Some of the best and most experienced riders know that laying down your motorcycle to avoid an accident or with a negligent driver or minimize the impact is an act of control and great safety technique. Nevertheless, you may be shocked to know that when you do so, you may be asking for a denial of your insurance claim.
That’s right, most insurance adjusters who work for the major insurance companies are actually trained to deny claims of motorcyclists who lay down their bikes to avoid a collision on the theory that you lost control of your motorcycle – not that the other driver was negligent and at fault.
This counterintuitive and bad insurance claim practice typically has nothing to do with the circumstances surrounding your accident, or the actions of you or the other driver. Rather, because insurance companies are in the business of making money which necessarily involves reducing the amount insurers pay out and denying claims altogether, insurance company supervisors advise their adjusters to deny these types of claims. For this reason, if you laid down your motorcycle to avoid or minimize a car accident, you should consult with a knowledgeable personal injury attorney right away.
In these cases, your attorney will know the right questions to ask your insurance adjuster(s) and their supervisors. This line of questioning revolves around the knowledge adjusters and supervisors have with riding or operating a motorcycle, safety techniques employed by cautious motorcyclists and the specific state requirements for obtaining a motorcyclist’s license. Unsurprisingly, most adjusters and supervisors are unfamiliar with these regulations and are unable to provide intelligible answers. This will work to your advantage.
First, by eliciting this testimony from insurance provider employees, it will become evident that the investigation into your insurance claim is not credible and at best, incomplete. If the insurance company realizes the error in its ways prior to your filing a lawsuit, then the insurer will be far more likely to revisit your claim and approve it.
Second, in the event the insurance company continues to baselessly deny your claim, your attorney can make a time limited demand for policy limits or an Offer of Judgment. If the insurance company does not respond appropriately you may be able to recover damages in excess of the policy limits which would otherwise effectively limited your recovery, or hold the insurer responsible for your attorney fees and expenses of litigation.
As you can see, paying your attorney on a contingency fee basis can be advantageous. Though the percentage you will have to pay your attorney will differ depending on the type of case, 33 1/3%-40% is common. This amount can be higher or lower, depending on the complexity of your case or whether there is a likelihood of resolving the case before trial.
If you or a loved one has been injured in any type of accident, you need the help of a qualified personal injury lawyer who will fight for your rights and the compensation you deserve. The experienced personal injury attorneys at Murphy & Garner, LLC, have years of experience representing personal injury victims and we will fight for the compensation you deserve and need to recover from your injuries.