Whittier Motorcycle Accidents: Why Motorcycle Injury Claims Get Undervalued and How to Push Back
Motorcyclists are at greater risk of severe injuries than car occupants in accidents. Despite that, their claims are often undervalued and delayed by insurance companies. If you’ve been injured in a motorcycle crash in Whittier, you may have already seen how insurance companies try to minimize victims’ injuries and the value of their claims. Understanding why motorcycle injury claims are undervalued and how to fight back can be helpful. That’s where a California motorcycle accident attorney comes in.
At the Law Offices of Robin D. Perry & Associates, we advocate aggressively for injured victims who are being given the runaround by insurance companies. Robin D. Perry, Esq. has spent more than two decades representing clients injured by others’ negligence. Find out how our motorcycle accident law firm can help you now. Call us at 562-216-2944 now.
Why Motorcycle Accident Claims Are Often Undervalued
One of the biggest obstacles riders face is societal bias. Even though many motorcycle accidents are the result of drivers failing to watch for riders, failing to yield, and otherwise driving recklessly, a surprising number of people still believe that riders are responsible for most (if not all) accidents. This bias bleeds into insurance claims. Adjusters may assume that a motorcyclist is responsible from the very beginning, and overcoming that assumption can be hard.
Additionally, the severity of many motorcycle accident injuries can trigger more pushback, not less. When riders suffer traumatic brain injuries, spinal damage, fractures, and severe road rash, they may be looking at a lifetime of ongoing medical care and chronic pain. Rather than accepting those costs and paying out, insurance companies dig deeper to look for ways they can offer less money. They may ask if treatment was necessary, if treatment is taking too long, or if injuries are really as severe as they seem. You can get ahead of this by talking to a motorcycle accident lawyer.
How California Law Impacts Motorcycle Accident Compensation
California is a pure comparative negligence state, which means that you can still recover compensation even if you are partially at fault. Your compensation is simply reduced by your share of liability. So if you have a claim worth $100,000 and you’re found to be 10% at fault, your compensation would be reduced to $90,000.
While this rule does benefit consumers, it also gives insurance companies room to further decrease their settlement offers by trying to shift more and more blame to the victim. Every percentage point they can attribute to your actions represents thousands of dollars they don’t have to pay.
Helmet laws may also come into play here. California law requires riders to wear compliant helmets. Your compensation may be reduced if your failure to wear a helmet contributed to your injuries. But the good news is that not wearing a helmet doesn’t bar you from bringing a claim against the at-fault party.
Pushing Back Against a Low Motorcycle Injury Settlement
The most efficient way to counter a low offer from an insurance company is to provide solid, consistent evidence—often with the help of a motorcycle accident attorney. Seeking medical care immediately after an accident can help link your injuries to the crash and show your commitment to recovering. Consistent medical records can show the severity of your injuries and back up your claims.
You should also document everything. Medical bills, medical reports and screenings, proof of missed work, and documentation of how your daily life has been affected can all make it harder for insurance companies to offer you a low settlement.
It’s also important to prove liability. Witness statements, police reports, and video footage can help you protect yourself from the insurance company pushing more than your fair share of liability onto you. Working with a motorcycle accident lawyer makes it much easier to keep track of this evidence and use it effectively.
Choose the Law Offices of Robin D. Perry & Associates for Your California Motorcycle Accident Case
Our California motorcycle accident law firm is here to help you fight for compensation after a collision. Our knowledge of Whittier roads, local traffic patterns, and insurance company tactics allows us to build the strongest case possible for you. Schedule a consultation now by calling us at 562-216-2944 or contacting us online.
Attorney Robin D. Perry has been part of the Long Beach Community for over 25 years handling business litigation, employment litigation and advising, criminal defense, personal injury and code enforcement defense for businesses.
