Insurance Company Says You Caused the Motorcycle Accident? How to Fight Back
Motorcycle accidents cause serious injuries, expensive medical bills, lost income, and a whole lot of stress. Unfortunately, many injured riders face another challenge after the crash: an insurance company blaming the motorcycle rider for the accident.
If you’ve been involved in a motorcycle crash you may have noticed that the insurance company quickly concluded that you were responsible, even when the facts suggest otherwise. Insurance companies frequently look for ways to deny claims and reduce settlement offers. A common ploy is unfairly shifting blame onto the motorcycle rider.
Jason Bottlinger is an experienced Bellevue motorcycle accident attorney. At Bottlinger Law L.L.C., we can review your case and advise you on the best strategy for seeking maximum compensation. Jason understands the challenges motorcycle riders face, and he isn’t afraid to stand up to the insurance companies.
Why Insurance Companies Try to Blame Motorcycle Riders
Many insurance companies rely on stereotypes about motorcyclists. Some adjusters just assume that riders are naturally reckless, they ride too fast, and they take unnecessary risks. These assumptions can influence how claims are investigated and evaluated.
Most motorcycle accidents occur because drivers violate the law or they fail to pay attention to the road. Distracted driving, texting, improper lane changes, and failure to yield frequently cause crashes involving motorcycles.
When an insurance company blames a rider without sufficient evidence, it may be trying to reduce its financial responsibility by lowering claim payouts, denying liability, minimizing settlement offers, or shifting responsibility for the accident. Recognizing common insurance adjuster tactics motorcycle crash victims face is the first step toward protecting your claim.
Common Insurance Adjuster Tactics After a Motorcycle Crash
Insurance adjusters are trained to protect their company’s financial interests. While some claims are handled fairly, others involve aggressive efforts to shift blame.
- Claiming the Rider Was Speeding. Motorcycles can appear faster than they actually are due to their size and acceleration. Adjusters may argue that excessive speed contributed to the crash even when evidence does not support that conclusion.
- Suggesting Lane Splitting Was Involved. Nebraska law generally prohibits lane splitting. Insurance companies sometimes attempt to suggest a rider was improperly maneuvering between vehicles even when there is no evidence to support that claim.
- Using Recorded Statements Against You. Shortly after an accident, adjusters may request a recorded statement. Innocent comments can be taken out of context and used to support a motorcycle accident fault dispute.
- Disputing the Severity of Your Injuries. Insurance companies often challenge the seriousness of injuries sustained in motorcycle crashes, arguing that treatment was unnecessary or unrelated to the collision.
Understanding Nebraska Comparative Negligence Law
Nebraska follows a modified comparative negligence law when determining fault in personal injury cases. As long as you are found to be less than 50% responsible for an accident, you have the right to seek compensation. That’s why it’s important to find an attorney who will push back against insurance agents who try to exaggerate a motorcycle rider’s role in causing an accident.
Your Attorney Will Collect Evidence to Support your Claim
When facing an insurance company that unfairly blames motorcycle riders, strong evidence becomes critical.
Police Reports
The responding officer’s report typically contains important details about the accident, including initial observations at the scene, statements from the parties involved, witness information, and any traffic violations that may have contributed to the crash. It may also include accident diagrams that help illustrate how the collision occurred and support the investigation.
Photographs and Video Footage
Photos taken at the accident scene can help establish:
- Vehicle positions
- Road conditions
- Traffic signs
- Skid marks
- Damage patterns
Traffic cameras, dashcams, and surveillance footage may also provide objective evidence regarding how the crash occurred.
Witness Statements
Independent witnesses can play a major role in resolving a motorcycle accident fault dispute. Unlike insurance companies or involved drivers, neutral witnesses typically have no financial interest in the outcome of the case.
Accident Reconstruction Experts
In complex accident cases, accident reconstruction experts can examine vehicle damage, roadway evidence, impact points, and other physical evidence to determine how a crash occurred. These experts can help establish how the crash occurred and identify the party that is responsible.
Medical Records
Medical documentation helps connect injuries directly to the collision and supports claims for motorcycle accident compensation. Prompt medical treatment also helps prevent insurance companies from arguing that injuries were unrelated or exaggerated.
Distracted Drivers and Motorcycle Accidents
Many motorcycle crashes occur because distracted drivers failed to even notice the motorcycle riders. If distracted driving contributed to your crash, evidence such as phone records, witness statements, surveillance footage, and police investigations may help establish liability.
Common forms of distracted driving include:
- Texting while driving
- Checking social media
- Talking on the phone
- Programming GPS devices
- Eating while driving
- Adjusting vehicle controls
How Your Attorney Can Help
Insurance companies often have teams of adjusters, investigators, and attorneys working to minimize payouts. Having legal representation can help level the playing field.
A Bellevue motorcycle accident lawyer can:
- Conduct an independent investigation
- Gather critical evidence
- Interview witnesses
- Work with accident reconstruction experts
- Handle communications with insurance companies
- Challenge unfair fault determinations
- Calculate damages accurately
- Negotiate for maximum compensation
- Prepare a case for trial if necessary
Speak With an Experienced Bellevue Motorcycle Accident Lawyer
If you are facing unfair insurance company tactics, Bottlinger Law L.L.C. is ready to help. Jason Bottlinger belongs to the Multi-Million Dollar Advocates Forum, he has been named a Top 100 Lawyer by The National Trial Lawyers, and our law firm maintains a Perfect A+ Rating from the Better Business Bureau.
Call (402) 505-8234 for a free consultation and find out how an experienced Bellevue motorcycle accident lawyer can help protect your rights after a crash.
FAQs About Motorcycle Accident Insurance Claims
Can an insurance company automatically decide that I caused the motorcycle accident?
No. An insurance company’s fault determination is not legally binding. Insurers make initial assessments based on available information, but those findings can be challenged with evidence such as police reports, witness statements, accident reconstruction analysis, and video footage.
How does Nebraska’s comparative negligence law affect my motorcycle accident claim?
Under Nebraska’s comparative negligence law, you may still recover compensation if you are found less than 50% responsible for the accident. But your compensation will be reduced by your percentage of fault.
What evidence can help me dispute an unfair fault determination?
Evidence that may help support your claim includes police reports, photographs from the accident scene, surveillance or dashcam footage, witness statements, medical records, and expert accident reconstruction testimony. Strong evidence can be critical in a motorcycle accident fault dispute.
What should I do if the insurance company says I caused the motorcycle accident?
Avoid admitting fault for the accident, preserve evidence related to the crash, continue receiving medical treatment, and consult an experienced Bellevue motorcycle accident lawyer as soon as possible. An attorney can investigate the accident, challenge inaccurate fault findings, and pursue the motorcycle accident compensation you may be entitled to recover.
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