LA Injury Group logoLA Injury Group Attorneys
Personal Injury and Wrongful Death Attorneys
(818) 240-1800

How Insurance Companies Deal with Motorcycle Accident Claims

May 5, 2025 
by LA Injury Group

Motorcycle wrecks commonly leave victims with  life-altering injuries. Insurers are always ready with their tactics claiming these types of claims deserve far greater scrutiny than car-on-car crashes. They always assume that motorcyclists are reckless and therefore at fault, even with solid evidence showing otherwise. This makes securing fair compensation an uphill task without proper legal representation. Motorcycle accident claims help injured riders seek compensation for medical bills, lost wages, and pain caused by another party’s negligence.

As a rider, knowing the claims process and being aware of the insurer's deceptive tactics can make a big difference between receiving just compensation or being pressured into accepting a lowball settlement. This knowledge is valuable. Whether you need assistance from a Los Angeles motorcycle accident lawyer or simply want to stay informed.

Let me explain more about how insurers treat motorcycle accident claims differently.

How Insurance Companies View Motorbike Accident Claims

They have a different standard for motorcycle claims versus car accident claims. Adjusters undergo training to dissect motorbike claims more than other types of claims, often based on outdated assumptions about rider behavior. 

They often ask for more evidence than necessary to prove liability especially in clear-cut, rear-end collisions or left-turn accidents. Even in cases where it’s crystal clear that the other motorist was at fault. They may challenge medical treatment more vigorously, claiming that some of the injuries could not have been sustained in the crash, despite medical proof to the contrary.

Furthermore, motorbike injuries are placed into a different category within the insurance companies’ institutionalized valuation formulas, where they automatically receive a lower range of possible settlements to similar injuries from car accidents. Engaging an LA motorcycle injury attorney is essential to deal with these annoying undervaluation practices.

How Insurance Companies Deal with Motorcycle Accident Claims

Common Insurers Strategies to Reduce or Deny Your Claims

Premature Fault Assignment

Adjusters often jump to blame too quickly without doing a full investigation. They might argue that you  were speeding or lane splitting dangerously, even if evidence shows these assumptions. While California law allows lane splitting so long as it is done safely, insurance companies abuse the legal maneuver to shift blame.

Medical Treatment Disputes

Motorbike riders don’t have the protection of a vehicle, so they tend to suffer complex fractures, spinal injury, and traumatic brain injury. Insurers often dispute these diagnoses, claiming they are overstated or unrelated to the crash. They may even tell you that physical therapy or specialist care is not necessary, despite the recommendation of a physician.

Lowball Settlement Offers

Insurers tend to start with insultingly low offers, hoping desperate riders will take them to pay immediate bills. Such offers seldom take into consideration long-term medical needs, lost earning capacity, or pain and suffering.

Unjustified Delays

Insurers stall investigations or “lose” documents, forcing victims into take-it-or-leave-it settlements. Several riders, with increasing medical bills, accept low offers just to receive some compensation.

Key Actions to Take After Your Scooter Accident

Get Emergency Help

Even if injuries appear minor, seeking medical treatment expedites the creation of an official record that connects those injuries directly to the accident. Late treatment gives insurers a reason to challenge injuries’ severity.

Keep Detailed Records of Everything

Photograph the positions of the vehicles, road conditions, traffic signals, and visible injuries. Get witness contact information and police reports right away  bearing in mind that important evidence can vanish quickly.

Never Accept Responsibility or Provide Recorded Statements

Adjusters twist offhand remarks to deny claims. Politely refuse to make any statements until you have contacted an attorney. Avoid making remarks like “am sorry this happened” or “I wasn't looking ahead”. They always use these kinds of statements to refute your claim. Don't record any statements without your lawyer's consent.

Monitor All Expenses, Even If Not Exactly Related to the Accident

Maintain meticulous records of medical costs, repair estimates, rental bike expenses, and lost pay. These documents will serve as proof of your financial losses. Keep a personal journal of all events from the time of the accident.  This will serve as evidence.

The Importance of Hiring a Motorbike Accident Lawyer

Insurance companies take represented claimants much more seriously. In short, an experienced Los Angeles motorcycle accident lawyer can:

  • Use crash experts to recreate the accident to establish liability
  • Access police reports for accuracy and completeness
  • Work directly with insurers to avoid lowball tactics
  • If necessary, file lawsuits before California’s two-year deadline
  • Determine insurance coverage options available (UM/UIM, third-party claims)

Without an attorney, many riders walk away with far less money than they deserve.

