Charleston Motorcycle Accident Lawyers | SC Motorcycle Accident LawyerIn the aftermath of a motorcycle accident, the last thing you need is the added stress of an insurance claim denial. The experienced Charleston motorcycle accident lawyers at Derrick Law Firm understand the challenges you face when your claim is rejected, and we are here to help you get the compensation you deserve for serious injuries sustained in a South Carolina motorcycle crash. Here, you can learn why insurers unfairly deny motorcycle riders' claims and how you can fight for a fair recovery even after an insurance company denies your claim.

Why Insurance Companies Deny Motorcycle Claims

When it comes to motorcycle accidents, insurance companies may attempt to deny coverage for an injured motorcyclist in a variety of ways, including the ones described below.

Blaming the Motorcyclist for the Crash

It's not unusual for an insurance company to deny a motorcycle accident claim by blaming the motorcyclist for the crash. Insurers may do this by claiming:

  • Motorcyclists are always dangerous. Insurance companies hope the stigma of a dangerous rider will reduce or eliminate their responsibility to pay compensation.
  • The motorcyclist caused the crash. Insurance adjusters may try to argue that your negligence caused the crash.

However, you have rights that can be protected, even when the insurance company initially tries to deny a legitimate claim.

Claiming the Motorcyclist Was Not Injured in the Accident

You can only recover motorcycle accident damages if you've been hurt in a crash. Accordingly, the insurance company may try to argue that you were not hurt by:

  • Pointing to preexisting conditions or old medical issues as the reason for your injury
  • Arguing that you are not hurt at all

Your medical records will provide useful evidence about the cause and extent of your injuries.

Claiming the Insurance Policy Does Not Cover the Accident

Sometimes, insurers argue that the insurance policy does not cover the accident. Your Charleston motorcycle accident lawyer will thoroughly review all applicable insurance contracts to ensure you get the fair compensation you deserve.

Insurance companies know that fighting a denied motorcycle accident claim takes time, energy, and resources that injured riders may not have, and they hope you will not take the matter any further. By denying claims outright, the insurance company hopes to avoid paying out on policies. However, just because a claim is initially denied does not mean you have to accept that decision.

How a Charleston Motorcycle Accident Lawyer Can Help After an Insurance Denial

While the insurance company may want injury victims to believe that an initial denial is the end of the road, it can still be possible to appeal the decision and obtain the settlement you deserve after a serious motorcycle accident. An experienced Charleston motorcycle accident attorney will work identify the cause of the denial and present compelling evidence to help you get the recovery you deserve. Evidence can include:

  • Police reports
  • Photographs of the accident scene, vehicles, and injuries
  • Medical records
  • Witness testimony
  • Surveillance footage

Additionally, your skilled motorcycle accident lawyer will:

  • Review all communication with the insurance company
  • File all necessary paperwork
  • Negotiate with insurance adjusters
  • Take your case to court, if necessary

In some cases, an insurance company sticks with its denial even if there is a legitimate claim. This is called acting in bad faith, and it is against the law. For these situations, it can be necessary to file a legal claim against the insurance company to force it to uphold its end of the policy agreement. An experienced Charleston motorcycle accident attorney can help motorcycle accident victims navigate this process and pursue a fair recovery.

Proving Bad Faith Insurance Practices

If an insurance company continues to deny a valid claim even when presented with evidence, they may be acting in bad faith. This means they are breaching their duty to deal fairly with policyholders.

Bad faith practices may include:

  • Intentionally refusing reasonable settlement offers
  • Failing to investigate a claim properly
  • Unjustly interpreting policy language
  • Making unreasonable demands for additional information
  • Delaying communications and payments

Bad faith practices essentially deprive the insured of the benefits they paid for with their policy premiums. These tactics are illegal, and insurance companies can be sued for acting in bad faith. With an attorney's help, victims can hold insurers accountable.

10 Mistakes to Avoid After a Charleston Motorcycle Accident

You can do everything right, and the insurance company may still deny your South Carolina motorcycle accident claim. However, you can reduce the likelihood of an insurance denial by avoiding potentially costly mistakes. Some of the mistakes you can avoid include:

1.      Failing to seek medical treatment immediately after the wreck.

2.      Not being totally honest with doctors regarding past medical history.

3.      Failing to attend all medical appointments.

4.      Only talking about the worst symptoms and keeping quiet regarding other symptoms.

5.      Not telling doctors how your injuries impact your daily living activities and ability to work.

6.      Not following your doctor's orders.

7.      Stopping medical treatment without a doctor's consent.

8.      Failing to treat emotional injuries if they arise after the accident.

9.      Not consulting with an experienced Charleston personal injury attorney about your case if you are injured.

10.   Thinking insurance adjusters are looking out for you and your family's interest.

The key is to report injuries thoroughly, follow treatment plans, and document the accident. An attorney can then use this evidence to fight back against wrongful denials and help you get the compensation you deserve.

South Carolina Motorcycle Accident Damages – Know What You're Fighting For

It takes effort to fight an insurance denial, and you deserve to know what you could recover if your efforts are successful. Your fair compensation may include the following types of damages.

Medical Expenses

One of the primary types of damages sought in a motorcycle accident case is reimbursement for past, current, and future medical expenses related to your accident injuries. Health care costs include hospital bills, surgeries, medications, rehabilitation, and any other costs directly related to treating injuries sustained in the accident. It's crucial to keep detailed records of all medical expenses to present a comprehensive picture of the financial impact on the victim.

Property Damage

Motorcycles can be seriously damaged in accidents. Compensation for property damage typically covers the costs of repairing or replacing the motorcycle and any other personal property, such as protective gear, that was damaged in the crash.

Lost Income

Motorcycle accident injuries can prevent you from working. You deserve compensation for all of your lost income, including lost wages, benefits, bonuses, raises, and self-employment income. In addition to the income you've already lost, your future earning capacity may be affected.

Pain and Suffering

The physical and emotional toll of a motorcycle accident often extends beyond tangible losses. Pain and suffering damages aim to compensate victims for the physical pain, emotional distress, and diminished quality of life resulting from the accident.

Loss of Consortium

In cases where a motorcycle accident results in severe injuries, the impact on personal relationships may lead to a claim for loss of consortium. This type of damage seeks compensation for the adverse effects the injuries have on the victim's relationships with their spouse, including loss of companionship, support, and intimacy.

Punitive Damages

In certain motorcycle accident cases, punitive damages may be awarded to punish the at-fault party for egregious conduct and to deter similar behavior in the future. However, punitive damages are not awarded in every case and typically require evidence of willful or reckless behavior on the part of the responsible party. 

Our experienced Charleston motorcycle accident attorneys consider all types of damages in an effort that you can make a fair recovery after a serious motorcycle crash. 

Dirk J. Derrick
Connect with me
South Carolina Lawyer Dirk Derrick helps victims recover from car accidents, personal injury & wrongful death.