Dealing With Insurance After an Austin Motorcycle Crash

September 18, 2023 | By DJC Law Attorneys
Dealing With Insurance After an Austin Motorcycle Crash

Most people don't look forward to dealing with insurance companies, and doing so can become quite an ordeal after suffering injuries in any motorcycle accident.

Unfortunately, most insurance companies serve their own needs—making a profit and not serving and protecting their clients and those injured by their clients. It may seem like you are fighting a worthless battle. What is an injured party to do?

Contact an experienced Austin motorcycle accident attorney. This way, the insurance adjuster can't fool you with their tactics. You also have someone on your side who will fight for the full and fair compensation you deserve.

Why Dealing with Insurance Companies Yourself after a Motorcycle Crash is Risky

Insurance companies tend to complicate matters.


Because even though their primary business purpose is to fairly compensate motorcycle accident claims, doing so doesn't align with their financial objectives. Like any other profit-driven entity, they want to generate, not spend, revenue. The more they allocate to motorcycle accident claims, the less their coffers hold. To tackle this dilemma, they entice motorcycle accident victims into settling for less than their claims are truly worth.

A proficient Austin motorcycle accident attorney can identify and counteract these ploys.

So, how do insurance companies employ these strategies to mislead you? Here are some of their most prevalent and sadly successful tactics when injured parties don't have legal representation.

The Swoop and Settle Approach

Man riding motorcycle

Do insurance companies have a desire to expedite settlements? Absolutely, their motivations differ from yours. You want to settle swiftly to cover bills, compensate for lost income, and regain normalcy in your life.

Conversely, they aim to expedite settlements to preempt victims from consulting an experienced Austin motorcycle accident attorney who can accurately assess their case's value or to prevent them from fully comprehending the extent of their injuries.

As such, they tend to swoop in, often within days of an accident, with a quick offer, hoping you'll accept hastily. You won’t know their offer is considerably less than what you might secure with legal representation.

Reversing the decision is usually impossible once you agree and sign their proposal, so never agree to an insurer's settlement offer without consulting a motorcycle accident attorney.

Additionally, you can counter-offer their proposal and negotiate once you hire an attorney who identifies your claim's strengths and weaknesses. Many accident victims don’t know their rights and don't simply have to accept what the insurance company gives them.

The Recorded Statement Tactic

When an insurance adjuster contacts you to discuss the accident, they might request permission to record your statement and responses. They may present it as a requirement or insinuate that claim processing hinges on it. However, this isn't the case. You don’t need to consent to or provide a recorded statement. Instead, politely inform them you intend to confer with an attorney before proceeding.

By obtaining a recorded statement, insurers can manipulate your words against you.

They may ask leading questions like:

  • "You were on your phone, so you didn't see the vehicle approaching, correct?"
  • "You were driving home after a night shift, right?"

They might even distort your words. Enlisting an attorney to communicate with the insurance adjuster can maximize your claim.

Also note that just because you aren't providing a recorded statement doesn't mean you are free to say anything you want off the record. Don't confide in the insurance adjuster about anything; they can twist and use any statements against your claim. Unfortunately, the adjuster knows how to trick you into saying the wrong things.

They don't need to know you're going through a divorce, caring for an elderly parent, or struggling financially. Your difficulties may signal that you'll settle for less out of desperation.

The insurance adjuster and the insurance company's attorneys can even blame you for the accident, saying that you need the financial recovery due to your financial or other struggles.

However, hiring a well-versed Austin motorcycle accident as soon as possible after learning of your injuries can decrease the risk of being taken advantage of by the insurance adjuster or company.

Delays in Processing Your Claim

Another common tactic employed by auto insurance companies is to delay claims deliberately. You promptly filed your injury claim following the accident, yet you see no progress. When you inquire about the claim's status, the adjuster provides evasive responses or excuses.

The insurance company intends you to grow weary of waiting, forget about the claim, and either move on or accept a reduced settlement. However, legal representation won’t allow such delays to go unchecked. Your attorney will prevent unwarranted hindrances.

Requesting Unrelated Medical Records

While the insurance company is entitled to review medical bills and records to confirm reimbursement amounts, they don't automatically have the right to access medical records predating the motorcycle accident.

The problem with them getting these records is that acquiring such information enables them to potentially exploit it against you. For instance, if they obtain records of a previous back injury, they might contend that your present pain and symptoms aren't due to the recent accident but rather stem from the prior ailment. This tactic aims to undermine or diminish your claim's value.

The adjuster might also demand redundant information or records they already possess, causing further delay.

When you hire an Austin motorcycle accident attorney, you can shield yourself from all the strategies insurance companies use to devalue or deny injury claims. In fact, the sooner you have legal representation, the better.

What is Insurance Bad Faith?

Federal and state statutes govern the actions of insurance companies. No insurance carrier is above the law; by law, they must treat their insured and claimants with good faith and fair dealing.

