Many injured motorcycle file insurance claims against the providers of liable drivers, expecting to receive a check rather easily. After all, the driver hit them and they have the medical records to prove their injuries. The process should be straightforward, right?
Unfortunately, too many motorcyclists find that the insurance company seemingly has it out for them. They might experience what many call “motorcycle bias” when pursuing compensation they justly deserve. If you are in this position, you may see this bias manifested in many ways during the claims or legal process, all with the aim of the insurance company paying you as little as possible.
The insurance company knows it might need to pay a considerable amount of money due to the severity of motorcycle injuries, and adjusters want to avoid that outcome in any way possible. Showing bias against motorcyclists in the claims process is one way the insurance company may try to gain an upper hand over you. This may force you into a fight, and it is not one that you should try to wage on your own.
Always consult a New Hampshire motorcycle accident lawyer from the start of the claim process. They can handle all communications and will not accept any bias against you.
The Insurance Company May Try to Scapegoat You for the Accident
The primary way the insurance company may try to show bias against you is by blaming you for the accident. They know that state law may reduce the compensation you deserve if you are partially to blame for the accident. Some states may even eliminate your compensation for the accident, even if you were partially to blame. Thus, the insurance company has a financial incentive to try to cast some or all of the blame your way for the accident. Simply stated, it may save them money.
Insurers paint pictures of motorcyclists as reckless risk-takers who speed, weave through lanes, and cause their own accidents. As a motorcyclist, you know this is not what happened in your crash. However, insurers will twist the story however possible to put any of the blame on you.
Insurance companies think they can get away with such bias because a jury may back them up. There is a societal perception that New Hampshire motorcyclists are riskier than the average driver, whether it is true or not. The mere fact they get on a bike may create a perception they are less risk-averse. If there are any close issues regarding liability, the insurance company may think it can convince a jury to side with them if the case goes to trial.
You need a motorcycle accident attorney ready to challenge these societal perceptions and focus on what factually happened in your specific collision.
You Might Need to Fight Allegations Against You
As unfair as it may seem, you may need to prove you are innocent of any wrongful allegations against you. After all, you have the overall burden of proof to meet in your case. If the insurance company has managed to create doubt regarding your liability, it can keep you from meeting the burden of proof. Even if they can make some of the allegations against you stick, it might mean you end up with less money than if the other driver was entirely at fault.
Your motorcycle accident lawyer must present evidence to clear you and prove the other driver was to blame for the accident. Often, the same evidence that proves the driver’s negligence can also be used to demonstrate you were not negligent in the accident. Sometimes, your lawyer must gather additional evidence to counteract some or all of the allegations against you.
This evidence can include:
- Witness statements from people who saw the accident
- Pictures of the scene of the accident
- Video camera footage of the accident
- The police report that documents the accident
- Testimony from an accident reconstruction expert
Your evidence should both protect you from liability and prove the driver was to blame for the accident.
You Can Always Sue the Driver in Court
The insurance company believes it has power over you, as the company sets the rules of the claims process. However, you also have a power move by taking your case to New Hampshire civil court, as your motorcycle accident attorney can file a civil lawsuit against the responsible driver for personal injury.
By taking your case to trial, you allow the insurer to test its theory that a jury agrees with motorcycle bias. Depending on the insurance company’s conduct, you may have no choice but to take this step. The insurance company might regret testing you if the jury rules in your favor. In that case, the insurance company might end up paying you even more money, or they might even be liable to their own policyholder in a bad faith lawsuit.
You Need a New Hampshire Motorcycle Accident Lawyer to Fight Insurance Bias
You certainly cannot easily overcome any bias by the insurance company on your own. The entire reason for motorcycle bias is that insurers want to avoid paying what you deserve in compensation, and they will certainly not listen to anything you say. Whatever you do, never give in and admit you contributed to an accident when, in reality, you were free from fault.
Instead, immediately seek help from an experienced motorcycle accident attorney. The insurance company only sees you as a target of opportunity when you do not have a motorcycle accident lawyer to protect your legal rights. As soon as you hire a tough motorcycle accident attorney, the company understands it cannot get away with biased conduct.
Your motorcycle accident lawyer will do everything possible to:
- Prove liability
- Challenge wrongful blame against you
- Prove the full extent of your damages
- Negotiate for maximum compensation
Once you have legal representation, it becomes much harder for insurance companies to take advantage of you. Litigation becomes a real possibility, which makes settling your case fairly more likely.
Consultations are free, so please reach out to a personal injury law firm in New Hampshire about your motorcycle accident case today.