Riding a motorcycle on the scenic roads around Milwaukee can be exhilarating—until a devastating crash brings everything to a screeching halt. After a serious motorcycle accident, you may be facing a long road to recovery, unable to work and provide for your family as medical bills continue to pile up.
When you file an injury claim with the at-fault driver's insurance company, you expect to receive fair compensation for your losses. But insurance adjusters often employ a variety of tactics to try to limit payouts and protect their bottom line. Without strong legal representation from an experienced motorcycle accident attorney, you may settle for far less than you deserve.
At Hupy and Abraham, we have been fighting for the rights of injured motorcyclists in Milwaukee and across Wisconsin since 1969. We know the games insurance companies play, and we don't let them get away with undervaluing our clients' claims. Here's a look at some of the most common tactics insurers use and how a skilled lawyer can counter them to seek maximum compensation.
Shifting Blame to the Motorcyclist
One of the first things insurance companies often try to do is shift fault for the accident onto the motorcyclist. They may claim you were speeding, weaving in and out of traffic, or engaging in other forms of reckless driving. Since Wisconsin is a comparative negligence state, if you are found to be more than 50% at fault for a crash, you cannot recover any compensation. If your fault is 50% or less, your damages are reduced in proportion to your degree of fault.
Insurance adjusters know this and will look for any possible reason to pin more blame on you. An experienced motorcycle accident lawyer will thoroughly investigate your crash, gathering evidence like accident scene photos, surveillance footage, police reports, and witness statements to prove the other driver was primarily at fault. Your attorney can also hire expert witnesses like accident reconstruction specialists to provide compelling testimony in your favor.
Disputing the Severity of Your Injuries
Even if fault is clear, insurers may try to downplay your injuries' extent and impact to minimize your payout. They may request access to your entire medical history, going back many years, to look for evidence of preexisting conditions and argue your injuries were not caused by the crash.
A knowledgeable motorcycle accident lawyer will make sure the insurance company only receives medical records that are relevant to your case. Your attorney will also work closely with your doctors and medical experts to provide clear documentation of your injuries, treatment needs, prognosis, and how your life has been affected. If necessary, your lawyer can take your case to trial and present powerful evidence of the profound physical, emotional, and financial toll the accident has taken.
Making a Quick, Lowball Offer
Insurance companies know that motorcycle accident victims are often in a desperate financial situation. They may take advantage of this vulnerability by making a quick settlement offer that covers your basic medical expenses but falls far short of meeting your total needs.
Once you accept a settlement offer, your case is closed, and you give up the right to pursue any further compensation—even if you later discover your injuries are worse than you originally thought. An attorney with experience handling motorcycle accident claims will be able to accurately assess all your damages—including potential future damages—and advise you on when an offer is fair or if you should hold out for more.
Misrepresenting Insurance Policy Terms
Insurers may also try to take advantage of your lack of familiarity with legal terminology to misrepresent what is covered under the at-fault driver's policy. For example, they may tell you certain damages, like pain and suffering, are unavailable. Or they may neglect to inform you of additional coverage you may be able to access, such as umbrella policies or MedPay provisions.
A skilled motorcycle accident lawyer is intimately familiar with insurance policies and can review the fine print to identify every potential source of compensation. Your attorney can also apply legal pressure if the insurance company tries to misrepresent the terms of their own policy or engage in other bad faith practices.
Demanding a Recorded Statement
Shortly after the accident, the insurance adjuster may ask you to provide a recorded statement about what happened. They may come across as friendly and say they just need your statement to process your claim. If you agree, they may get you to say something that can be used against you later.
An attorney can ensure you understand your rights after an accident, including the right to refuse a recorded statement. It is best to let your lawyer communicate with the insurance company on your behalf. That way, the insurance company cannot twist your words or take what you've said out of context in an attempt to reduce your compensation.
Get the Legal Advocacy You Need After a Motorcycle Accident
Insurance companies have teams of lawyers fighting to pay you as little as possible after a motorcycle crash. To level the playing field and seek the full compensation you deserve, you need an accomplished Milwaukee motorcycle accident attorney protecting your rights and interests.
For over 50 years, Hupy and Abraham has been standing up to insurance companies and winning significant settlements and verdicts for injured riders and their families throughout Wisconsin, Illinois, and Iowa. Our highly skilled legal team has the knowledge, resources, and tenacity to handle every aspect of your claim and fight for the maximum recovery you are owed.
You didn't ask to be put in this difficult situation, but you do not have to navigate the complexities of the legal system alone. We are here to provide the guidance and advocacy you need during this challenging time so you can focus on healing while we work to secure your future.
