When your life is turned upside down by a negligent driver, you probably expect insurance to be on your side. However, motorcycle crash survivors may find their claim denied over a technicality or for no apparent reason at all. But a denial isn’t the end of the road because a motorcycle accident attorney can help get you the compensation you deserve.
Denied Motorcycle Accident Claims in Missouri
Before deciding what to do about a denied claim, you need to know why the insurance company chose to issue a denial in the first place. The issue could be something fairly minor—you forgot to include certain details in the claim form. However, other problems could require an attorney’s help to resolve.
Why Motorcycle Accident Claims Are Denied in MO
Motorcycle enthusiasts face a certain level of stereotyping from the public—they’re sometimes seen as irresponsible and reckless, when this is not true. This type of bias can often affect insurance negotiations, too, and negatively impact your personal injury claim, even if you were not at fault.
The circumstances of your accident may not be covered by an insurance plan.
Bad faith denial
Insurance companies may use this tactic to avoid paying what is owed in the hopes you won’t complain or pursue the matter further.
Not seeking medical care quickly
Always visit the ER after any motorcycle accident, even if you don’t feel hurt. Sometimes, adrenaline released in the crash blocks pain, and you don’t feel it right away. Also, you want to initiate a paper trail on your injury.
If an adjuster can get you to admit some level of fault, even if only a very small amount, they can reduce what you are paid or deny paying you anything at all. It is critical to never provide a recorded statement to an insurance adjuster. Instead, allow your attorney to handle communication.
Paperwork with missing or incorrect information
Motorcycle accident claims can be complicated, and it's easy to make a mistake or fail to adequately show the other driver was at fault. That’s why it’s important to have an experienced legal professional go over your claim.
A pre-existing condition
Always speak to legal counsel first before allowing an insurance company to access all of your medical records. A previous health issue that has no bearing on your motorcycle injury could be used against you.
What to Do After a Denied Motorcycle Accident Claim
Even if your claim was denied, it’s still possible to receive a settlement from the insurance company with an appeal, or you can pursue compensation through a personal injury lawsuit. To protect your legal rights after a motorcycle collision claim is denied, be sure to:
- Ask the insurer to provide a reason for the denial in writing, so you have a clear record to reference.
- Assemble what evidence you can. Contact info for any eyewitnesses to the crash, doctor’s notes and other medical records, photos from the scene of the accident, and the police report can all be extremely helpful in a motorcycle injury claim.
- Talk to an attorney before filing an appeal with an amended claim form.
Ideally, you should retain a skilled motorcycle accident lawyer before dealing with an insurance company. An attorney is a crucial resource, especially if you’ve had your claim denied.
Whether you choose to appeal the insurance decision, file a personal injury lawsuit, or both, your lawyer will need to perform a rigorous investigation to find all the details necessary for your case. That process is also used to determine the best potential source of compensation such as the negligent driver, a bar that overserved the driver, the manufacturer of a faulty part, or someone else.
Damages You May Recover
- Hospital bills
- Lost income during recovery
- Non-economic damages such as pain and suffering
- Property damage to your motorcycle
- Surgery or physical therapy costs
Have You Been Injured In A Missouri Motorcycle Accident?
If you've been injured in a Missouri motorcycle accident you should speak with an experienced motorcycle accident lawyer as soon as possible. Please feel free to contact us online or call our office directly at 314.200.1229 to schedule a free consultation. We help car accident victims throughout the state of Missouri including Columbia, Springfield, Kansas City, St. Louis, Kirksville and Cape Girardeau.