If you’ve been in a motorcycle accident, the last thing you want is your insurer trying to pin the blame on you. Unfortunately, this happens more often than people realize, especially when you don’t have a New Bedford motorcycle accident lawyer by your side. Insurance companies are in the business of saving money, and one of the easiest ways for them to do that is by denying or undervaluing your claim. Even if it’s crystal clear that the accident wasn’t your fault, they may still try to point the finger at you. That’s why it’s critical to protect your rights from the start.
But why would your insurer try to shift the blame for an accident that wasn’t your fault? Let’s dive into that.
Why Would an Insurer Blame You for a Motorcycle Accident?
In Massachusetts, if you’re found 100% responsible for an accident, you can’t recover any compensation. Period. And that’s why insurance companies sometimes work so hard to prove you were at fault. The less they have to pay, the better it is for their bottom line.
Now, Massachusetts uses something called the 51% comparative negligence rule. Basically, you can still recover compensation after an accident, but only if you’re found less than 51% at fault. If you’re even 51% responsible, you’re out of luck—you won’t receive a dime.
Here’s where it gets tricky: Even if you’re less than 51% at fault, your compensation gets reduced by the percentage of blame assigned to you. Let’s say you were awarded $200,000 in damages, but the insurance company says you’re 40% responsible for the crash. In that case, your total compensation would be cut by 40%, leaving you with $120,000 instead.
As you can imagine, insurance companies are highly motivated to make it seem like you share more of the blame than you actually do. And if you don’t have a New Bedford motorcycle accident lawyer advocating for you, the odds might not be in your favor.
Is Your Insurer Acting in Bad Faith?
While insurers are businesses at the end of the day, there are rules they need to follow. If they unfairly deny your claim or try to blame you without good reason, they may be acting in “bad faith.” But blaming you isn’t the only tactic they use to reject claims. Let’s look at some other common reasons your insurer might deny your motorcycle accident claim.
Common Reasons Insurers Deny Motorcycle Accident Claims
1. Your Policy Lapsed
It’s easy to forget to renew your insurance policy, but if you get into an accident and your policy has expired, your claim will be denied. To avoid this headache, make sure your coverage is always up to date.
2. You Only Have Third-Party Liability Insurance
Third-party liability insurance is the minimum required coverage in Massachusetts, but it won’t help you with your own injuries or bike repairs. If you only have third-party coverage, your insurer will deny claims that fall outside of this, like damages to your motorcycle. It’s a good idea to get full coverage, which includes collision and comprehensive insurance, to make sure you’re fully protected.
3. You Didn’t Have a Valid License
If you were riding without a valid motorcycle license at the time of the accident, your insurer might use that as an excuse to deny your claim. Riding without the proper licensing puts you at risk legally and financially.
4. You Were Riding Under the Influence
This one’s straightforward. If you were riding under the influence of alcohol or drugs, your insurer is not only going to deny your claim, but you’ll also be responsible for compensating others involved in the accident, as well as covering any damages to property.
5. The Claim Was Fraudulent
Insurers investigate every claim thoroughly. If they suspect your claim is fraudulent, they won’t just deny it—they could also take legal action against you. Insurance fraud is a serious offense, and it’s not worth the risk.
6. There Was a Delay in Filing Your Claim
Timing matters when it comes to insurance claims. If you wait too long to report your motorcycle accident, the insurer may deny your claim, saying that the delay could have affected evidence or caused inaccuracies in your account of the accident. Always check with your insurer about the deadlines for filing a claim to avoid this.
7. You Were Using Your Motorcycle for Commercial Purposes
If you were using your motorcycle as a commercial vehicle—like for deliveries or as a ride-share—without the proper commercial coverage, your insurer can deny your claim if you’re in an accident.
8. You Were Engaging in Illegal Activities
Were you racing your motorcycle at the time of the accident? If you were involved in illegal activities when the accident happened, your insurer will almost certainly reject your claim.
What Should You Do if Your Insurer Blames You?
If your insurer is blaming you for an accident or denying your claim, you don’t have to go through it alone. Working with a New Bedford motorcycle accident lawyer can make all the difference. An experienced attorney can investigate the accident, gather evidence, and help ensure that your rights are protected. They know the tactics insurance companies use and can help you avoid the common pitfalls that lead to denied claims.
At Kevin P Landry Law Offices, we’ve helped countless clients in New Bedford get the compensation they deserve after a motorcycle accident. Whether the insurer is trying to blame you or they’re outright denying your claim, we can step in and fight for your rights.
Get Help from a New Bedford Motorcycle Accident Lawyer Today
Don’t let your insurer push you around after a motorcycle accident. You deserve fair compensation, and the team at Kevin P Landry Law Offices is here to help. We work on a contingency fee basis, meaning you don’t pay a dime unless we win your case.
