After a motorcycle crash, many injured riders expect the insurance company to fairly evaluate the facts and pay valid claims. Unfortunately, that is not always how the claims process works.
Bias and prejudice against motorcycle riders can affect how adjusters investigate these collisions, evaluate evidence, and assign fault. In some cases, riders find themselves blamed for accidents they did not cause simply because they were riding a motorcycle.
Insurance companies have a financial incentive to deny claims and reduce settlement offers whenever possible. One way they may attempt to do that is by unfairly arguing that an motorcyclist was responsible for an accident that they did not cause.
The New York City motorcycle accident attorneys at Wingate, Russotti, Shapiro, Moses & Halperin, LLP understand the challenges motorcycle riders face when seeking fair compensation after an accident. We can review your case and advise you about the best strategy for seeking maximum compensation.
Motorcycle Riders Can Face Insurance Adjuster Bias
Motorcycle riders frequently face unfair stereotypes. Some people assume riders are naturally reckless, aggressive, or prone to speeding. These assumptions can influence how an insurance adjuster approaches a claim even before the evidence has been fully reviewed.
The truth is that many motorcycle crashes occur because careless drivers fail to look out for riders. Drivers also cause accidents by following too closely, making unsafe left turns, or changing lanes without checking blind spots. Yet many insurers still look for reasons to shift responsibility onto the rider.
Common Insurance Adjuster Tactics After a Motorcycle Accident
Insurance companies may want to control costs or assign liability to someone other than their client. These types of unfair insurance adjuster tactics can cause them to unfairly place blame on injured riders.
Assuming the Rider Was Speeding
Motorcycles may appear to be traveling faster than they are actually moving because of their smaller size. An adjuster may argue the rider was speeding even when there is no evidence to support that conclusion. In these cases, vehicle damage, skid marks, surveillance footage, witness statements, and accident reconstruction can tell a different story.
Claiming the Rider Was Difficult to See
An insurance company should not automatically accept the other driver’s version of events without reviewing all available evidence.
Drivers have a duty to:
- Check mirrors regularly
- Look out for motorcycles before turning
- Yield when required
- Check blind spots before changing lanes
Attorneys Collect Evidence to Build a Strong Claim
Facts should determine liability after a motorcycle crash, not insurance adjuster bias. Motorcycle accident lawyers collect evidence to establish how the collision occurred.
This evidence may include:
- Police accident reports
- Photographs of the accident scene
- Traffic camera footage
- Dash camera video
- Surveillance footage
- Witness statements
- Vehicle damage
- Black box data
- Cell phone records
- Medical records
- Expert accident reconstruction analysis when appropriate
How a Lawyer Can Help During a Dispute About Fault
When insurance companies unfairly blame injured riders, having experienced legal representation helps level the playing field. Case preparation matters because insurance companies aggressively defend motorcycle claims. Building a case that is supported by evidence can help counter bias and rebut unsupported assumptions.
A motorcycle accident lawyer can strengthen your case by:
- Investigating how the crash occurred
- Reviewing police reports
- Preserving evidence
- Interviewing witnesses
- Consulting qualified experts when appropriate
- Communicating with insurance companies
- Challenging unsupported fault allegations
- Calculating the full extent of damages
Compensation That May Be Available After a Motorcycle Accident
The available compensation depends on the facts of the accident, the severity of the injuries, insurance coverage, and other legal factors. Injured riders may be eligible to pursue compensation for losses such as:
- Medical expenses
- Future medical care
- Lost wages
- Reduced earning capacity
- Pain and suffering
- Rehabilitation costs
- Property damage
- Permanent disability
- Loss of quality of life
Speak With an Experienced NYC Motorcycle Accident Lawyer
If you were injured in a motorcycle accident, the attorneys at Wingate, Russotti, Shapiro, Moses & Halperin, LLP know how to build an effective claim. And we won’t hesitate to take a case to trial if the other side refuses to make a reasonable settlement offer.
For more than 50 years, our firm has been representing injured people in New York. In fact, we have recovered over $2 billion on behalf of our clients. Every case is prepared with meticulous attention to the facts and applicable law, because thorough preparation can make a meaningful difference when liability is disputed.
To learn more, call (212) 986-7353 and schedule your free consultation today.
FAQs About How Insurance Adjuster Bias Impacts Motorcycle Accident Claims
Should an insurance company automatically assume I was at fault because I was riding a motorcycle?
Insurance companies must evaluate the facts of the accident rather than rely on stereotypes about motorcyclists. Fault should be based on evidence such as police reports, witness statements, photographs, surveillance footage, and other available information and avoid the assumption that riders are inherently reckless.
What are some common insurance adjuster tactics after a motorcycle accident?
Insurance adjusters may attempt to reduce or deny claims by arguing that the rider was speeding, difficult to see, or failed to avoid the collision. They may also use recorded statements or social media posts to challenge liability or minimize the severity of injuries.
What should I do if the insurance adjuster says I was partially responsible for the accident?
If an adjuster claims you share fault, avoid admitting responsibility or accepting the conclusion without reviewing the evidence. Gather documentation related to the crash, continue following your medical treatment plan, and consider speaking with a motorcycle accident lawyer who can evaluate the facts and explain your legal options.
How can I strengthen my motorcycle injury claim?
Seeking prompt medical attention, preserving photographs of the accident scene, obtaining witness contact information, keeping records of your medical treatment and expenses, and avoiding unnecessary discussions with the insurance company can all help support your motorcycle injury claim.
When should I contact a motorcycle accident lawyer?
It’s a good idea to speak with a motorcycle accident lawyer as soon as possible. If the insurance company disputes liability, blames you for the crash, delays your claim, or offers a settlement that does not reflect the full extent of your damages, an attorney can review the evidence, explain your rights, and help you navigate the claims process.