorney’s goal will always be to find any information that clarifies your lack of fault. Some ways your motorcycle accident lawyer can do this include:

  • Using photos and videos of the accident that may be available to prove what occurred in your case
  • Talking to witnesses who can support your claims or verify that the other driver caused the accident
  • Accident recreation tools, including experts, can often prove that the accident was due to another person's fault based on the outcome of the evidence in the case
  • Vehicle logs, especially in commercial trucks, can prove to be a valuable tool to use to prove that the other driver was speeding or distracted behind the wheel
  • Medical expertise can also often prove that what occurred was not your fault

Each case like this is very challenging. There are often situations that come down to one person's word against the other. The court often sides with the police report, but that does not mean this information is fully accurate.

Proving bias can be necessary

What constitutes bias in a motorcycle accident case? One of the strategies your legal team might take is trying to prove that the insurance company is not acting fairly but instead, has bias against motorcycle riders and their accident claims.

Bias refers to a preconceived notion or prejudice. To prove this, a motorcycle accident lawyer has to show that the insurance company did not treat the case with the same care and attention as they would have if it was another vehicle accident. The fact is, many insurance companies blame motorcyclists for their injuries even when there is no way to show this is the case.

How Do You Know the Insurance Company Is Being Unfair After Your Accident

Unrecognizable biker man wearing a leather jacket and holding a helmet, signing an insurance policy to receive his repaired motorcycle at the workshop.

Proving that the insurance company may not be fair to you can be challenging. Your motorcycle accident attorney will provide clear insight into your legal rights. However, many times, victims do not even realize they should reach out to an attorney because they do not know the insurance company is being unfair.

Some warning signs that you may be a victim of motorcycle bias include:

  • Full denial of your claim
  • Partial denial of your claim
  • Requesting numerous types of documentation for your accident and injuries that seem out of line with what a claimant might otherwise need to provide
  • Insurance adjuster questions that seem to imply you could have had some level of claim
  • Unfair treatment, including being ignored by the insurance company
  • Being pressured to file a claim and settle it immediately without giving you time to know what your true losses are
  • Refusing to cover some aspects of your claim, stating that these types of accidents are not covered

There are various ways that insurance companies may try to fight you on any type of injury claim after a motorcycle accident. When that happens, you need a motorcycle accident attorney who can offer help and guide you.

How Can a Motorcycle Accident Attorney Help with Unfair Bias Like This?

The goal of any claim for a motorcycle accident is to maximize compensation based on your injuries. There are numerous ways that insurance companies can be particularly problematic, but motorcycle accident attorneys have the experience to provide important support. With the help of an attorney, you are less likely to settle your claim for too little, putting your ability to recover the damages you are owed at less risk.

Consider how your motorcycle accident attorney can help you through this challenging time. There are many ways they can support you beyond simply completing and filing paperwork. They can stand up for your reputation as a safe rider to ensure you are not wrongfully blamed. In turn, this can ensure your compensation is not unnecessarily or unfairly reduced due to motorcycle bias by insurance companies.

Providing a free consultation

When you meet with a motorcycle accident attorney, they will offer a free consultation to discuss your case. During this time, they can take any claim presented to you by the insurance company and offer unbiased and clear insight into whether it is fair. Right away, your attorney can estimate whether you may be settling for too little.

If you decide to move forward and work with that law firm, they will begin to build your case for you. This includes providing you with experienced knowledge about your rights and how much your case may be worth.

Attorneys find the evidence to prove your losses

One of the most important factors in a motorcycle accident claim is securing compensation that allows you to pay your medical bills and other losses so you can move on and get the medical care you need. To do that, your attorney will gather evidence to support your claims. This may include:

  • Documentation of all medical costs you have paid
  • Statements from your medical providers about the losses and impact you have faced
  • Detailed information about future medical care you may need based on medical expertise
  • Documentation of changes in your personality and overall well-being from family and friends
  • Information from witnesses that can attest to the difficulty at the scene of the accident and the pain you suffered
  • Cases like yours that have been awarded compensation for damages

Attorneys work to gather all possible information that demonstrates your losses. This makes it far harder for the insurance company to refute them.

Lawyers handle the negotiations for you

Helmet with red polish reflecting a hat.

Not only does your motorcycle attorney file the claim, but will remain by your side throughout this process to negotiate a fair claim. This includes handling any questions about fault, the value of your losses, and considerations for future financial support. You want to hire a motorcycle accident lawyer who is aggressive in pursuing fair compensation for you and protecting your rights.

Often, your motorcycle accident attorney will handle all of the communication from the insurance company. If you need to respond to their claims or answer their questions, they ensure the adjusters or other representatives are not being overly invasive and that you never make a statement that puts your claim at risk. Your attorney’s professionalism ensures you get through the insurance process in the best possible way, with minimal disruptions to your medical treatment and recovery.

Attorneys go to trial when there is a need to do so

Unfortunately, some claims will not come to a simple conclusion through a settlement but may instead require going to trial. This is very complex as it is very common for insurance adjusters to wait to fight these claims. Bias can also exist in the courtroom if the jury or judge holds the same type of misbelief about motorcycle riders. As your highly experienced legal team, it will be your law firm’s job to make sure that type of prejudice does not play a role in the award of compensation fairly owed to you.

Set Up a Free Consultation to Discuss Your Case and Ensure You Have the Best Route Forward

Take the time right now to set up a free, no-obligation consultation with a local motorcycle accident attorney. Many times, a motorcycle accident attorney can offer insight into what your rights are and provide clarity nearly immediately on whether or not you may be facing bias. These are complicated legal matters, to be certain, and having an experienced attorney by your side will minimize the risk that you will be taken advantage of moving forward.

Seek out the help of an experienced personal injury attorney if you feel you are being treated unfairly. You have the right to fair compensation when you were not at fault for the injury. Consultations are free, so act today.

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Pierre Prialé

Founder and CEO

Over the course of his career, Prialé has handled approximately 2,000 criminal defense and traffic cases, including DUI, reckless driving, weapons charges, and personal injury cases. His dedication to helping clients in difficult and desperate situations has earned him a reputation for being a committed and knowledgeable attorney.

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