If the insurance company denies your motorcycle accident claim, you are not without options for recovering compensation. You may want to enlist the help of a Dallas motorcycle accident lawyer. A legal professional can work to strengthen your claim for damages, aggressively negotiate on your behalf, and pursue a lawsuit in civil court if necessary.
What to Do About a Denied Motorcycle Accident Claim
If you or your loved one suffered a motorcycle crash injury due to someone else’s negligent actions, you deserve compensation for your medical expenses and other losses. You can recover your damages by filing a liability auto insurance claim against the at-fault party who caused the collision.
However, getting the money you need can take time and effort—even with a clear-cut case. Insurance companies increase their profits by keeping claims payouts as low as possible. Therefore, insurers often seek reasons to deny an initial motorcycle accident claim or offer a lowball settlement. In addition, some insurers play hardball or engage in bad-faith tactics.
Fortunately, you do not have to accept claim denials or payouts that do not provide adequate compensation. You can present new (or stronger) evidence to support your claim and negotiate for fair and full financial awards. If you still cannot agree, you can sue the insurance company (or an at-fault party) in civil court. A personal injury lawyer can guide you through this process.
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Reasons for Motorcycle Collision Claim Denials
An insurance company might give many reasons for denying your motorcycle accident claim.
The insurance company might refuse to settle your claim in any of these situations:
- The insured party (i.e., their client) was not the person driving at the time of the accident.
- The policy does not include the vehicle involved in the crash.
- The policy is not up to date.
- The covered party was driving drunk or without a license when they caused the wreck.
An insurance company may deny coverage of your medical bills for these reasons:
- The insurer alleges your injury did not occur in the crash but is a pre-existing condition.
- The insurance company claims your injuries worsened due to your actions or a delay in seeking treatment.
The adjuster may also dispute the value of your medical expenses, including estimates regarding ongoing treatment or future care needs.
Disputes Over Liability
The insurance company will only pay your claim if you can prove their client caused the motorcycle accident. In addition, insurers may try to reduce their financial liability by pinning some of the blame on you.
Under Texas’s proportionate responsibility law (Texas Civil Practice and Remedies Code § 33.001), any degree of fault assigned to you will reduce your compensation by that percentage. Moreover, you cannot recover damages if you are more than 50 percent responsible.
Delays Filing Your Claim
If you did not promptly file your motorcycle accident claim, the insurance company could use that delay as grounds for a denial.
How Can You Strengthen Your Motorcycle Accident Case?
Consider hiring legal representation if the insurance company denies your motorcycle accident claim. Our law firm will use its professional knowledge and case experience to investigate your crash and build a more robust claim using the available evidence.
We will act as your advocate and aggressively negotiate for the maximum compensation possible. If necessary, we will prepare your case for court and pursue your damages with a personal injury lawsuit. While we work to resolve your claim, you can turn your time and energy toward what is most important—your health and family.
Our legal team will:
- Obtain medical records, police reports, witness statements, expert testimony, video footage, and other evidence to support your claim and prove a liable party acted negligently.
- Protect your rights, push back against bad-faith insurance tactics, and defend you from allegations designed to reduce or deny your settlement.
- Identify and calculate your damages so you do not leave money on the table.
- Communicate with involved parties and aggressively fight for every cent owed.
- Pursue a lawsuit and represent you at trial if we cannot achieve an advantageous resolution outside court.
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Compensation You Can Recover With a Successful Motorcycle Wreck Claim
You can recover economic and noneconomic damages with a successful motorcycle accident claim. Compensation may include the following:
- Medical bills, including ambulance transportation, emergency department treatment, surgeries, hospital stays, rehabilitation services, long-term nursing, and ongoing care.
- Lost income, including back pay, employment benefits, and loss of your future earning capacity if your injuries prevent you from performing your previous job or returning to the workforce.
- Motorcycle repair costs or your vehicle’s fair market value if the insurer declares your vehicle a total loss.
- Physical pain and suffering, including loss of mobility, loss of bodily function, scarring, disfigurement, and severe or chronic pain.
- Mental and emotional distress, including loss of enjoyment of life.
- Wrongful death of a loved one, including medical expenses, funeral and burial costs, and loss of the deceased’s income, support, and services.
How Long Do You Have to Settle Your Motorcycle Accident Claim?
Texas Civil Practice and Remedies Code § 16.003 allows two years from the accident date to file a personal injury or wrongful death lawsuit in Texas’s courts. If you do not, the court will not accept your case, and you will no longer have legal leverage over the insurance company to resolve your claim.
Contact Loncar Lyon Jenkins About Your Motorcycle Accident Claim or Lawsuit
If the insurance company denies your motorcycle accident claim, it is not the end of the line. You can fight back against the decision, and a motorcycle accident lawyer with Loncar Lyon Jenkins can guide you every step of the way.
Call in the Strong Arm and let the insurance company know you will not back down or accept less than you deserve. Contact us 24/7 to schedule your free consultation and connect with a Texas personal injury attorney near you. We take cases on contingency, so our services cost nothing upfront or out of pocket.