Insurance Companies And Motorcycle Accidents
The following article will cover:
- Common tactics used by insurance companies to deny or limit settlement for motorcycle accidents.
- Importance of consulting an attorney before accepting a settlement offered by the insurance company.
- Comparative fault in motorcycle accidents and its impact on settlement.
What Are The Common Defenses You See Insurance Companies Use To Deny Or Limit Settlement For Motorcycle Accidents?
In a motorcycle accident case (as in auto cases), insurance companies may use various tactics to discourage claims. They may delay and/or minimize or limit the claim, even if they are at fault. Delaying the claim, making it hard to handle, being difficult or unfriendly, and not returning phone calls in a timely manner are a few of the ways insurance companies try to avoid settling the claim.
These methods usually lead to frustration and financial difficulties for the person who is injured and unable to work and really does not understand what rights they may have. Insurance companies know that delaying the claim may affect the treatment of the injured person, which may ultimately affect the case. We have even talked with some clients who were so discouraged they considered not just giving up on their claim.
Comparative fault is another tactic that insurance companies may use to limit the settlement. In Louisiana, comparative fault means that liability is compared between the individuals involved in the accident.
For example, if someone runs a red light and hits another person, they are likely to be at fault. However, if the person who had the right of way was speeding excessively, they may also bear some responsibility for the accident. Insurance companies may try to transfer fault, responsibility, or liability to another driver to save themselves money. If an insurance company can successfully pin 10% or 20% of the fault on the other driver, it can significantly reduce the amount of money they have to pay.
Although motorcycle riders have the same rights and obligations as automobile drivers, insurance companies commonly blame whoever is on the other side. They have a set of tactics that they commonly use in every case, regardless of the facts. There is no bias against motorcycle riders being blamed for accidents. The damages that motorcycle riders can claim are the same as those for automobile drivers. The same rights apply to anyone who is injured as a result of someone else’s negligence.
It is essential to address these tactics early on in the case to ensure that the injured person’s rights are protected.
The Insurance Company Is Offering A Settlement After A Motorcycle Accident. Should I Just Take It Or Should I Consult An Attorney?
The answer to this question, of course, depends on who you ask. Insurance adjusters, who are highly trained and experienced in paying the least amount possible for a claim, advise you to take the settlement. However, consulting with an attorney who handle this type of case is a much better option. It is essential to understand that your rights and obligations after a motorcycle accident. Remember, this may be a game to the insurance company to save money but to you and your family it is YOUR life.
Taking the initial settlement is not normally in your or your family’s best interest. Without having the opportunity to meet with medical healthcare providers, you may not know the full extent of your injuries. In some cases, the full extent of your injuries may not be known for weeks or even months. For instance, you may be sore or hurting after the accident, and you may assume that the pain will go away with time. However, the pain may persist, and this maybe a sign that there are more serious medical injures you may to address. .
Getting appropriate care shortly after the accident, if required, and treating the injuries is crucial. It helps to document everything and strengthens your case. More importantly it helps to treat your medical issues and hopefully minimize the damages. Accepting the initial settlement will likely prevent you from seeking additional compensation in the future. Therefore, it is recommended that you consult with an attorney to ensure that your rights are protected and you receive fair compensation for your injuries.
For more information on Motorcycle and Auto Accident Cases in Louisiana, an initial consultation is your next best step are without obligation and at no charge. Get the information and legal answers you are seeking by calling (337) 240-6697 today.