Are Claims Adjusters Biased Against Motorcyclists?
After an accident, injured motorcyclists typically negotiate a settlement with a driver’s insurance company, which will assign a claims adjuster to handle the case. Unfortunately, many motorcyclists are disappointed in the process. Although they were seriously hurt in the accident, they soon discover that the claims adjuster blames them for the accident. The insurance company representative might even allege the rider was lane splitting or committing some other illegal act.
Is the claims adjuster biased against you because you ride a motorcycle? It’s an uncomfortable thought. There’s nothing illegal about riding a motorcycle, and you should be treated fairly like any other accident victim. A Yuma motorcycle accident lawyer at Karnas Law firm, PLLC, offers his perspective about bias against riders.
Damaging Stereotypes
Motorcyclists face an uphill climb if they hope to receive compensation after a collision with a motor vehicle. One challenge is the myth that motorcyclists are risky drivers.
Who hasn’t watched a movie where a motorcyclist is weaving in and out of traffic or going double the speed limit? This is the image of a “daredevil”—someone willing to risk their safety, as well as the safety of everyone else around them, for a thrill.
Unfortunately, the “daredevil” stereotype is permanently etched in the minds of many people. You might be the safest rider around, but some people will assume you are Evil Knievel. They will look for any reason to blame you for a wreck, even if you were driving safely when an aggressive driver collided with you.
How Bias Affects Your Personal Injury Case
We have seen bias against motorcyclists in every stage of a personal injury claim:
- Investigation into the accident. You might be quizzed more aggressively by the police officer at the scene who adopts an automatic belief you must be to blame. If you speak to an insurance adjuster (and you shouldn’t), they might start putting words in your mouth about how you were going too fast or tailgating.
- Witness testimony. You might find that some witnesses are blaming you for the accident even though you know you are blameless. Unfortunately, many witnesses filter their memories through their biases.
- Settlement negotiations with the defendant’s insurer. Motorcycle accidents are legally analyzed like car accidents. The prime issue is to determine fault. The insurance adjuster might unfairly attribute all blame to you.
- Calculation of damages. Arizona’s comparative negligence law will reduce a person’s compensation by their share of fault. The claims adjuster might attribute some blame to you, which will shrink the amount of compensation by a similar percentage. If you are 50% at fault, your damages will be 50% lower.
- Jury trials. Most accident cases settle outside of court, but some need to go to trial. You might find yourself confronting a panel of jurors who are biased against you.
The end result? Some motorcyclists do not receive the compensation they deserve. They are offered low settlements, which do not begin to cover their medical expenses, to say nothing of lost wages and pain and suffering.
How to Counter Bias Against Motorcyclists
Accident victims are not powerless. There are ways to fight back and ensure you receive the compensation you deserve.
Your best option is to hire an experienced Yuma motorcycle accident lawyer who is aware of these biases going into the case. We are ready for them. Lawyers who handle maybe one or two motorcycle accident cases a year might be blindsided by how hostile the insurance company is to their client.
Motorcycle accident victims can help their case, too:
1. Preserve evidence from the scene. This is the best way of helping others see what really happened. Speak to witnesses, take photographs of the scene and vehicles, and call the police.
2. Write down your memories. Jot down what you remember while your memories are still fresh, including any statements the driver made. The driver might have admitted fault, and we can use those statements.
3. Call Karnas Law Firm. A Yuma motorcycle accident lawyer can work with experts to reconstruct what happened based on all available evidence. Our law firm might also go into nearby businesses to see if they had security cameras capture the accident. Video evidence is some of the strongest evidence in an accident case.
4. Document your injuries thoroughly. Our law firm can negotiate for compensation, but it’s best to have full documentation of the injuries.
This is a lot to do. Many motorcyclists are rehabbing significant injuries and struggling to manage pain. For this reason, contact Karnas Law Firm, PLLC, so we can get to work immediately.
Work with a Firm that Believes in the Truth
Despite widespread bias, motorcyclists can still receive fair compensation for their injuries.
Sometimes the evidence is too obvious that you were not to blame for a collision. Suppose we find video or dashcam footage showing a driver tailgating and crashing into you. Even the most skeptical claims adjuster will change their opinion when confronted with proof that our clients are not to blame.
We can also point to other facts that bolster your case, such as wearing a helmet. Arizona doesn’t require that adults wear helmets, though it’s a prudent choice. It shows you are a safety conscious person, which we can use to your benefit.
In settlement negotiations, we might also point to your clean driving history as another reason to believe your side of the story. It’s one piece of a puzzle.
Each case is different. Let us analyze the facts to see if you can receive compensation.
Call a Yuma Motorcycle Accident Lawyer
The lawyers at Karnas Law Firm believe in justice. The personal injury process exists to hold dangerous and careless drivers accountable for the accidents they cause. Any driver who negligently strikes a motorcyclist should pay reasonable compensation to the victim. It’s only fair.
We take pride in helping motorcyclists get compensation for bike repairs, as well as for lost wages, medical bills, and pain and suffering. Call us today to schedule a free consultation.