Are Insurers Biased Against Motorcyclists?
Accidents leave many motorcyclists in intense anguish and unable to leave their homes. Just when you think you have reached your low point, you find out that the insurance companies are actually blaming you for the accident. This is a situation many motorcyclists face after being hurt in a collision. Contact Davis & Snyder Injury Attorneys to talk with a member of our legal team. Some insurance claims adjusters are biased against motorcyclists, but the right lawyer can keep negotiations on track and focus on the defendant.
Bias is Very Real
Only a fraction of motorcycle accidents are clear cut. Sometimes there is dashcam video or nearby security cameras which show what happened in black and white, but those are exceptions. Instead, many accidents involve a driver of a motor vehicle blaming a motorcyclist for contributing to the crash.
The driver might claim you were tailgating or that you made a turn directly in front of the car. They might even allege you were distracted or that you fell asleep and failed to drive carefully. These allegations might end up impeding your ability to receive compensation.
After an accident, the insurance companies involved will have a claims adjuster assigned to your case. This person sifts through the evidence and talks to witnesses. The at-fault driver’s claims adjuster is primarily responsible for negotiating a settlement.
Unfortunately, these insurance representatives might believe the other side’s story that you were negligent. Many of them think motorcyclists engage in dangerous activity and are probably to blame for a crash. Even if you were driving as carefully as possible, a claims adjuster might still think you contributed to the crash somehow.
This bias matters because of South Carolina’s comparative fault law. An accident victim is prohibited from seeking compensation if they are more at fault for the crash than the other side, and someone with less liability will see their compensation lowered:
- 50% responsible? You can still seek compensation, but your compensation is cut in half.
- 25% responsible? You receive 25% less in compensation than you would if you were blameless, to account for how your negligence contributed to the accident.
- 51% or more responsible? You are completely barred in South Carolina from seeking compensation.
Hire a motorcycle accident lawyer who can fight for your rights. Our lawyers know that insurance companies are skeptical when our client is a motorcyclist. For that reason, we spend extra time finding evidence to support our version of what happened. We can talk to extra witnesses, analyze physical evidence, and look for security camera footage. Then we make the strongest argument possible that you did not contribute to your accident.
Call Davis & Snyder Injury Attorneys to Schedule a Meeting
Motorcycle accident injuries are some of the most significant that our clients suffer. We realize you need compensation to cover the high costs of medical care, to say nothing of your normal monthly bills. Contact our law firm to schedule your free consultation with one of our Greenville motorcycle accident lawyers today.