If insurance denies your motorcycle accident claim, you may be able to amend your claim and file an appeal. Depending on the reason the insurance company denied your motorcycle accident claim, you may just need to provide additional evidence or correct errors on your claim. It is not uncommon for insurers to deny claims for minor errors in an effort to reduce payouts.
Our legal team can review your claim and denial notice to determine what steps we can take to file an appeal in your case and continue your pursuit of financial compensation. We can also review your insurance policy to see if you have bodily injury liability coverage or other collision coverage to cover damages in your accident. Otherwise, we may discuss other routes to demand compensation.
Why an Insurance Company Might Deny Your Motorcycle Accident Claim
Some common reasons why an insurance company might deny your motorcycle accident claim include:
- You did not include enough evidence or information to support your claim: The insurance company will conduct its own investigation into your motorcycle accident to determine liability. If your claim has a lack of evidence to prove that the other party caused your injuries, the other party’s insurer may deny liability on those grounds. You may have to collect additional evidence, such as video footage or medical records, then file an appeal.
- The value of your damages may exceed policy limits: One of the steps our team will take is to review the relevant insurance policies, whether you’re filing a claim with your or the defendant’s insurer. This is crucial because, depending on what policies were purchased, the insurer might deny your claim if you have insufficient coverage for the damages you’re claiming.
- Your percentage of fault is greater than 50 percent: Some states, like Florida, follow a comparative negligence rule (Florida Statutes § 768.81), which dictates that plaintiffs who have a percentage of fault greater than 50 percent are barred from collecting damages. An insurer may deny your claim if it discovers evidence that shows you contributed to the cause of your injuries. You may need to dispute these points and provide evidence that shows the other party caused the motorcycle accident that led to your injuries.
If you decide to hire a personal injury lawyer to represent you, our attorneys can advocate for your right to financial recovery. They can negotiate with the insurance company on your behalf and fight to protect your case from any claims about partial blame.
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How a Personal Injury Lawyer Can Counsel You on an Accident Claim
Hiring a motorcycle accident attorney can serve as a resource for you since they will know what to expect from the insurance claims process and advise you on case decisions. For example, if one of our lawyers helps you file an appeal on your claim and succeeds in negotiating a settlement agreement, they can advise you on whether you should accept a lump-sum settlement or opt for a structured settlement.
Other aspects of your case you may receive legal counsel on include:
- Whether you should file a personal injury lawsuit
- Whether you should file multiple claims/lawsuits if more than one liable party exists for your motorcycle accident case
- What your options might be if your case involves a hit-and-run driver
- Whether you should accept a settlement offer based on the value of your damages
- What to say when an insurance adjuster calls you for a statement
Our legal team will be dedicated to preparing your case, which also means catering to preparing you on what to anticipate as your claim moves forward. We will update you each step of the way and be available for contact should you have additional questions about your case.
You May Be Entitled to Recover More Compensation Than What Insurers Offer
Our law firm has helped clients win six- and seven-figure settlement deals and verdicts for their accident injury cases. If you or a loved one was injured in a motorcycle accident, you may qualify to receive compensation through an insurance claim. However, when filing an insurance claim, you cannot give an arbitrary number you intend to seek from the insurance company.
Instead, you will have to draft a demand letter that shows an itemized list of your damages and their approximate values. The total amount will be your goal for compensation, but it could vary depending on how negotiations go. The following are some examples of damages you might claim:
- Costs for past and future medical treatment
- Costs for repairs on your motorcycle or its actual cash value if it was totaled
- Pain and suffering and inconvenience
- Permanent disability or disfigurement
- Income loss, including future income you expect to lose if you are still recovering or have a long-term injury
- Emotional distress, including psychological trauma caused by the accident
- Diminished quality of life
You may claim other damages not mentioned in this article, as each motorcycle accident case is unique to the individual claiming damages. Additionally, if you lost a loved one in a motorcycle accident, you may qualify to file a wrongful death action on their behalf and pursue damages related to their passing, such as costs for funeral services or loss of consortium. Our legal team will guide you through the difficult process if so.
Call Today to Get a Free Case Review by Chalik & Chalik Injury Lawyers
If insurance denies your motorcycle accident claim, that does not mean you cannot continue pursuing compensation. A motorcycle accident lawyer from Chalik & Chalik Injury Lawyers can serve as your legal representative and guide you through the claims process. We can help you file an appeal after preparing your claim, then advocate for your right to pursue financial compensation. If necessary, we may advise you to file a lawsuit.
Call now to get a free case review from our team. We’ll discuss your legal options, then explain strategies we may use to build your case. Start your legal journey today.
Call or text Chalik & Chalik (855) 529-0269