As experienced motorcycle accident lawyers at Rosenberg & Gluck LLP, we’ve witnessed firsthand how insurance companies can mistreat motorcyclists during claims processes.
Despite motorcyclists having the same rights on the road as other vehicles, they still face unwarranted prejudices and biases that can impact their ability to receive compensation after an accident.
Understanding the Scope of Anti-Motorcycle Bias
Insurance companies often harbor preconceived notions about motorcyclists. These biases typically stem from common misconceptions and stereotypes about motorcycle riders, including:
- The assumption that all motorcyclists are reckless or aggressive drivers
- A belief that motorcyclists routinely break traffic laws
- The perception that choosing to ride a motorcycle is inherently dangerous and therefore riders assume the risk
- An unfounded correlation between motorcycle ownership and criminal or anti-social behavior
- The misconception that motorcyclists are usually at fault in accidents with larger vehicles
These biases can manifest in many ways throughout the claims process, from initial reporting to final settlement offers. Insurance adjusters may demonstrate these prejudices through investigation methods, liability determinations, and compensation calculations.
New York State Motorcycle Laws and Requirements
Understanding New York’s specific motorcycle laws can help combat insurance company bias:
Registration and Licensing Requirements
- Valid motorcycle license (Class M or MJ) required
- Completion of a Motorcycle Safety Foundation (MSF) course recommended
- Annual vehicle registration and inspection
- Proof of insurance meeting state minimum requirements
- Riders under 18 years old must get a motorcycle learner permit and ride under specific restrictions
Equipment Requirements
- DOT-approved helmet mandatory
- Passengers must also wear a DOT-approved helmet
- Passengers must be seated on a designated passenger seat
- Working headlight, taillight, and brake light
- Working turn signals
- Adequate brake systems
- Proper exhaust system
- Rearview mirrors
Insurance Requirements
- Minimum liability coverage:
- $25,000 for bodily injury (per person)
- $50,000 for bodily injury (per accident)
- $10,000 for property damage
- Additional coverage options:
- Comprehensive coverage
- Collision coverage
- Uninsured/underinsured motorist coverage
- Medical payments coverage
The Real Statistics Behind Motorcycle Accidents
To help counter these biases, it’s important to understand statistics regarding motorcycle accidents and rider behavior:
Accident Causation
- According to the National Highway Traffic Safety Administration (NHTSA), in multiple-vehicle crashes, the other vehicle violates the motorcycle’s right-of-way in approximately two-thirds of accidents
- Most motorcycle accidents occur because other drivers fail to see the motorcycle or misjudge its speed and distance
- Weather conditions account for a relatively small percentage of motorcycle accidents compared to driver error
How Insurance Bias Affects Claims
Insurance company bias can negatively impact motorcycle accident claims in several ways:
1. Initial Response and Investigation
- Delayed response to claims involving motorcyclists
- Presumption of motorcyclist fault before completing a thorough investigation
- Selective evidence gathering that focuses on finding motorcyclist liability
- Dismissive treatment of witness statements supporting the motorcyclist
2. Liability Determination
- Rushed conclusions about fault without considering all factors
- Overemphasis on motorcycle speed or lane position
- Failure to properly consider the other driver’s responsibility
- Inappropriate application of comparative negligence
3. Damage Assessment
- Undervaluation of property damage
- Minimization of injury severity
- Questioning the necessity of medical treatment
- Disputing long-term effects of injuries
4. Settlement Offers
- Low initial settlement offers
- Pressure to accept quick settlements
- Threats of claim denial
- Delayed response to counteroffers
Types of Damages Available in Motorcycle Accident Cases
Economic Damages
- Medical Expenses
- Emergency room care
- Hospital stays
- Surgeries
- Physical therapy
- Rehabilitation
- Medications
- Future medical care
- Lost Income
- Missed work time
- Reduced earning capacity
- Lost business opportunities
- Lost benefits
- Future income loss
- Property Damage
- Motorcycle repair or replacement
- Damaged gear and equipment
- Modified vehicle accommodations
- Rental vehicle expenses
Non-Economic Damages
- Pain and Suffering
- Physical pain
- Emotional distress
- Mental anguish
- Loss of enjoyment of life
- Permanent Disability
- Physical limitations
- Cognitive impairments
- Disfigurement
- Scarring
- Loss of Consortium
- Impact on relationships
- Loss of companionship
- Family dynamic changes
Strategies for Overcoming Insurance Company Bias
1. Thorough Documentation
The key to combating insurance company bias starts with comprehensive documentation:
- Detailed photographs of:
- All vehicle damage
- The accident scene
- Road conditions
- Traffic signals or signs
- Skid marks or debris
- Visible injuries
- Medical records and ongoing treatment documentation
- Witness statements and contact information
- Police reports and official documentation
- Maintenance records showing proper motorcycle upkeep
- Riding history and safety course certifications
- Video footage if available (traffic cameras, dashcams, security cameras)
2. Professional Investigation
Working with qualified professionals can help build a strong case:
- Accident reconstruction experts
- Motorcycle mechanics
- Medical specialists
- Traffic safety experts
- Economic loss analysts
- Life care planners
3. Legal Representation
Having experienced legal representation is crucial for:
- Protecting your rights throughout the claims process
- Ensuring fair treatment by insurance companies
- Building a compelling case supported by evidence
- Negotiating appropriate settlements
- Litigating when necessary
Local Motorcycle Safety Resources
Training and Education
- New York Motorcycle Safety Program
- Basic rider courses
- Advanced rider courses
- Refresher training
- Specialized skills workshops
- Local Motorcycle Organizations
- Safety awareness events
- Group rides
- Mentorship programs
- Community outreach
Equipment and Maintenance
- Certified Inspection Stations
- Annual safety inspections
- Equipment compliance checks
- Maintenance recommendations
- Approved Safety Gear Providers
- DOT-certified helmets
- Protective clothing
- Visibility equipment
- Safety accessories
Common Insurance Company Tactics and How to Counter Them
1. Delayed Response
Tactic: Insurance companies may deliberately delay claim processing, hoping motorcyclists will become desperate and accept lower settlements.
