Insurers would rather blame you for causing a motorcycle accident so that they can deny or undervalue your accident claim. Even in a case where it’s very clear that you were not the cause of the accident, they will still try to use this tactic especially if you do not have a Fall River motorcycle accident lawyer. It’s very important that you protect your rights.
Why Would an Insurer Blame You for a Fall River, MA, Motorcycle Accident?
If you were 100% responsible for the motorcycle accident, you cannot recover compensation for an accident claim. This is why insurance companies will try to blame you for causing the accident because they are trying to protect their bottom line.
With that being said, Massachusetts is a comparative fault state. This means that it uses the 51% comparative negligence rule. Under this rule, you can only recover compensation if your share of the blame for the accident was less than 51%.
In addition, your damages are also reduced by your share of the blame. For instance, if you were awarded $200, 000 in damages but you were found to be 40% at fault for the accident, then your damages will be reduced by 40%. You would therefore receive $160, 000.
More Reasons Why an Insurer Might Deny Your Motorcycle Accident Claim in Fall River, MA
There are several other reasons why an insurer might deny your claim and they include:
Your Policy Lapsed
Your bike is only covered during the policy period and if you raise a motorcycle accident claim against a lapsed policy your claim will be denied. To avoid such a scenario, always renew your policy before it expires.
You Only Have a Third Party Liability Policy
Your claim will be rejected as per the terms and conditions of the policy. It’s best to get full coverage motorcycle insurance. This policy includes collision, comprehensive and liability insurance. Comprehensive coverage covers the cost of repairs in the event something else happens to your bike other than a collision.
Third party bike insurance is meant to protect you against financial liabilities that are s a result of the damages sustained by a third party. You are required by law to have third party liability coverage.
You do not Have a Valid License
If your insurer finds out that you were riding your bike without a valid license at the time of the accident, they might not accept your claim.
You Were Riding Under the Influence of Alcohol or other Drugs
Not only will the insurer reject your claim if they find out you were riding while drunk but you will also have to compensate the victims of the accident and replace or repair damaged property.
Your Claim was Fraudulent
Remember that getting your motorcycle insured is not a money making venture. Insurance companies conduct a thorough investigation on all claims before making any payments. If they find your claim is fraudulent, not only will your claim be denied but you might also face legal charges.
There Was a Delay in Claiming Your Request
The sooner you raise a motorcycle claim request after your accident, the better. Check with your insurer to find out the deadline before which they expect a claim to be initiated.
Insurers reject claims filed after the deadline has lapsed because they claim that time can be used to distort or plant evidence.
You Were Using the Bike as a Commercial Car
There is a different policy for commercial cars and using your private bike as a commercial vehicle will get your claim denied if you get into an accident.
You Were Using it for Illegal Purposes
If you were using your bike for illegal activities such as bike racing you claim will be denied.
Contact a Fall River Motorcycle Accident Lawyer
At Kevin P Landry Law Offices, we handle motorcycle claims in Fall River, MA. If you or a loved one got injured in a motorcycle accident, you can consult with us for legal advice. We can help you gather as much evidence as possible and protect your rights if the accident was not your fault.
We currently only charge on a contingency fee basis. This means that you only pay when we win your case. Call us today at 508-676-0001 for a free legal consultation with one of our lawyers
