Dirty Tactics Insurance Adjusters Use In Motorcycle Accident Injury Claims (And How to Fight Back.)

If you have been hurt in a motorcycle accident, you likely face severe injuries, expensive medical bills, and a long recovery. What makes it worse? When you thought you were going to get help, the insurance company that you’re hoping will help you recover is more concerned about their bottom line than about protecting you. Insurance adjusters are professionals who have been specifically trained to employ an arsenal of unfair tricks to decrease, prolong, or deny the compensation you are entitled to.

 

In this guide, we reveal the dirty tactics insurance adjusters try in motorcycle accident cases and provide battle-tested strategies to ensure that you protect YOU, your health, and your financial future.
Motorcycle Accident Claims - Why They are Handled Differently
Bike accident claims are usually much more hotly contested than car accidents. Why?

 

Serious injuries: motorcyclists can sometimes suffer catastrophic injuries, meaning higher settlement values.
Prejudice against motorcycle riders: Adjusters seem to automatically believe that motorcyclists are either reckless or liable.
Challenging liability: Poorly maintained roads, blind turns and poor visibility could all complicate fault.

 

For these reasons, insurers have even greater incentive to lower payouts on motorcycle-related claims.
Standard Tactics Used By Insurance Adjusters in Motorcycle Injury Claims are described below as well as ways to beat them.

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    Blaming the Motorcyclist by Default

    Insurance adjusters frequently think the rider was the one in the wrong, regardless of any proof. They may argue:

    You were speeding

    You were lane-splitting (even though it might be legal in some states)

    The other driver didn't see you

    You weren’t wearing protective gear

    They take advantage of this inherent bias to push liability upon you even though the other party was obviously at fault!

    How to Protect Yourself

    Obtain a copy of the police report and witness statements.

    Gather any available dashcam or traffic-camera video.

    Photograph your bike, injuries, skid marks and the road.

    Asking for a Recorded Statement to Use Against You

    An adjuster can be soothing, saying they “just need a quick statement.” In truth, what they’re hoping you to:

    Admit partial fault

    Downplay your injuries

    Contradict medical records

    Some of them will carefully frame questions that might somehow be used to catch you in a response that they can use as a basis to dispute your claim.

    How to Protect Yourself

    Do not provide a recorded statement to the other insurance company.

    Politely decline and direct them to your lawyer.

    Never guess or attempt to “explain” the accident informally.

    Delaying the Claims Process

    Adjusters are aware that people who are injured are in financial distress. They use delay as a strategy to make you so desperate that you’ll take a lowball settlement. They may say:

    “We’re still reviewing documents.”

    “The adjuster who was working on your claim is out of the office.”

    “We need more time to look into it.”

    How to Protect Yourself

    Record every call//e-mail/letter you’ll be glad you did in the long run!

    Give deadlines and keep checking back.

    Retain a motorcycle accident attorney who can expedite things and put the pressure on.

    OUR CLIENTS ALWAYS COME FIRST

    OUR CLIENTS ALWAYS COME FIRST

    Offering a Quick, Low Settlement

    Following an accident, adjusters have been known to provide quick money typically before you have even completed your medical treatment. They do this to:

    lock you into a low settlement. However, it is in your best interest to not provide recordings or make statements.

    Prevent the full recovery cost being passed on to you.

    Eliminate future liability.

    By agreeing to a settlement, you often give up your right to further compensation.

    How to Protect Yourself

    Do not accept a settlement before you have completed treatment or you have clear information about your prognosis.

    Have all settlements reviewed by a personal injury lawyer.

    Include other future costs, such as surgeries, rehab, or loss in earnings capacity.

    Downplaying or Failing to Acknowledge
    the Severity of Your Injuries

    Adjusters may argue that:

    Your injuries are exaggerated

    Your treatment is excessive

    You had a pre-existing condition

    They might even tell you that your injuries weren’t even a result of the motorcycle accident.

    How To Protect Yourself

    Immediately seek medical conditions after the crash.

    Follow your doctor’s instructions carefully.

    Keep track of your injuries in a pain journal, and detail how injuries impact your daily life.

    If your injuries leave scars or limit your range of motion, take before-and-after photos.

    Claiming You Weren’t Wearing a Helmet

    Even if you had been wearing a helmet, the adjuster may contradict—or insist your injuries could have been prevented with “better gear.” They might use this to diminish their liability or diminish the value of your claim.

    How to Protect Yourself

    Show some photography or witness evidence you were actually geared up.

    Familiarize yourself with your helmet laws and how they pertain to fault and damages.

    Refute baseless allegations with expert medical testimony if required.

    Twisting the Law to Obfuscate You

    A few adjusters may even try to “educate” you by misquoting the law & telling you things like:

    “You can’t say pain and suffering here.”
    “If you were partly at fault, you get nothing.”
    “Motorcyclists are not covered under our policy.”

    These are often outright lies or half-truths meant to scare you.

    How to Protect Yourself

    Don’t trust legal advice from an insurance company.

    Call a motorcycle accident attorney who understands the law and will get you maximum compensation.

    Look up comparative fault laws and insurance coverage where you live.

    We offer free consultations

    We offer free consultations

    How to Protect Yourself

    Don’t ever think the insurance company will give you what’s “fair.”

    Get Advice from a Personal Injury Attorney Right Away

    Permit your lawyer to deal with these negotiables, document the deal and argue on your behalf

    The Smart Way to Beat Adjusters: Hire a Motorcycle Accident Lawyer

    Life-changing injuries are common in motorcycle accidents and so is the pressure that comes from high-stakes insurance claims. Don’t go it alone. Dealing with an experienced motorcycle accident attorney can:

    Investigate the accident thoroughly.

    Take care of any communications from the insurance firms.

    Determine the total amount of your damages.

    If necessary, negotiate or litigate aggressively.

    Insurance adjusters are not your friend, they are trained to defend their company’s bottom line, not to look out for your best interests. If you were hurt in a motorcycle accident, you need to know what false claims they may make and be prepared to fight back.

    Know your rights. Document everything. Don’t settle for anything less than what you’re due.

     

    Note: This guide is for informational purposes only and does not constitute legal advice.

    FOUNDER & TRIAL ATTORNEY

    Meet Shawn Mangoli

    “Shawn Mangoli, the founder of Beverly Hills Injury Firm, is a distinguished trial attorney specializing in personal injury law. With a decade of experience in civil litigation, Shawn has successfully championed the rights of those injured due to negligence, securing numerous multi-million-dollar settlements and verdicts. Recognized consistently by Super Lawyers and a respected member of the Consumer Attorneys Association of Los Angeles and American Attorneys for Justice, Shawn’s commitment to justice is profound and unwavering.”

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