If you’ve been involved in a motorcycle accident, you may find yourself fighting both the physical recovery battle and the insurance companies. While insurance providers are supposed to offer objective evaluations of your case, many have implicit biases against motorcyclists. Unfortunately, these assumptions can result in reduced settlement offers, delayed claims processing, or outright denials. In these situations, having a McLean motorcycle accident attorney by your side can help counter biased narratives by insurers.
Why Are Insurance Companies Biased Against Motorcyclists?
Just like any other business, insurance companies are for-profit entities seeking to safeguard their resources. Their aim in their dealings is to minimize expenses and protect their bottom line as much as possible. When evaluating motorcycle accident claims, some insurers rely on generalized statistics or preconceived notions rather than the individual circumstances at hand. This can lead to a presumption that the motorcyclist is at fault or contributed greatly to the accident, regardless of the actual facts.
One reason for this bias lies in accident data. Statistically, motorcycle accidents tend to result in more serious injuries or fatalities compared to other vehicle collisions. While this is often due to the vulnerability of motorcyclists rather than recklessness, insurers may use these figures to justify higher premiums and greater scrutiny during claims. Unfortunately, such data is sometimes misapplied, resulting in unfair treatment of riders who are, in fact, careful and law-abiding.
Another factor is the lack of understanding about how motorcycles operate. Adjusters are not familiar with the dynamics of riding and may not appreciate the unique challenges of maneuvering in traffic or the difficulty of avoiding sudden hazards. As a result, they may evaluate claims through a lens of ignorance, leading to misjudgments and reduced compensation.
Common Biases Against Motorcycle Operators
Unfortunately, many insurance companies rely on broad generalizations when evaluating motorcycle claims. These assumptions often stem from cultural stereotypes, misinterpreted data, or lack of education about motorcycle safety and operation. Below are some of the most common biases motorcyclists face during the claims process.
Motorcyclists Are Reckless
There is a prevailing belief that motorcycle riders engage in high-risk behavior, such as speeding, lane-splitting, or weaving through traffic. While these actions do occur, they represent a small fraction of riders and situations. Most motorcyclists are cautious and highly aware of their surroundings due to the inherent vulnerability that comes with riding. An attorney can help dismantle these stereotypes by presenting objective facts about your behavior and riding record.
Motorcyclists Are Irresponsible
Some insurance adjusters perceive motorcyclists as thrill-seekers who do not take safety seriously. This stereotype overlooks the fact that many riders undergo specialized training, wear protective gear like helmets, and obey traffic laws rigorously. Labeling a rider as irresponsible without grounds can jeopardize a valid claim.
Proclivity for Injuries
Because motorcycle accidents tend to end in severe injuries, some insurers argue that riders are inherently more to blame or that they exaggerate their injuries to secure a larger settlement. However, greater injury does not legally mean greater fault. This logic is flawed and dismisses the physical realities of riding without the protection a car provides.
Motorcycles Are Harder To See Than Cars
This statement, while it bears some truth, is often used by insurance companies to shift blame onto the motorcyclist. If a driver claims they “didn’t see” the motorcycle, insurers may treat that as an excusable oversight rather than driver negligence. However, the limited visibility of a motorcycle should not be an excuse for drivers to engage in careless driving.
The Role of Legal Representation
Due to the potential bias that can enter your claim process, it is important to secure legal representation so as to safeguard your rights. A motorcycle accident attorney understands how to challenge insurer assumptions and build a compelling, evidence-backed case that accurately reflects your experience. Below are the ways an attorney serves your interests:
Find Compelling Evidence
An attorney knows what evidence is needed to prove your case and how to obtain it. Every case is unique, but your motorcycle accident lawyer’s main goal is to gather information that shows you are not at fault. This may include presenting various pieces of evidence, including:
- Police reports
- Photos and videos of the accident
- Surveillance footage
- Eyewitness statements
- Dashcam recordings
- Accident reconstruction analyses
They ensure that all supporting documents are preserved, organized, and submitted appropriately and that they comply with the rules of evidence governing admissibility in court. This ensures that your claim has clarity and precision that insurance companies may not ignore.
Aggressive Negotiation
Insurance companies will most likely make a lowball offer, hoping that you will embrace it without pushback. However, negotiating without legal support puts you at a disadvantage. A motorcycle accident attorney knows how to respond with firm, informed counterarguments. They understand the tactics insurers use to devalue claims, can expose weak justifications, and ensure the insurer engages in fair and reasonable discussions.
Accurate Valuations
Undervaluation is a common tactic used to reduce payouts. However, an attorney can provide a comprehensive picture of your losses and defend that valuation with evidence-based analysis.
In most cases, determining the value of a motorcycle accident claim goes far beyond calculating medical bills. Your attorney will factor in the long-term impact of injuries when valuing your claim. They may work with medical experts, economists, and other specialists to support these figures.
Readiness To Go to Court
When an insurer refuses to settle fairly, your attorney can escalate the matter to litigation. The willingness to take a case to court signals to insurers that you are serious and not easily swayed. Insurance companies take cases more seriously when an attorney expresses readiness to pursue justice through legal action if necessary. This often compels them to reevaluate their position and negotiate more equitably to avoid trial costs.
Work With a Motorcycle Accident Attorney
Motorcycle accident claims require professional advocacy to counteract insurance companies’ biases. A motorcycle accident lawyer is key for leveling the ground and clearing the way for you to obtain fair compensation. By involving legal counsel, you imply that you refuse to be dismissed, undervalued, or disrespected simply because you ride a motorcycle.
Reach out to a local personal injury lawyer today to discuss how they can shield you from unfair practices.