After a motorcycle accident, injured riders face an uphill battle when pursuing an insurance claim. Insurance companies often handle motorcycle accident claims differently than standard auto accident cases, putting claimants at a disadvantage from the very start.
Biases against motorcyclists often lead insurers to assign them more fault, downplay injuries, and extend lowball settlement offers. Without an experienced motorcycle accident attorney advocating for your rights, you risk walking away with far less compensation than you need and deserve.
At Hupy and Abraham, our Wisconsin, Illinois, and Iowa motorcycle accident attorneys understand the unique challenges riders face after a crash. For over 50 years, we've fought bias against motorcycle riders to secure full and fair settlements for injured motorcyclists. Here's what you need to know to protect your rights during the claims process.
Common Motorcycle Accident Claim Denial Tactics
Insurance adjusters use several strategies to reduce or deny valid motorcycle accident claims. Recognizing these tactics empowers you to protect your rights during the process.
Shifting Blame to the Motorcyclist
Bias against motorcyclists often leads insurers to immediately assign fault to the rider, even when evidence shows the other driver was negligent. They may argue that you were speeding, weaving through traffic, or engaging in other risky behavior. Experienced attorneys know how to gather the right evidence, such as traffic camera footage and witness statements, to counter these accusations and establish the other driver's liability.
Downplaying Injuries
Insurers may claim your injuries aren't as severe as reported or that they stem from preexisting conditions rather than the accident itself. Your lawyer will compile comprehensive medical records, expert testimony, and other documentation to prove the extent of your injuries and link them directly to the crash.
Pressuring Quick Settlements
Adjusters know you're facing mounting medical bills and lost income, so they often dangle low settlement offers soon after the accident, hoping you'll accept out of desperation. Your attorney will advise you to wait until you reach maximum medical improvement to ensure any settlement accounts for your full range of damages, including future care needs.
Disputing Motorcycle Value
When your bike is totaled, insurers may lowball you on its replacement value. They often fail to consider factors like custom parts and modifications. Your lawyer will document your motorcycle's true worth to demand fair compensation for your property damage claim.
Proving Negligence in Motorcycle Accident Claims
Winning your motorcycle accident case hinges on proving the other driver's negligence. Your attorney will investigate the crash thoroughly to gather essential evidence.
Police reports, traffic citations, and criminal charges against the other driver lay the groundwork for establishing fault. Witness statements provide unbiased, third-party accounts of how the accident unfolded. Photos of the accident scene, property damage, and your injuries paint a vivid picture of the crash's severity. Finally, expert accident reconstruction and medical testimony help connect the dots between the other driver's actions, the collision, and the damages you've suffered.
Accurately Calculating Your Damages
To secure full compensation, your motorcycle accident attorney will identify all available damages and assign an appropriate value to each. Economic damages, such as medical bills, lost wages, and property damage, come with clear price tags. These are often only the tip of the iceberg, though.
Non-economic damages, including pain and suffering, emotional distress, and loss of enjoyment of life, substantially increase the value of your claim. In cases of catastrophic, permanently disabling injuries, your lawyer will also calculate future losses, such as ongoing medical needs, diminished earning capacity, and necessary lifestyle modifications like home renovations for accessibility.
Negotiating With the Insurance Company
Armed with strong evidence and a comprehensive damages assessment, your attorney will negotiate aggressively with the insurance company on your behalf. Proven negotiation strategies help apply pressure when adjusters drag their feet or make unreasonable offers.
Your lawyer may emphasize the strength of your evidence, warn of the risk of a higher jury verdict if the case goes to trial, or file a formal lawsuit to advance the process. Having a skilled motorcycle accident attorney handle these negotiations not only relieves your stress but also consistently leads to higher settlements.
Hiring the Right Motorcycle Accident Attorney
Not all personal injury lawyers understand the nuances of motorcycle accident claims. To win against biased insurance companies, you need an attorney with deep knowledge of motorcycle laws and dynamics, a track record of success in similar cases, and a willingness to take your case to trial if necessary.
At Hupy and Abraham, we've earned our reputation as the top motorcycle accident law firm in Wisconsin, Illinois, and Iowa by consistently achieving results for injured riders. We have the skills, experience, and resources to stand up to the biggest insurance companies and demand the compensation you deserve.
As riders ourselves, we also understand the passion and culture of motorcycling. We're committed to giving back to the community through events like our Driver Awareness campaign to promote motorcycle safety and awareness.
If you've been hurt in a motorcycle crash, don't let insurance bias stand between you and the compensation you need to rebuild your life. The team at Hupy and Abraham is ready to fight for you.