Counter:
- Document all communication attempts
- Set reasonable but firm deadlines
- Submit all documentation via certified mail or email
- Keep detailed records of claim progress
- Consider legal action if delays become excessive
2. Disputed Liability
Tactic: Insurers may attempt to shift blame to the motorcyclist, even without supporting evidence.
Counter:
- Gather independent witness statements
- Obtain expert analysis of accident scene
- Preserve physical evidence
- Document road and weather conditions
- Maintain detailed maintenance records
3. Minimized Injuries
Tactic: Insurance adjusters might downplay injury severity or question medical treatment necessity.
Counter:
- Keep detailed medical records
- Follow all treatment plans
- Document recovery progress
- Obtain expert medical opinions
- Track all expenses and lost wages
- Document lifestyle impacts
4. Pressure Tactics
Tactic: Adjusters may use high-pressure tactics to force quick, low settlements.
Counter:
- Avoid recorded statements without legal representation
- Don’t sign any documents without review
- Keep detailed notes of all conversations
- Resist pressure to settle quickly
- Understand your rights and claim value
Choosing the Right Motorcycle Insurance Coverage
Recommended Coverage Types
- Liability Insurance
- Higher limits than state minimums
- Protection against lawsuits
- Coverage for passengers
- Collision Coverage
- Repairs or replacement
- Custom parts and equipment
- Diminished value claims
- Comprehensive Coverage
- Theft protection
- Vandalism coverage
- Natural disaster damage
- Fire damage
- Additional Protections
- Uninsured/underinsured motorist coverage
- Medical payments coverage
- Roadside assistance
- Rental reimbursement
- Add-on medical coverage
Protecting Your Rights Throughout the Claims Process
1. Initial Steps After an Accident
Take these immediate actions to protect your rights:
- Get checked out by a doctor
- Report the accident to law enforcement
- Obtain witness information
- Notify your insurance company
- Contact a motorcycle accident attorney
2. Ongoing Documentation
Keep detailed records of:
- Medical treatments and expenses
- Lost wages and work impacts
- Property damage and repairs
- Pain and suffering
- Lifestyle changes
- All communication with insurers
3. Professional Support
Build a strong support team including:
- Legal representation
- Medical professionals
- Financial advisors
- Mental health professionals if needed
Legal Options When Facing Insurance Bias
1. Insurance Bad Faith Claims
If an insurance company demonstrates unfair bias, consider:
- Filing a bad faith claim: This involves asserting that the insurance company has intentionally or recklessly failed to fulfill its contractual obligations.
- Reporting to state insurance regulators: Contact your state’s insurance department to lodge a formal complaint. They can investigate the insurer’s practices and potentially take disciplinary action.
- Seeking punitive damages: In some cases, if the insurer’s behavior is particularly egregious, you may be able to seek punitive damages. These damages are designed to punish the insurer and deter future misconduct.
- Documenting all instances of unfair treatment: Keep a record of all communications, correspondence, and interactions with the insurer. This documentation will be necessary when you decide to pursue legal action.
2. Litigation
When settlement negotiations fail, litigation may be necessary:
- Filing a formal lawsuit: If negotiations fail, you can file a lawsuit against the insurance company. This involves drafting a complaint outlining your claims and serving it on the insurer.
- Discovery process: This stage involves the exchange of information between both parties.
- Court proceedings: If the case cannot be resolved through settlement, it will proceed to trial. This involves presenting evidence, arguing your case before a judge or jury, and listening to the judge’s decision or the jury’s verdict.
- Appeals if necessary: If you are dissatisfied with the court’s ruling, you may have the right to appeal the decision to a higher court.
Remember: Insurance law can be complicated, which is why you need to consult with an experienced attorney to discuss your specific situation and explore the best legal options.
Handling Insurance Company Biases Against Motorcyclists: Final Thoughts
Insurance company bias against motorcyclists remains a challenge in accident claims. However, with proper documentation, professional support, and experienced legal representation, these biases can be overcome.
At Rosenberg & Gluck LLP, we know the challenges motorcyclists face and are committed to making sure our clients receive fair treatment and appropriate compensation for their injuries and losses.
Our case results demonstrate our ability to secure favorable outcomes for our clients. From our knowledge of New York motorcycle laws to our detailed approach to case preparation, we have the resources and experience to protect your rights.
Get in Touch With a Motorcycle Accident Lawyer Today
If you are facing insurance company bias, contact Rosenberg & Gluck LLP, a trusted personal injury lawyer, for a free consultation. Let us help you with the claims process and achieve the best possible outcome for your case.
Remember, insurance companies have a legal obligation to handle claims fairly and in good faith. With proper legal representation and a thorough understanding of your rights, you can successfully overcome insurance company bias and receive the compensation you deserve.
