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How Might Motorcycle Bias Impact My Injury Claim?

  • Last Updated: December 27th, 2022
  • By: Mike Grossman
  • Motorcycle

How Insurance Adjusters View Motorcycle Accident Claims

To put it plainly, insurance carriers don't much care for motorcyclists. There's a bias towards riders, and insurance adjusters often start with the idea that the cyclist is at-fault in any given accident. We know that certainly isn't the case, but if you've been injured in a motorcycle accident, you need to understand how insurance adjusters feel about you, so you know what it takes to win your case.

Questions Answered on This Page:

  • Is there bias towards motorcyclists?
  • How will insurance adjusters try to reject my motorcycle accident claim?
  • How can I get fair compensation for my motorcycle accident?

How insurance carriers really work, in general.

There are two broad categories of insurance:

  1. No-fault insurance
  2. At-fault insurance

With no-fault insurance, the beneficiary of the policy is paid the available funds simply because there is a contract in place which says that they are entitled to said monies. As long as the criteria of the policy is met, that's all there is to it. No fault insurance is commonplace in life insurance, unemployment benefits, and health insurance. You probably understand this intuitively if you've ever had to file a claim for any of these kinds of compensation. If you have, you probably notice that they simply verify that you met the eligibility requirements and they they paid you with little fuss. The reason they did so is because they are contractually obligated to do so.

On the other end of the spectrum, you have at-fault insurance. Unlike no fault insurance where the carrier is require to pay you simply because you meet eligibility requirements, with an at-fault insurance claim you always have to prove that the insured person is at-fault AND prove the extent of your injuries. If you fail to do either, they have zero obligation to pay you.

When it comes to motorcycle accidents, Texas has an at-fault system. Claimants are only paid if they prove the other driver is at-fault in their accident.

Yet, despite this fact, there's a pervading myth that insurance companies have to pay, and they have to pay a fair amount just because you were injured in an accident. That's simply not true. Insurance carriers have no obligation to pay you automatically. You have to prove fault and prove up your damages. That's how the system works.

All this means is that an insurance carrier doesn't have to play fair. And they don't have to pay you for the full value of your claim. If you're not represented by an attorney, they are more than happy to step back and let you mess up the value of your claim.

How insurance adjusters view your claim.

Since the law does not require insurance carriers to pay you, and the only way to get them to pay you is to handle your case in a very specific way, they're certainly afforded an opportunity to fight you. But, of greater concern, they want to fight you. Their entire business model is built on the notion of charging for insurance coverage and then paying out as little as possible. Furthermore, they don't really care for motorcyclists.

Imagine you're on a jury where a convicted murderer, who has since been released from prison, has suffered a work injury. Perhaps you can evaluate that person's case and award them fair and just compensation, paying no mind to their past mistakes. Unfortunately, you might be alone. Most people would have a hard time forgetting that he's a murderer, and that could impact how his case turns out.

Many people have similarly strong feelings of bias toward motorcyclists. The way some see it, all motorcyclists are loud, obnoxious, and dangerous. What's worse, many people who hear ofa biker's misfortune in an accident and think to themselves, "Serves you right for riding one of those death traps." Insurance carriers are aware that much of the population feels this way. In fact, many insurance adjusters themselves feel this way, and they begin evaluating your case with their mind already made up that since you ride a bike, you must also be at least partially to blame.

Why you should call Grossman Law Offices:

That's where we come in. It's out job to reminder the insurance carrier that we have a hand in picking the jury too, and that motorcyclists have the same right as other citizens. We aggressively fight for fair compensation for our client, and that's what you deserve. We have over 25 years of experienced handling personal injury claims in the state of Texas. Give us a call whenever it is convenient to you, and we'll be happy to discuss your potential claim. We can be reached at (855) 326-0000.

Read our other articles concerning motorcycle accidents:

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