Why Insurance Companies Undervalue Motorcycle Accident Claims and How to Fight Back
Motorcycle accidents can be devastating for riders and their families. Filing an insurance claim might seem like a straightforward path to compensation for damages and injuries. However, many quickly realize the challenges of dealing with insurance companies. Too often, insurers undervalue claims, leaving victims without the financial support they need to recover.
Brett Reynolds & Associates, P.C. understands the impact of motorcycle accidents on your life and the tactics insurance companies use to minimize payouts. Based in San Antonio, the firm serves clients throughout South and Central Texas. With over 38 years of experience, Attorney Reynolds has built a reputation for standing up to insurance companies and helping injured riders pursue compensation.
If you've been involved in a motorcycle accident, partnering with Brett Reynolds & Associates, P.C. can make a significant difference in holding insurers accountable for your rightful claim.
Why Insurance Companies Undervalue Motorcycle Accident Claims
Insurance companies are in the business of making money—not paying out claims. They often use strategies designed to lower the compensation owed to victims. Here are some common reasons why motorcycle accident claims are undervalued:
Bias against motorcycle riders: There’s a persistent stereotype that motorcycle riders are inherently reckless or engage in risky behavior. Insurers sometimes use this bias to argue that the motorcycle rider was partially or wholly responsible for the accident, thereby reducing compensation under Texas comparative fault laws.
Misrepresentation of injuries: Motorcycle riders face a significantly higher risk of serious injury than cars or trucks due to their greater exposure and lack of protective barriers. From road rash to traumatic brain injuries, the medical expenses can be significant. Yet, insurance adjusters often try to minimize payouts by downplaying the severity of injuries or claiming that some injuries predated the accident.
Ignoring Intangible damages: Insurance companies often focus only on physical damages, like medical bills and motorcycle repairs, while neglecting the emotional pain and suffering caused by the accident. Compensation for loss of enjoyment of life or post-traumatic stress can be harder to calculate but is no less important.
Delayed settlement offers: Insurers might drag out the claims process in the hopes that the victim will become frustrated or desperate enough to accept a lowball offer. These delay tactics are all too common and are meant to pressure victims into settling for less than they deserve.
Complicated claims processes: Motorcycle accident claims tend to be more complicated than car accident cases. Insurers may use this against claimants by contesting evidence, disputing liability, or requiring additional documentation, which can complicate the process for victims who choose to forgo legal representation.
How to Fight Back Against Lowball Tactics
Dealing with insurance companies may be daunting, but you don’t have to settle for less than you deserve. Some of the ways you can protect your claim include the following:
Collect solid evidence: Document everything, including photos of the accident scene, damage to your motorcycle, and visible injuries. Gather witness statements, police reports, and medical records. The more evidence you have, the harder it is for insurers to challenge your claim.
Avoid speaking directly to insurers: When speaking to insurance adjusters, every word you say can be used against you. Never admit fault or agree to recorded statements without consulting an attorney first. Your attorney can communicate with the insurer on your behalf to avoid misrepresentation.
Get immediate medical attention: Documenting injuries can protect your health and your claim. You should see a doctor right away even if you think your injuries are minor. Insurance companies may argue that delays in treatment mean the injuries weren’t serious or were unrelated to the accident.
Know the value of your claim: Insurance companies may offer settlements based on their own calculations, which tend to ignore the full scope of damages. An attorney can help determine the real value of your claim by factoring in medical bills, lost wages, property damage, and non-economic damages like pain and suffering.
File a lawsuit if necessary: If negotiations with the insurance company fail, a lawsuit may be the most effective way to secure fair compensation. While this can seem intimidating, having Attorney Brett Reynolds will handle the process while you focus on healing.
Texas Laws Affecting Motorcycle Accident Claims
If you're considering filing a motorcycle accident claim in Texas, you should be aware of the legal framework that could impact your case. Some laws to keep in mind include the following:
Helmet Law
Under Texas law, motorcycle riders over 21 are not required to wear a helmet if they can prove they carry adequate health insurance or have completed a motorcycle safety course.
While choosing not to wear a helmet may not automatically bar you from recovering damages, it could affect how the insurer or court assigns comparative fault and evaluates your claim.
Comparative Fault
Texas follows a modified comparative fault rule. If you’re found partially responsible for the accident, any compensation awarded to you will be reduced by your percentage of fault.
Additionally, if you are found to be more than 50% at fault, you won’t recover any compensation. This is one reason insurers try to argue that motorcyclists share blame for their accidents.
Statute of Limitations
The statute of limitations in Texas for filing a personal injury claim after a motorcycle accident is generally two years from the date of the accident. Missing this deadline may take away your right to pursue a claim altogether. Timely action is critical to building a strong case.
Motorcycle Accident Firm Serving South and Central Texas
Attorney Brett Reynolds has represented clients in motorcycle accident cases, civil litigation, and personal injury claims for over 38 years. Based in San Antonio, Texas, Brett Reynolds & Associates, P.C. provides tailored legal services across South and Central Texas.
Every client is treated as an individual, not just another case file. If you or a loved one has been injured in a motorcycle accident, reach out today for compassionate legal support.
