5 Ways Big Insurance Try To Wreck Your Motorcycle Accident Claim
This is Hugh Howerton. I have been a motorcycle accident lawyer for 30 years and have never lost a motorcycle accident case. I don’t do that to brag but to give you confidence in what I’m telling you.
The lawyer you pick to represent you in a serious motorcycle accident better have actually gone to trial in a motorcycle accident case and won it. If not, then they don’t know how to defeat the arguments insurance lawyers use to blame the motorcycle rider for accident even when they are innocent.
Here are the tricks they pull.
- Feed On Prejudice That All Motorcycle Riders Are Gangs of Criminals
Some insurance lawyers want to conjure the idea in the minds of the jury that all motorcycle riders are gang members, speeding on dangerous bikes, high on drugs, looking to beat up innocent men and pillage innocent women. OK, that’s a little over the top but you’d be surprised at the really negative opinions I get from people about motorcycle riders when I’m picking a jury.
Insurance companies know there a certain segment of the population is prejudiced against motorcycle riders. The trick is to find these people, expose their beliefs and make sure they never end up on one of my client’s jury. You are not going to change their minds. You just need to make sure they never make it on the jury.
- Blame The Motorcycle Rider
Most of the motorcycle accident cases I have been involved with were caused by the motorist not yielding the right-of-way to my client. Clearly, motorcycle riders have the same rights as other motorists. One of the simple rules of the road is all drivers must yield the right-of-way. If you choose not to abide by the law then you are responsible to all the harms and losses that come to the innocent person you injured.
But insurance companies and their lawyers sometime try to blame the motorcycle rider. They do that in hopes of having to pay less money by getting the jury to find the rider partially negligent for the crash. Here are some of their tricks:
The rider was inexperienced in riding a motorcycle
The rider had a disability so they shouldn’t have been riding a motorcycle
The rider wasn’t wearing bright clothes
The rider wasn’t wearing a helmet
The rider didn’t have their mirrors adjusted properly
The rider didn’t lay the bike down in time
The rider didn’t keep their hands on the brakes
The rider didn’t make eye contact with the driver of the other car
(Here’s my favorite) The rider didn’t watch the tires of the car turn RIGHT before the driver turned in front of my client
(My other favorite) The rider did not watch the hood of the car dip which indicated it was slowing to make a turn
- The Rider Isn’t That Hurt
Insurance lawyers try to say you are not that hurt. They do that to convince the jury not to award a lot of money. It’s all about the money to them. Here are the arguments I see time and time again.
The rider didn’t go the ER by ambulance from the scene so they are not hurt
The rider didn’t seek medical treatment the day of the accident so they are not hurt.
The rider had a previous injury to the same body part injured in the crash.
The rider went too many times to the doctor to drive up the medical bills
The rider went to the doctor to few times therefore they are not hurt
The rider is faking his complaints of pain
The rider is a druggie because he is taking too may pain pills because he is in pain
The rider picked a hospital who charged too much for medical care
- The Insurance Company May Hire a PI To Videotape You
This does happen. It has happened to my clients. In a serious case the insurance company will hire a private investigator to follow you and take video. Hopefully, catching you doing something you say you can’t physically do. BEWARE
- The Insurance Company Will Stalk You On Social Media
This does happen. It has happened to my clients. They will stalk your social media accounts hoping to find pictures or post you put up both before and after the accident that make you look bad. BEWARE
DO NOT POST ANYTHING ABOUT YOUR ACCIDENT ON SOCIAL MEDIA
- Best Way To Beat The Insurance Company From Blaming You For The Accident?
Get a dash cam system for your motorcycle. I can’t tell you how persuasive an actual video of the crash makes to a jury. If a picture is worth a thousand words then a video should make it open and shut. No more “He said She said”
You want a system that records both in front and behind you. The one I like is MotoPro Cam. No, I get nothing for promoting that product. I think they are about $200, but if you ride a lot it’s a great investment.
Here is a link I found to buy one. Search out for yourself though.
I’m not a fan of Go-Pros for this task because the battery may die or the SD card may fill up right before you need it. Also, mounting one to your helmet might cause you neck problems.
Anyway, there you have it. I hope you learned something. Stay safe out there.
If you have any questions call me at 713.984.9848 or e-mail me at firstname.lastname@example.org