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.
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 Adjusters undergo training to dissect motorbike claims more than other types of claims, often based on outdated assumptions about rider behavior.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.
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.
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.
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.
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.
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.
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.
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.
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.
Insurance companies take represented claimants much more seriously. In short, an experienced Los Angeles motorcycle accident lawyer can:
Without an attorney, many riders walk away with far less money than they deserve.
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.”
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.
Javier retained LA Injury Lawyers, who:
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
This case reveals three essential truths:
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.
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.
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.
A: If the driver has assets, attorneys can pursue underinsured motorist claims or lawsuits against the driver individually.
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%.
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.
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.
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.
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.
Remed
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