The Atlanta personal injury attorneys at Hinton & Powell have a great deal of experience trying motorcycle accident cases. Sometimes, they come across cases where an insurance company has denied a motorcycle accident claim. There are a few reasons why a claim can get denied in Georgia. Read more about these possibilities below or contact our firm today to see if our legal team can help with your motorcycle accident case.
Sometimes people walk away from an accident thinking that they haven’t been injured, or they don’t feel the effects of an accident until a few days later.
When people delay getting checked out for injuries, it not only puts them at risk, but it’s also a red flag for insurance companies. Insurance providers tend to see these injuries as less severe. But if you are really injured, you still must endure pain and costly care.
If you have a previous injury in a similar spot, insurance providers may see a delay in seeking treatment as a false claim to get treatment for the previous injury and deny the claim.
If you have a previous injury that gets aggravated by an accident, then you must seek treatment immediately. By getting immediate care, you are showing that the new pain is caused by an injury from the accident and not the previous injury.
Many insurance adjusters may have an unconscious bias against motorcyclists and think they are reckless. This can lead to them assuming the motorcycle rider is partially responsible for the accident and denying the claim or lessening an insured’s payout by saying there was contributory negligence.
Contributory negligence is a legal term that generally means failure of the injured party to act prudently. Since many adjusters think that motorcyclists take unnecessary risks, like not wearing appropriate safety gear or speeding, they will often assume the motorcyclist was engaging in this behavior and deny the claim.
Along with the adjuster believing the motorcyclist is reckless, it can also be difficult to show the other driver was at fault. This difficulty is typically because, in the aftermath of a car to motorcycle accident, the car may not show much damage while the motorcycle is destroyed. The car that caused the accident may even drive off, leaving the motorcyclist with no way to pursue a claim against the driver at fault.
Another issue that comes up with these collisions is a lack of complete coverage on behalf of the car driver, which can lead a motorcyclist to have to fall back on his or her own insurance. When the motorcyclist needs to use his or her own insurance, it’s often delayed, as the insurance company will pursue the driver’s insurance for a payout.
With the team at Hinton & Powell representing you, you can rest assured you are being represented by a team with a great deal of experience in motorcycle, truck, car and other accident cases. Our firm has a proven track record representing victims of auto collisions. Contact Hinton & Powell to get a free consultation with the leading Atlanta personal injury lawyers: (404) 365-7077.