Riding a motorcycle is thrilling. The wind gushing through the hair and the fast momentum on a clear road is an experience that every motorcycle rider wants to enjoy—at least once, if not frequently. Although it is super exciting to ride a motorcycle, it is, at the same time, challenging, especially if you have an accident. Since it lacks proper safety, injuries are likely to be severe, resulting in multiple surgeries, costly medical treatments, and a long recovery time, which can last for weeks- sometimes even months and years, mainly if it results in a temporary disability paralysis.
All of this can burden you financially. That’s precisely why the law gives you the right to file a motorcycle accident claim so that you can pursue the compensation you need to seek proper treatment and get on the road to recovery. However, the worst-case scenario is when your claim gets declined and rejected.
Based on our motorcycle accident lawyer’s experience in North Carolina, below are the top reasons for denial of a motorcycle accident claim:
Reason #1—Failure to Seek Immediate Medical Assistance
The core of a motorcycle injury claim is the injury itself. Thus, the severity and type of injury can have a drastic impact on your claim. That’s why it is important to seek immediate medical aid after the accident and get a proper diagnosis from the doctor.
Some injuries are internal, and some don’t result in pain right away because of the adrenaline rush, which blocks the pain. However, the pain of such injuries can be felt days after the accident. And when reported later, you may not get compensated. Your claim may be denied because it puts the defendant in a strong position where they can counter by stating that the injuries were not reported at the time of the motorcycle accident and that they may have been caused by some other incident. In other words, your carelessness can become the strength of the case defendant, and they may attempt to attack your credibility. They may state that the injuries aren’t the result of the accident or not severe as they were not treated promptly.
It is essential to understand that medical assistance after a motorcycle accident is not just essential for your health but also important for getting your claim approved and accepted.
Sometimes motorcycle accident claims get denied because the insurance company says that the accident was avoidable. In such a situation, the reason is most apparent. If you drove in a way that violated the state law, the claim may be denied. For example:
- You were intoxicated and riding your motorcycle
- You drove without a license
- You drove without insurance
- You were tailgating, speeding or suffering from road rage
Thus, in such a situation, the insurance company can claim that the accident occurred due to your negligence and you should have been able to avoid it.
Reasons#3—Damages Exceed Policy Limits
Sometimes the reason for claim denial is the policy limit. Put simply, in some situations, claims may be rejected because the damages exceed policy limits. It is crucial to understand that every insurance contract covers a certain amount of damages. When that limit is exceeded, the insurance company can pay up to the limit only.
Suppose this is the underlying reason for claim rejection. In that case, your motorcycle accident lawyer can review your case and see if there are other insurance coverage options available that can help you cover damages.
Reason#4—Filing a Claim on Your Own
In the quest to save the legal fee of hiring a lawyer, some motorcycle accident victims file and handle claims on their own. This can be a big mistake because motorcycle accident claims usually have several legal complications that a seasoned lawyer can understand and navigate you through. Thus, your lack of legal knowledge or skills to pursue and negotiate your claim could result in nothing but denial.
When you don’t know your legal rights and how to protect them, you will not be able to fight back and pursue the compensation that you deserve. Even if your claim does get approved, the chances are that you might have to settle for a low-ball offer.
Contact us for Legal Assistance
If you or a loved one is in a motorcycle accident, there are two things that you should do right away: make sure to seek immediate medical help and contact our experienced motorcycle accident lawyer in North Carolina.
You don’t have to worry about the legal fee upfront because we work on a contingency basis. This means that you will only be asked to pay a legal fee if you get compensated. In addition to this, we have the experience, expertise, and knowledge to help file your claim and fight for you to be compensated fairly for the injuries and losses incurred.
Our lawyer will provide you with quality guidance and assistance at every step of the process and handle all aspects of the case from start to finish. Thus, you can focus on recovery while we focus on pursuing full and fair compensation. At The Law Office of Jason E. Taylor, P.C., our goal is to help you become financially stable and seek quality treatment. We strive to help you resume everyday life and engage in day to day activities like you did before you were in a motorcycle accident.
Contact us today for a free consultation. Remember that you’re only a call away from having a skilled advocate at your side fighting for your claim to be approved so that you can be fairly compensated.