After a motorcycle accident, it’s common for victims to struggle when trying to obtain compensation for their injuries and damages incurred. Like any business, insurance companies want to make a profit and limit payouts as much as possible.
Understandably, having your motorcycle insurance claim denied can be devastating. But whether you’re making an insurance claim for yourself or another person, if you get a denial, here are the steps you can take to receive the compensation you’re entitled to.
Consult A Reliable Attorney
Dealing with insurance providers sometimes comes with numerous complications. It’s particularly more challenging because part of their process is proving the validity of your claim. This means they will meticulously review your case to find any loophole that may invalidate your claim.
To level the playing field, you should get a legal expert with significant experience in handling similar cases. With a reliable attorney by your side, you can make sure that your rights are protected throughout the claim process. They will also help you negotiate a fair settlement that you deserve.
When choosing an attorney, it’s advisable to hire one within your area or state. As much as possible, hire a lawyer that specializes in handling cases related to motorcycle accidents. This will help ensure that they have the necessary knowledge and practice required not just to handle but also to win your case in your state. For instance, if you’ve been denied an insurance claim after your motorcycle accident in New Jersey, you may contact an Englewood Motorcycle Accident Attorney if you’re around the area.
Find Out Why Your Insurance Claim Was Denied
Once you have the right lawyer, you have a better chance of figuring out why you’ve been denied compensation. In general, a motorcycle insurance claim can be denied for a number of reasons.
Here are the most common reasons you may get from insurance companies:
- Limitations In The Policy
Depending on the policy, an insurance company may deny your claim for technical reasons. These could be any of the following:
- The policy does not cover the type of accident you were in. For example, it doesn’t have collision coverage.
- Your motorcycle is not included in your policy. For instance, if you’ve just recently bought a motorcycle without notifying your insurance company to update your policy.
- The policy was canceled by the insurance company or had lapsed because of nonpayment prior to your accident.
- The damage caused by the motor accident is greater than what the policy covers. In this case, it may not be a denial. The provider will only pay you up to the policy limits, which is often less than the actual damage cost.
- The at-fault driver was excluded from coverage under the insurance policy.
- Delayed Medical Care
If you didn’t receive immediate medical care after the accident, your insurance provider might use this to justify denying your claim using any of the following reasons:
- Your injuries are not serious. Otherwise, you would’ve gone to a doctor to be examined right after the motorcycle accident.
- Another incident after the motorcycle accident may have caused your current injuries.
Thus, it’s best to consult a physician immediately after a motorcycle collision. Even if you think you’re okay and not hurt, failing to undergo a proper medical check will give your insurance company a chance to deny your claim.
However, even if this is your current situation, it doesn’t necessarily mean that you didn’t suffer injuries or should not be compensated. In such cases, your lawyer will help you find a way to get the compensation you may still be entitled to.
- Liability Disputes
An insurance provider could also counter your claim if they believe you’re the negligent party who caused the accident. If this is the reason for your denied claim, you need to collect more credible evidence to prove them wrong.
They may also deny your claim if there’s a lack of evidence to prove that the other party was to blame for the accident.
But even if you were partially liable for the accident, depending on the circumstances, you may still be eligible to receive compensation.
- Pre-Existing Conditions
If your medical record shows that you had a similar injury in the past, the insurance provider could argue that they’re not responsible for compensating you. They may try to say that your injuries weren’t directly caused by the motorcycle accident but by your pre-existing medical condition.
- Unnecessary Procedures
An insurance provider may not cover you for a medical procedure for your injury. Depending on the urgency and necessity, they may argue that it is inessential and that you don’t really need the procedure.
- Biases
Most people, including insurance providers, usually have stereotypes thinking that most motorcycle riders are reckless and prone to accidents. Some policies even consider motorcycle riding risky and may offer a separate clause to cover motorcycle accidents.
Disputing The Decision
If you receive a denied claim, you have the right to appeal, provided that the reason for rejection doesn’t reflect the facts of your insurance claim.
Most states require an insurance company to allow an appeal process or arbitration for all denied claims. The length of the process can vary. During an appeal, it’s always helpful to leverage the legal experience of your lawyer to make negotiations on your behalf.
When filing an appeal, you’ll also need to provide complete documentation and enough evidence to support your claim. Some of the evidence you need typically includes:
- Medical records
- Copy of the police report
- Video and photo evidence of the accident
- Eyewitness testimony
Your lawyer can help you gather all the evidence you need and build a convincing case to help win the appeal.
But what if your insurance provider still refuses to give you compensation? What can you do?
Filing A Lawsuit
If your appeal is unsuccessful and your claim is still rejected, going to court is your next best option. Filing a lawsuit can be quite daunting, but your lawyer can make the process easier. Sometimes, filing a lawsuit can help push an insurance provider to take your claim more seriously and even approve it.
Take Away
A denied motorcycle insurance claim doesn’t always mean it’s the end of the road for you. By following the steps outlined above, you could have another chance at getting fair compensation for your injuries and losses.
