If your motorcycle accident was clearly caused by a negligent driver, you might expect their insurance company to do the right thing and pay you the compensation you deserve for your injuries. However, you need to be prepared for the fact that they could deny you—even if you have a strong claim.
When you understand the tactics insurance companies use to avoid paying claims, you will know what your next steps should be to fight for the compensation you are entitled to under Kansas or Missouri law.
Common Excuses Insurance Companies Use to Deny Motorcycle Accident Claims
There are many excuses that the at-fault driver's insurance company could use to deny your claim. Here are some we often see when helping our motorcycle accident clients.
Many people—including insurance adjusters—stereotype motorcycle riders as reckless and accident-prone. While they may not come out and admit this, it could be an underlying reason your claim was denied. You may have to fight longer and harder to convince them to offer you a fair settlement.
Delayed Medical Care
If you did not receive prompt medical care, the insurance adjuster could use this to argue the following to justify denying your claim:
- Your injuries were caused by another incident.
- Your injuries are not very serious, or you would have been examined by a doctor immediately after your motorcycle crash.
While it is always best to be seen by a physician within 48 hours of a motorcycle collision—even if you do not think you were hurt—failing to do so does not mean that you did not suffer severe injuries or that you should not be compensated for your losses. Our legal team will collect the evidence you need to dispute this argument by the insurance company.
If your medical records show that you had a previous injury that is similar to your current one, the insurance company could argue that they are not responsible for compensating you. However, this is not a legitimate reason to deny your claim.
Disputes About Liability
The insurance company could also claim that you were the negligent party who caused your crash. If your claim was denied for this reason, you might need to collect additional evidence, such as witness statements and an accident reconstruction expert report, to prove that they are wrong. Even if you were partially to blame for the collision, you could be entitled to some compensation under Kansas or Missouri comparative negligence laws.
Lack of Coverage
The insurance company could deny your claim for other reasons associated with the negligent driver's insurance policy. They can include:
- The insurance policy had lapsed due to nonpayment of premiums or was canceled by the insurance company prior to your accident.
- The driver to blame for your crash was excluded from coverage under the policy.
- The insurance policy is insufficient to fully compensate you. This is technically not a denial. However, the insurance company is only obligated to pay you up to the policy limits—which could be far less than what you should receive for your injuries.
If your claim is denied for one of these reasons, you need the help of an experienced motorcycle accident attorney to review the insurance policy to determine if the insurance adjuster is telling the truth and to explore other avenues of compensation for you, such as coverage under your motorcycle insurance policy.
Have You Been Injured in a Kansas City Area Motorcycle Accident?
If you've been injured in a motorcycle accident, you need to speak with an experienced motorcycle accident lawyer as soon as possible. Contact us online or call our Kansas City office directly at 816.471.5111 to schedule your free consultation.