Injuries from a bike crash are already a tough situation, let alone fighting for fair payment from insurance companies.
While you’re healing from the accident with body pains, broken bones, or even worse, there’s a whole other battle happening behind the scenes with your injury claim.
What many riders don’t realize is that motorcycle claims follow different rules than regular car accidents. In many cases, victims have found it hard to get compensation for their medical bills, lost wages, and bike repairs.
This isn’t just about filling out forms and waiting for a check. There are strong factors that can make or break your claim that nobody warns you about until it’s too late.
This blog will cover six factors that affect your motorcycle claim and other tips you surely don’t want to miss if you’re hoping to get compensated.
Your Insurance Coverage
Many riders don’t know that basic insurance is barely enough after a crash. Most states only require you to have minimal coverage.
This might be as low as $25,000 for injuries or $20,000 for property damage. That sounds like a lot until you see your first hospital bill or the cost of fixing your bike.
No one tells you your insurance matters, even when you’re the victim. If the person who hit you doesn’t have insurance or doesn’t have good coverage (which is very common), you’ll need to rely on your own policy.
That’s why more and more riders are now adding these critical extras:
- Uninsured motorist coverage
- Underinsured motorist coverage
- MedPay
With these, you can get your life going while your lawyer helps you fight for compensation.
Case Valuation
How much is your case worth? This question isn’t as simple as adding up your bills. Many riders fail to understand that insurance companies use special formulas and programs to decide how much they think your claim is worth.
These programs look at things like:
- Your total medical bills
- How long you were treated
- What kinds of treatments you’ve had
- If you have permanent injuries
- How much work you missed
- Where your accident happened (some places have bigger settlements than others)
According to Alex Silkman, a renowned motorcycle accident attorney based in Phoenix, these insurance companies start very low, hoping you’ll take whatever pennies they offer.
Unfortunately, many people grab the first offer and move on because they need money fast or don’t know any better. But don’t make that mistake; make sure you get yourself a lawyer who will guide you.
The Condition of Your Injuries
Insurance companies pay more attention to injuries they can see or prove with tests. Broken bones that show up on X-rays or cuts that need stitches are easy to prove.
But pain, headaches, or memory problems are harder to show, even though they can affect your life just as much.
This means that how you report your injuries matters a lot. If you tell the doctor, “I feel fine,” or “It’s not too bad,” when you’re hurting, those words go in your medical record.
Later, the insurance company may use it against you, so be mindful of what goes into your medical report and conduct as many tests (including mental tests) as possible.
Biases
A very popular stereotype is that motorcyclists are reckless and take too many risks. Even if you’ve been riding safely for decades, wearing all the right gear, and have a clean record, this bias can work against you.
Insurance companies know about this bias and use it to their advantage. They might offer you less money because they think if your case went to court, a jury might blame you partly for the crash just because you chose to ride a motorcycle.
And unfortunately, police officers can have this same bias, too. The crash report might unfairly blame you even when the facts don’t support it. Since insurance companies rely heavily on these reports, this can seriously hurt your claim.
Some insurance companies even train their adjusters to look for ways to blame you. They might claim you were speeding or weaving through traffic without any proof, just playing on common stereotypes.
Your Evidence
Photos from the crash scene are incredibly important. Skid marks, vehicle positions, road conditions, and vehicle damage can tell the real story of what happened.
But these things disappear fast – skid marks wash away, vehicles get moved, and weather changes road conditions. If you’re too hurt to take pictures, ask someone else at the scene to help.
Witness statements are also essential, but most people don’t realize how quickly witnesses forget details or become hard to find. So, getting their statements right away should be your priority.
Traffic or security cameras might have caught your crash, but this footage is usually deleted within days if no one asks for it. You need to act fast to preserve this evidence.
Your motorcycle itself tells a story about the crash. How it’s damaged can show the impact angle and other vital details. So make sure it’s photographed from all angles before repairs start.
The Time Factor
Every state has a statute of limitations for filing injury lawsuits, which can be as short as one year in some states.
Missing this deadline, you lose your right to seek compensation forever – even if your case is otherwise perfect.
What’s less known is that insurance policies often have much shorter notification deadlines. Some require you to report the accident within 24-72 hours or risk having your claim denied.
Evidence disappears quickly, too. Witnesses move away or forget details. Physical evidence at the crash scene gets cleaned up. Security camera footage gets deleted. Every day that passes makes your case harder to prove unless you take action immediately.
Why Do You Need a Motorcycle Attorney?
Many victims don’t realize that lawyers can help them get 3 – 4 times more money than they would on their own, even after the legal fees are paid.
This is because they know what your case is truly worth and won’t let insurance companies get away with lowball offers.
A motorcycle-specific attorney knows how to fight the bias against riders. They’ve seen the tricks insurance companies use against motorcyclists and understand how to counter them with evidence and legal arguments.
Plus, having an attorney shows the insurance company you’re serious. When they see that you’re ready to go to court if needed, they’re much more likely to make a fair offer.
Wrapping Up
If you’ve been hurt in a motorcycle crash, don’t allow ignorance to catch you by surprise. Use the knowledge you’ve gained here to take control of your claim and fight for the right compensation.
