15 Mistakes In Motorcycle Accident Claims

Motorcycle accident claims face unique challenges that car accident cases don’t encounter. Bias against motorcyclists and severity of injuries create obstacles that require careful handling to overcome and recover fair compensation.

Our friends at The Law Office of Jeffrey Weiskopf discuss how preventable errors cost injured riders thousands of dollars in settlements they deserve. A catastrophic injury lawyer experienced with motorcycle cases knows the specific pitfalls these claims present and how to counter anti-rider bias that pervades insurance negotiations.

These fifteen mistakes jeopardize motorcycle accident claims and your financial recovery.

1. Not Wearing Proper Safety Gear

Riding without a helmet or protective gear gives insurance companies ammunition to reduce your settlement through comparative negligence arguments. Even in states without helmet laws, failing to wear safety equipment suggests you contributed to your own injuries.

According to the National Highway Traffic Safety Administration, helmet use significantly impacts injury severity and insurance claim evaluations. Document what safety gear you were wearing at the time of your accident to counter arguments about your negligence.

2. Leaving The Accident Scene Without Documentation

Motorcycle accident scenes contain important evidence that disappears quickly. Take extensive photos of your damaged motorcycle from all angles, the other vehicle’s damage, road conditions and skid marks, traffic controls and sight lines, and your visible injuries.

Don’t rely on police to document everything. They sometimes miss important details or favor car driver accounts over motorcyclist versions.

3. Admitting You Were Speeding Or Lane Splitting

Never volunteer information about your speed or riding behavior that could be used against you. Insurance companies assume motorcyclists ride recklessly and jump on any admission supporting this bias.

Stick to factual descriptions of what happened without speculating about speed, following distance, or whether your riding contributed to the accident.

4. Failing To Get Witness Statements

Independent witnesses are particularly valuable in motorcycle accidents where car drivers often claim they never saw the rider. Witnesses who saw the collision provide powerful corroboration that counters driver excuses.

Get complete contact information and written statements from everyone who observed the accident before they leave the scene.

5. Not Preserving Your Damaged Motorcycle And Gear

Your damaged bike and gear serve as physical evidence of impact severity. Insurance companies try to minimize accidents by claiming impacts were minor.

Store your motorcycle without repairs until we photograph and document all damage. Keep damaged helmets, jackets, boots, and other gear showing the collision’s force.

6. Delaying Medical Treatment For Road Rash And Soft Tissue Injuries

Motorcycle riders often sustain road rash and soft tissue injuries that seem less urgent than broken bones. Don’t delay treatment for these injuries just because they’re not life-threatening.

Document all injuries immediately including:

• Road rash and skin abrasions
• Bruising and swelling
• Muscle strains and sprains
• Joint injuries

Treatment delays give insurance companies arguments that these injuries weren’t serious or weren’t caused by the accident.

7. Accepting Blame For “Coming Out Of Nowhere”

Drivers frequently claim they never saw motorcycles before collisions. This doesn’t excuse their negligence. Drivers have duties to watch for all traffic including motorcycles before turning, changing lanes, or entering roadways.

Counter “I didn’t see you” excuses by documenting that you were visible, following traffic laws, and riding predictably when the driver failed to yield.

8. Not Identifying All Liable Parties

Motorcycle accidents sometimes involve multiple liable parties beyond just the other driver. Investigate whether municipalities failed to maintain safe road conditions, parts manufacturers produced defective motorcycle components, bars or restaurants overserved intoxicated drivers, or employers allowed negligent commercial drivers on roads.

We identify all potential defendants to maximize available insurance coverage and recovery.

9. Minimizing Your Injuries To Appear Tough

Many motorcycle riders pride themselves on toughness and downplay injuries to medical providers or insurance adjusters. This hurts your claim significantly.

Be completely honest about your pain, limitations, and how injuries affect your daily life. Medical records minimizing your condition reduce settlement values substantially.

10. Posting Motorcycle-Related Content On Social Media

Insurance companies monitor injured riders’ social media for posts about motorcycles, riding, or activities contradicting disability claims. Photos of you at bike rallies or discussing riding become evidence you’re not seriously injured.

Make all accounts private and post nothing about motorcycles, the accident, your recovery, or your activities until your case resolves.

11. Agreeing To Recorded Statements About Riding Experience

Insurance adjusters ask about your riding experience hoping to establish you’re a risk-taker or reckless rider. They use these recorded statements to paint you as someone who contributed to your own accident.

Decline recorded statements and refer adjusters to your attorney. How long you’ve been riding or what type of motorcycle you own isn’t relevant to whether the driver negligently caused your accident.

12. Not Documenting Lost Riding Season

Motorcycle riders often cannot ride for entire seasons due to injuries. This represents a significant loss of enjoyment that deserves compensation beyond just economic damages.

Document how injuries prevented you from riding and participating in motorcycle-related activities you previously enjoyed regularly.

13. Accepting Settlement Before Understanding Long-Term Impacts

Motorcycle accidents cause serious injuries requiring extended recovery. Settling before reaching maximum medical improvement means you might accept inadequate compensation for ongoing medical needs or permanent disabilities.

Wait until your doctors confirm you’ve improved as much as possible before considering settlement offers.

14. Not Challenging Anti-Motorcycle Bias

Insurance adjusters and juries sometimes hold biases assuming all motorcyclists ride dangerously. Don’t accept these unfair assumptions without challenge.

We present evidence of your safe riding history, proper licensing and training, compliance with traffic laws, and appropriate safety gear use to counter stereotypes about reckless riders.

15. Handling Claims Without Motorcycle-Specific Legal Experience

Motorcycle accident claims require understanding of unique dynamics, common defense strategies, and how to counter anti-rider bias effectively. General injury attorneys lacking motorcycle case experience often miss important opportunities to strengthen claims.

Protecting Your Motorcycle Accident Claim

Motorcycle accidents cause devastating injuries that change lives permanently. The mistakes you make after a crash can reduce your compensation dramatically or destroy otherwise valid claims.

Insurance companies know injured riders face bias and use this to minimize payouts on legitimate claims. They employ tactics specific to motorcycle accidents that general injury lawyers might not recognize or counter effectively.

Don’t face insurance companies alone after a serious motorcycle accident. Contact an attorney experienced with motorcycle injury claims who understands rider rights, knows how to prove driver negligence, counters anti-motorcycle bias, and will fight for full compensation that reflects the severe injuries and losses you’ve suffered.