While it’s true that motorcyclists often enjoy the thrill of the open air on the open road, the vast majority of motorcycle riders drive responsibly and use their motorcycle for routine daily transportation. The temperate climate in Texas makes a motorcycle a viable option for riding to work or school nearly year-round. Unfortunately, the stereotype of a reckless, rebellious rider persists, especially in the insurance system. The bias that insurance adjusters have against motorcyclists may unfairly influence motorcycle accident claims. If you believe bias has impacted your claim, a proven Texas motorcycle accident attorney at Road Justice can advocate on your behalf, challenge unfair fault determinations, and fight for the full compensation you deserve.
How Does an Insurance Company Use The Texas Fault-Based Accident System Against a Motorcycle Accident Victim?
Texas has fault-based injury laws that require an insurance adjuster to investigate a motorcycle accident and assign a percentage of contributory fault to those involved in the accident. Under the Texas modified comparison negligence system, an injury victim may still recover compensation if they contributed to the cause of the accident, as long as they are less than 51% at fault. However, the insurance company subtracts the injury victim’s percentage of fault from the amount they pay out on the claim.
For example, suppose a negligent driver makes a left turn while focusing on traffic approaching from the right and collides with a motorcyclist approaching from the left? It would seem that the driver is 100% at fault for failing to yield the right of way. Unfortunately, an insurance adjuster could decide that the motorcyclist increased the severity of the accident because they were traveling five miles per hour over the speed limit. By assigning the motorcyclist 25% fault for the accident, they can reduce a $100,000 claim to a $75,000 payout.
While the system is meant to account for situations where a motorcyclist genuinely contributed to the crash, it also gives insurance companies an excuse to unfairly assign fault to minimize large payouts. An esteemed motorcycle accident lawyer in Texas can challenge these fault determinations, gather evidence to establish liability, and work to maximize the compensation you recover.
Why Do Insurance Companies Deny, Delay, or Devalue Motorcycle Accident Claims?
A motorcycle accident exposes an unprotected rider to serious or catastrophic injuries due to direct contact with the road or impact with another vehicle in an accident. When a motorcycle accident compensation claim involves significant damages, such as past and future medical expenses, past and future income loss, and catastrophic injury damages like disability, impairment, disfigurement, or diminished quality of life, insurance companies often turn to predictable tactics. Their bias against motorcyclists and desire to protect their profits make these claims especially difficult to navigate.
An insurance company may do the following:
- Reach out to the motorcycle accident victim soon after the crash with a lowball settlement offer before the injury victim knows the full extent of the damages they’re facing
- Record phone calls and use the injury victim’s words out of context against them later
- Ask for a medical authorization to review the accident injuries, and then obtain a blanket authorization that allows them to comb through the entire medical history to look for previous injuries or pre-existing conditions they can claim as the true cause of the symptoms
- Claim that a doctor’s recommended treatment isn’t necessary for the injury
- Delay progress on the claim, ask for redundant paperwork, or fail to respond to emails to delay the claim until the injury victim will accept a low settlement, give up the claim, or allow the statute of limitations to run out
Unfortunately, the insurance company’s bias against a motorcyclist increases the likelihood of unfair claim denials, frustrating delays, and undervalued claims. They often consider the act of riding a motorcycle at all as risk-taking and use stereotypes, statistics, and other faulty evidence against an injury victim. If you’re facing delays, a denied claim, or a low settlement offer, don’t handle it alone. Contact a trusted Texas motorcycle accident attorney today for a free consultation and protect your right to full compensation.