Insurance companies determine fault in a motorcycle accident by looking at the evidence. By evaluating the following pieces of information, they can determine who (or what) caused a motorcycle crash:
- The police report
- Eyewitness testimony
- Traffic camera footage
- Photos of the accident scene, your vehicle, and your injuries
- Statements from law enforcement officials and accident reconstruction specialists
A variety of factors come into play when an insurance company determines fault in a motorcycle accident. Unfortunately for motorcyclists, some of those factors may have nothing to do with whether they were actually responsible for the accident that led to their injuries.
If the cause of your accident (or your role in it) is an issue, you could work with our motorcycle accident lawyer to recoup damages.
What Happens in the Aftermath of a Motorcycle Accident in Indianapolis?
As soon as an accident is reported to an insurance company, an agent or adjuster begins an investigation and reviews all the available evidence. Throughout the investigation, insurance agents will look for information that allows them to build a case against the motorcyclist to justify denying a claim or offering a reduced settlement.
Tactics like these can be extremely costly for motorcycle accident victims who are counting on receiving fair compensation for their injuries. However, your case will not be derailed by the claims adjuster with us on your side. We will present the cost of your damages, prove the cause of your accident, and determine fault.
The Insurer May Try To Blame You for the Incident
Thanks to IC §34-51-2-6, you could be barred from recovering compensation if you were more than 50 percent responsible for the accident. As long as you are less than 50 percent responsible, you can seek compensation.
As the injured party, you may have questions about how you could possibly be responsible for what happened. For explanation’s sake, consider the example of a driver who ran a red light and crashed into a motorcyclist who wasn’t wearing a helmet.
Under Indiana’s comparative fault laws, the jury might decide that while the driver of the passenger vehicle was primarily at fault for the accident, the motorcyclist is also somewhat responsible for his injuries because he wasn’t wearing a helmet.
The insurance company will, no doubt, try to blame the accident on you. This is so they can limit how much they pay you or deny your claim altogether. Our team is no stranger to pursuing damages in motorcycle accident cases. We can gather evidence to prove fault and use that information to build your case.
What Happens in the Aftermath of a Motorcycle Accident?
Motorcycles are involved in thousands of serious motor vehicle accidents each year in the United States. These crashes can be absolutely devastating for motorcycle riders and their families. Even if the motorcyclist is fortunate enough to have survived the accident, he’s nowhere near out of the woods.
Riders who survive motorcycle accidents often have serious injuries and may be facing a long road to recovery—all while their medical bills pile up. A successful insurance claim or personal injury lawsuit can help relieve these financial burdens, but motorcyclists who are found to be at fault for the accident, and thus, their injuries, may not be able to collect full compensation––if they’re able to collect any at all.
Motorcycle Accidents Can Result in Costly Damages
With no protective barrier to shield riders from impact, motorcycle accidents are often extremely serious and exceptionally costly. In fact, the direct expenses associated with motorcycle accidents cost billions of dollars a year, according to the most recent data from the U.S. Government Accountability Office. These costs included property damage, emergency services, medical expenses, rehabilitation costs, loss of market and household productivity, and more.
Like any business, insurance companies are concerned with their bottom lines. The desire to avoid paying potentially hefty settlements is a good incentive for an insurance company to find fault with a motorcycle’s claim.
Do You Need a Motorcycle Accident Lawyer?
If you were injured in a serious motorcycle accident, you know just how hard it can be to try to pick up the pieces after such a catastrophic event. With everything you’re facing, the last thing you should have to concern yourself with is whether an insurance company representative will resort to sneaky tactics to avoid paying what you deserve.
You want a personal injury attorney who handles motorcycle accident cases.
Call Sevenish Law Firm, P.C.
Randy Sevenish of Sevenish Law Firm, P.C. has helped Indiana accident victims and their families for decades. He’s also an avid motorcycle enthusiast who’s dedicated to helping motorcyclists both before and after accidents.
For more information, contact Sevenish Law today to schedule an appointment for a free initial case consultation. Feel free to ask us more questions about how insurance companies determine fault in a motorcycle accident.