Motorcycle accidents can leave victims facing serious injuries, costly medical bills, and the stress of dealing with insurance companies. While you may assume that an insurance company is on your side, the reality is that insurers prioritize their bottom line over providing full and fair compensation. Understanding how to handle insurance adjusters and protect your legal rights is crucial. Here’s what you need to know about dealing with insurance companies after a motorcycle accident from the team at Simeone & Miller, LLP.
Understand How Insurance Companies Operate
Insurance companies are businesses, and their goal is to minimize payouts on claims. This means they may use various tactics to reduce the amount they pay or deny your claim entirely. Some of the most common strategies include:
- Quick, Lowball Settlements: Insurers may offer a fast settlement that is significantly lower than what your claim is worth, hoping you’ll accept before realizing the full extent of your damages.
- Disputing Liability: The insurer may argue that you were partially or fully at fault for the accident to reduce or deny your compensation.
- Delaying the Claims Process: Some insurers drag out the process, hoping you’ll become frustrated and accept a lower settlement.
- Using Your Statements Against You: Anything you say to an insurance adjuster can be used to minimize your claim. Even a simple apology or statement like “I feel fine” can be twisted against you.
Steps to Take When Dealing With Insurance Adjusters
After a motorcycle accident, you may receive a call from the at-fault party’s insurance company. Here’s how to handle these conversations:
Limit Your Communication
You are not legally required to give a recorded statement to the other party’s insurance company. In fact, it’s best to avoid speaking with them without legal representation. Politely decline and direct them to your attorney.
Stick to the Facts
You should always direct the adjuster to your attorney, but if you must speak to an insurance adjuster, provide only the basic facts:
- The date, time, and location of the accident
- The vehicles involved
- Whether law enforcement responded
Avoid offering opinions or discussing your injuries in detail. Even a casual statement like “I feel better today” can be misinterpreted as proof that your injuries aren’t severe.
Never Accept the First Settlement Offer
Initial offers are often far below the actual value of your claim. They are often made to get you to settle your case for a low amount before you get an attorney. Therefore, before accepting any settlement, consult with an experienced motorcycle accident attorney who can assess whether the offer covers your medical expenses, lost wages, and other damages.
Gathering Evidence to Strengthen Your Claim
Insurance companies require evidence to process a claim, and having strong documentation can make a significant difference in your case. Essential evidence includes:
- Police Reports: These provide an official record of the accident, including witness statements and any citations issued.
- Medical Records: Document all injuries, treatments, and expenses. Keep copies of bills, prescriptions, and doctor’s notes.
- Photographic and Video Evidence: Take photos of your injuries, motorcycle damage, skid marks, road conditions, and traffic signals.
- Witness Statements: If possible, obtain contact information and statements from anyone who saw the accident.
- Helmet Cam or Dash Cam Footage: If you were wearing a helmet camera or using a dash cam, this footage can provide clear evidence of how the accident occurred.
What If the Insurance Company Denies Your Claim?
Insurance companies may deny claims for various reasons, including disputing liability, alleging policy exclusions, or questioning the severity of injuries. If your claim is denied:
- Request a Written Explanation: The insurer must provide reasons for their decision. This helps determine whether the denial is valid or based on unfair tactics.
- File an Appeal: Many insurance companies have an internal appeals process. A personal injury attorney can help craft a strong appeal with supporting evidence.
- Consider Legal Action: If negotiations fail, you may need to file a personal injury lawsuit to recover the compensation you deserve.
Why You Need an Attorney When Dealing With Insurance Companies
Motorcycle accident claims can be complex, especially when dealing with insurance companies attempting to reduce or deny compensation. An experienced personal injury attorney can:
- Handle all communication with insurance adjusters
- Negotiate for a fair settlement
- Gather evidence and build a strong case
- Represent you in court if necessary
Contact Simeone & Miller, LLP for Legal Assistance
If you’ve been injured in a motorcycle accident, the experienced attorneys at Simeone & Miller, LLP, can help you navigate the claims process and fight for the compensation you deserve. Don’t let insurance companies take advantage of you—contact us today for a free consultation.