For instance, insurance laws cover:

  • What types of information they can request from their insured or the claimant
  • The timeframe in which insurance companies must respond to a filed claim
  • Reasons why they can deny a claim
  • How they must adhere to their contracts
  • How companies must manage appeals and disputes

These types of laws give innocent consumers rights and protect them against insurance companies that can be unethical and greedy.

To avoid acting in bad faith, insurance companies must:

  • Communicate promptly with the claimant throughout the claim's duration
  • Defend their insured party if another party pursues an accident liability claim against them
  • Acknowledge the receipt of a claim, investigate the claim, and approve or deny it within a realistic amount of time, which is usually per state law
  • Settle claims promptly, fairly, and reasonably
  • Give detailed reasons for denied claims

Bad faith insurance tactics include:

  • Telling the claimant they don't need to speak with an attorney
  • Refusing reasonable requests for documentation
  • Offering less money than a claim is worth
  • Denying a claim without giving a reason
  • Making threatening statements
  • Misrepresenting the law or policy language

Claimants who suspect an insurance company isn't acting in good faith and fair dealing must consult an attorney as soon as possible to protect their rights.

Why Hire a Lawyer to Handle Your Motorcycle Accident Claim?

Hiring a lawyer to handle your motorcycle accident claim can significantly improve the outcome of your case. Motorcycle accident cases present complex, unique challenges and risks compared to typical car accidents.

Here's why you want to enlist a skilled Austin motorcycle accident lawyer:

Knowledge and Experience

Motorcycle accidents involve distinctive legal and technical aspects that set them apart from car accidents. An experienced motorcycle accident lawyer possesses specific knowledge of motorcycle laws & safety standards, regulations, and the mechanics of motorcycles, and can accurately assess liability, understand the nuances of your case, and build a strong argument tailored to motorcycle-related issues.

Understanding of Insurance Tactics

As you've already discovered, insurance companies often employ tactics to minimize payouts or deny claims altogether. A seasoned Austin motorcycle accident attorney understands these tactics and can navigate the complexities of dealing with insurers. They have the skills to negotiate effectively with insurance adjusters and protect your rights throughout the process.

Comprehensive Case Evaluation

Your attorney will conduct a thorough investigation to gather evidence, including:

  • Accident reports
  • Witness statements
  • Medical records
  • Expert opinions

This comprehensive evaluation establishes the true extent of your injuries, damages, and losses. They can accurately calculate the compensation you deserve, including medical expenses, property damage, lost income, pain and suffering, and more.

Building a Strong Case

Constructing a compelling case requires legal insight and strict attention to detail. A motorcycle accident lawyer will gather evidence, interview witnesses, analyze accident reconstruction reports, and collaborate with experts if necessary. This meticulous approach strengthens your case and increases the likelihood of a favorable outcome.

Dealing with legal procedures, paperwork, and negotiations can be overwhelming, especially when recovering from injuries. A lawyer acts as your advocate, handling all legal aspects of your claim. They represent you every step of the way, allowing you to focus on your medical recovery without the stress of a long insurance claim to-do list. While the insurer is not on your side, your injury attorney will fight for your interests alone.

Maximizing Compensation

A primary goal of hiring a lawyer is to secure the maximum compensation possible. Attorneys understand how to assess the full scope of your economic and non-economic damages and pursue appropriate compensation for your pain, suffering, emotional distress, and other intangible losses. They can employ many different strategies to increase your financial recovery after a motorcycle accident.

Trial Readiness

While many cases are settled out of court, having a lawyer ready to take your case to trial if necessary is crucial. Insurance companies are more likely to negotiate fairly when they know you have strong legal representation ready to present your case in court if you cannot reach a fair settlement.

Contingency Fees

Many motorcycle accident attorneys work on a contingency fee basis. This means you only pay legal fees if your lawyer successfully secures compensation for you. This arrangement eliminates upfront costs and financial stress while ensuring that your lawyer will work tirelessly to achieve the best possible outcome for your case.

Hiring a lawyer to handle your motorcycle accident claim offers numerous advantages. Their knowledge, negotiation skills, ability to build a strong case, and commitment to maximizing your compensation make them invaluable during this challenging time. With a dedicated attorney by your side, you can focus on healing while they fight for the justice and compensation you deserve.

Did You Suffer Injuries in a Motorcycle Accident? Don't Succumb to Insurance Company Tactics; Opt for a Competent Attorney Instead

The best way to deal with the insurance company after a motorcycle accident is to hire an attorney and let them communicate and act on your behalf. If the insurance adjuster ever needs to speak directly with you, your attorney will be present to protect your rights.

Hiring an attorney sends a message to the insurance company that you are serious about getting full and fair compensation for your damages. The insurance company is also much less likely to attempt to use unfair tactics to devalue or deny your claim under the watchful eyes of your attorney.

Whenever an insurance company can exploit existing or potential vulnerabilities in your case or manipulate your statements, they can weaken your position and coerce you into a less favorable settlement.

Engaging a skilled personal injury attorney in Austin empowers you to sidestep these insurance company tactics and secure the rightful settlement for your injuries and damages.