If you were injured in a motorcycle accident caused by another motorist, you might be shocked to find out that their insurance company denied your claim for compensation for the injuries you suffered. Unfortunately, insurance companies often deny these claims.
However, you do not have to accept their decision. Here are four steps you can take to obtain the damages you deserve under Missouri or Kansas law.
#1: Demand an Explanation for the Denial
Your first step should be to ask the insurance adjuster to give you the reason for the denial of your claim in writing. You cannot know what steps you need to take until you know why they are refusing to pay you. Common reasons for this decision include:
- They claim you were at fault in causing the accident.
- If you delayed receiving medical treatment, they might argue that your injuries were caused by another incident or that they are not very serious.
- You have insufficient evidence to prove the other driver's negligence in causing your motorcycle accident.
- You have a pre-existing medical condition.
- You received unnecessary medical treatment.
- The negligent driver did not have an insurance policy with them or allowed it to lapse.
#2: Obtain Additional Evidence
Once you know why your claim was denied, you can obtain additional evidence to disprove the reason for the denial. For example, if they claim that you were the negligent party, you may need to hire an accident reconstruction expert or submit photos and videos taken at the crash scene to establish how your motorcycle crash happened.
#3 Retain an Attorney
Another crucial step to take right away is to retain an experienced motorcycle accident lawyer. They can demand a written explanation of why your claim was denied and collect the evidence you need to prove that the insurance company's decision was wrong. The insurance adjuster is much more likely to settle your claim for what you deserve if you have an attorney at your side.
#4: File a Lawsuit
If your lawyer cannot convince the insurance company to offer you a fair settlement, you will need to file a lawsuit against the negligent driver and litigate your case. It is important to file your complaint before the statute of limitations, which is the deadline you have to sue, expires under Kansas or Missouri law.
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.