Case Study: A Los Angeles Motorcycle Accident Lawyer Secures $1.2 Million for an Injured Rider After the Insurance Company Denies Claims

Background:

Javier R., a 35-year-old construction worker and lifelong motorcycle fanatic, found himself legally lane splitting on the 405 Freeway when a distracted driver suddenly turned in front of him. The crash catapulted Javier 30 feet in the air, fracturing his pelvis, breaking three ribs, and causing a traumatic brain injury (TBI). Despite unquestionable evidence of the driver’s negligence Allstate Insurance denied Javier’s claim immediately, claiming he was “riding recklessly.”

The Insurance Battle:

After Initial Denial: Allstate’s adjuster told Javier that he was “at least 50% at fault” for lane splitting, even though California law allows for the practice. They offered only $25,000, barely enough to pay his earliest E.R. bills.

Medical challenges: After hiring a so-called “defense doctor,” Allstate said Javier’s traumatic brain injury symptoms were “preexisting,” despite scans showing bleeding on his brain.

Financial Pressure: Too sick to work, Javier was on the hook for $140,000 of medical debt and nearly took a lowball $100,000 settlement.

Legal Turning Point:

Javier retained LA Injury Lawyers, who:

  • Employed an accident reconstruction expert to demonstrate the driver’s unsafe lane change (utilizing dashcam video from a passerby)
  • Linked Javier to a TBI specialist who found permanent cognitive damage
  • Found out the at-fault driver had been in two other accidents previously (that Allstate covered up)
  • Issued Allstate a bad- faith insurance lawsuit for engaging in unlawful claims practices

Result:

Allstate eventually settled after 14 months of intense litigation, for $1.2 million, with:

$850,000 for medical expenses and future care

$300,000 for lost earning capacity (Javier was no longer able to work in construction)

$50,000 was awarded for punitive damages

Why This Matters:

This case reveals three essential truths:

  • Adjusters will deny valid claims hoping victims will give up.
  • They can still weaponize lane splitting, even though it's legal
  • Only attorney involvement pushed Allstate to pay fair value

Frequently Asked Questions

Q: How long do I have to file a motorbike accident claim in California?

A: You only have two years from the date of the accident to file a lawsuit for injury victims, but evidence preservation should start immediately. Remember, the earlier you start the higher the chances for you to get compensated as evidence is still fresh.

Q: What happens if they deny my claim because I was splitting lanes?

A: In California, safe lane splitting is allowed. Traffic cameras, eyewitness testimony, and accident reconstruction can be used by an attorney to contest false claims.

Q: Do I still have a case if I wasn’t wearing a helmet?

A: Although it's required by law to wear a helmet, not having one doesn't automatically preclude recovery — but it can reduce compensation, insurers can say.

Q: What happens when the at-fault driver is underinsured?

A: If the driver has assets, attorneys can pursue underinsured motorist claims or lawsuits against the driver individually.

Q: How much is my claim valued?

A: Serious injuries with lifelong consequences usually command six or seven-figure settlements. This is, again, just one of many reasons insurers routinely lowball settlement offers by 50-70%.

Q: Is it smart to take the first settlement the insurer offers? 

A: Seldom. First offers may be 30-50% less than fair value. If you are offered any type of settlement, speak with an attorney before accepting it.

Q: If the adjusters deny my claim altogether, what then?

A: A lawyer can file a bad-faith insurance lawsuit or take your case to trial to compel appropriate compensation.  Insurance companies are in business to make sure they pay as little as possible. 

Q: What is the average time it takes to resolve a scooter accident case?

A: Not surprisingly, straightforward cases may resolve as quickly as 3-6 months, while more complicated injury claims typically need 1-2 years if not longer, if litigation is required.

Conclusion

Motorcycle accident victims do have a biased system against them and are designed to pay as little as possible. Insurance companies count on riders to accept less-than-full settlements because they are frustrated or financially desperate. Don’t be a statistic. Seek the expertise of a Los Angeles motorcycle accident lawyer if you have been injured in a motorcycle crash. Talk to us at LA Injury Lawyers today to get a lawyer who will walk you through a successful claim making sure you obtain full compensation for medical bills, lost wages, pain and suffering, and other damages. Remember — the insurer is not your friend. Get the professional legal representation necessary to level the playing field and obtain every dollar you are entitled to.

References

Remed

Integrative Pain Management Centre: 

Common Injuries from a Motorcycle Accident 

https://www.remedclinic.com/common-injuries-from-a-motorcycle-accident

Motorcycle Data

Riders Tips:

How to handle a motorcycle crash: What every rider should know 

cross linkedin facebook pinterest youtube rss twitter instagram facebook-blank rss-blank linkedin-blank pinterest youtube twitter instagram