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What if the other party denies my claim?

THE SITUATION

We see this happen all the time to clients who have been involved in motorcycle accidents.  Out of nowhere, someone crashes right into them and totally changes their life for the worse.  After the incident, both parties exchange contact information and follow up on the insurance process.  However, at some point, the person that actually caused the crash denies that they were responsible and things that you should carry the burden of the incident-financial and otherwise.  On the other side, the insurance company that covers the other party could flat out reject that they have any obligation to pay you.  They could stand on a number of arguments in making their case.  This will invariably shock and anger you.  After that, it will lead to inquire what you can do make sure that the other party or insurance company does what it should do: pay you for medical, income, property, and other losses that you suffered.



THE FACTS

Here is a list of the most typical reasons that motorcycle accident insurance claims are refused:
What if the other party denies my claim?

  • The motorcycle accident could have stopped.
  • The victim did not try and get medical assistance fast enough.
  • The policy does not cover the kind of accident that occurred and injured the person seeking coverage.
  • The insurance policy has expired.
  • The vehicle or instrument involved in the accident was not covered on the insurance policy.
  • The compensation requested exceeds the insurance policy coverage limits.

THE REPLY

If you are actually denied coverage after your motorcycle accident, then there are a number of steps that you can take to put yourself in a better position for compensation.  The insurance adjuster will likely be the one who gives you the denial.  Therefore, you should deal with that person first.  They will give you logic and notice of the claim rejection.  You need to carefully this document.  It must contain a legal justification for your denial.  It cannot merely cite some vague, legal idea or internal, corporate policy to justify their behavior.  The other document that you need to carefully review is the police report.  While it is often given great weight because of its source, it is actually not evidence unless the cop was actually at the scene as the motorcycle accident occurred.  Also, look and check if the officer stated who was at fault for the incident on the report.  Next, investigate whether anyone received a citation for conduct related to the incident.  Getting the facts right on these things may not convince the adversarial insurance company or adjuster but they will definitely give you better footing in the negotiations process.

THE LAW

Sometimes, victims of motorcycle accident have to resort to courtrooms to accomplish the kind of relief that they deserve.  The private insurance system is cumbersome and confusing and geared towards them, not you!  Thus, it is helpful to illustrate how the law and the legal system can help you.  Here is a list of the general categories of things you can recover for after the incident:

  • Medical Expenses.
  • Lost Wages.
  • Loss of Normal Life.

Getting reimbursement for these things out of a jury takes times, money, and skill.  Yet, you might find that a trial is more fair and balanced than the insurance process.

For more information on questions related to Motorcycle Accidents please visit the following pages: