Many insurance companies operate with preconceived notions about motorcyclists. They might see you as a risk-taker, a daredevil, or somehow automatically at fault. These biases can seriously impact your claim if someone else’s negligence caused your motorcycle accident, leading to unfair denials or insultingly low settlement offers.
The good news? You don’t have to just sit there and take it.
If you’re a motorcyclist feeling the squeeze from an insurance company that seems determined to treat you unfairly, the team at Cook, Barkett, Ponder & Wolz is ready to step in. We help you understand your rights and how to handle the insurance company when you suspect they’re biased against you.
Reach out a motorcycle accident lawyer in Cape Girardeau, MO, call at (573) 335-6651 for a no-nonsense discussion about your case.
Why Insurance Companies Are Wary of Motorcyclists
In movies and TV shows, the biker is often the wild one, the rule-breaker, maybe even a bit of a menace. They might be portrayed weaving through traffic, splitting lanes with abandon, or making a racket with loud pipes. This stereotype is pervasive, and it unfortunately paints a picture that insurers sometimes latch onto.
The reality, as you well know, is usually far different. Most motorcyclists are incredibly responsible. They have to be. Riding a bike means being more exposed, so defensive riding, awareness, and proper gear are part of the everyday riding experience for the majority. They understand the risks and take precautions.
How Stereotypes Breed Bias in Claims Handling
If an adjuster has an internal script that says “bikers are reckless,” they might subconsciously look for evidence that confirms this belief, a phenomenon known as confirmation bias.
This doesn’t always mean they’re overtly hostile (though that can happen). More often, it’s subtle. It is often in the tone of their questions, the aspects of the accident they choose to focus on, or their initial assumptions about your speed or actions. From that very first phone call, you might feel like you’re being interrogated rather than assisted.
They might be quicker to doubt your version of events or more inclined to place partial blame on you, even when the evidence points elsewhere. This behavior stems not from a pursuit of fairness, but from a pre-formed narrative obstructing objective assessment.
The Bottom Line: It’s Often About the Money
A fundamental truth is that insurance companies are businesses. Their primary goal, like any business, is to be profitable. A big part of that profitability comes from minimizing how much they pay out in claims.
Motorcycle accidents, unfortunately, often lead to more severe injuries compared to some car accidents. This means claims are often higher – medical bills stack up, recovery is often longer, and the overall financial impact is often substantial. For an insurer looking to protect its bottom line, these potentially larger claims become prime targets for aggressive defense strategies and cost-cutting measures.
This financial pressure incentivizes adjusters to lean into any existing biases. If they find a way to attribute fault to the motorcyclist, even partially, or downplay the severity of the injuries, they reduce the payout. The motorcycle insurance market is projected for significant growth, expected to expand from $68.8 billion in 2023 to $108.7 billion by 2031. However, this growth is sometimes hindered by premium costs that are often inflated due to these very biases, as insurers perceive bikers as a higher-risk group overall, influencing rates even before an accident occurs.
Common Tactics Fueled by Anti-Motorcyclist Bias
The Blame Game: Immediately Pointing Fingers
One of the first things you might encounter is a rush to judgment. Before all the facts are in, before the police report is thoroughly reviewed, the adjuster might already be suggesting you were at fault, or at least partially responsible. This is a classic move.
They’ll throw out common, often unfounded, accusations:
- “You must have been speeding.” It’s an easy assumption to make, and a hard one for you to disprove on the spot.
- “You weren’t visible enough.” They might imply your bike was too small, your clothing too dark, even if you had your lights on and were riding defensively.
- “Your gear (or lack thereof) made it worse.” While proper gear is important for safety, insurers sometimes try to use your choice of gear to reduce their liability for your injuries, essentially blaming you for the extent of the harm. Insurers frequently allege motorcyclist fault using unproven claims about speed, visibility, or gear choices to drive down payouts.
These accusations are designed to put you on the defensive and make you question your own actions, making it easier for them to justify a lower offer or an outright denial.
Delay, Deny, Defend
This is a trifecta of frustration that many claimants, especially motorcyclists, experience. The insurance company might drag its feet, taking an unreasonably long time to process your claim. Motorcycle crash victims face claim processing times that tend to be longer than those for auto drivers with similar injuries. This delay is not always due to complexity; it is sometimes a deliberate strategy.
They might hope that the longer it takes, the more frustrated you’ll become. The idea is that you’ll eventually get tired of waiting, tired of fighting, and either accept a lowball offer just to be done with it, or give up entirely. They might also bury you in requests for documentation, asking for the same things multiple times or demanding obscure paperwork, all in an effort to wear you down.
Undervaluing Your Claim
If and when an offer does come, don’t be surprised if it’s insultingly low. This is a very common tactic. The initial offer is rarely their best offer; it is often a test to see if you understand the true value of your claim or if you’re desperate enough to take whatever they give you.
Adjusters might try to downplay the severity of your injuries. They might question your doctor’s diagnosis, suggest you’re exaggerating your pain, or argue that your injuries aren’t as debilitating as you claim.
They also often try to ignore or severely minimize certain types of damages. Things like pain and suffering, emotional distress, or the need for future medical care are often the first to be slashed because they’re less “concrete” than a medical bill, even though they are very real consequences of an accident.
Twisting Your Words
Anything you say to an insurance adjuster, especially in a recorded statement, is often scrutinized for anything that can be used against you. Adjusters are skilled at asking questions that might elicit responses that, when taken out of context, makes you look partially at fault or less injured than you are.
A simple, “I’m okay, I guess,” in response to “How are you today?” is often twisted into “See? They admitted they weren’t badly hurt.” Ambiguous statements are their playground. They interpret your words in the way that best suits their narrative of minimizing your claim.
Bias in the Digital Age: When Algorithms Discriminate
Insurance companies are using AI for all sorts of things, from setting your premium rates (underwriting) to processing your claims. On the surface, it sounds efficient. Algorithms sift through vast amounts of data much faster than a human ever could, promising quicker decisions and streamlined processes.
These systems look at demographic information, credit scores, geographic data, and, of course, your driving record and claims history. The idea is to build a “risk profile” that helps them decide how likely you are to file a claim and how much that claim might cost.
“Computer Says No”: How AI Can Perpetuate Anti-Rider Stereotypes
The catch is that algorithms are only as good as the data they are trained on. If that historical data reflects existing societal biases against motorcyclists, then the AI will learn and perpetuate those same biases. It won’t question them; it will just see them as patterns.
For example, if past data (which might have been influenced by biased human adjusters) shows that claims involving motorcyclists in certain areas were settled for less, the AI might learn to lowball future claims from bikers in those areas.
Your Guide to Fighting Back Against Insurance Bias
Before You Say Anything: The Power of Silence (and Legal Counsel)
After an accident, the other party’s insurance adjuster (or even your own, in some cases) will want to talk to you. They’ll likely ask for a recorded statement. Your first instinct might be to cooperate fully and tell them everything. Pause right there. Giving an immediate recorded statement is often a trap.
Adjusters are trained to elicit information that can weaken your claim. As we discussed, they twist your words. The smartest move you make early on is to politely decline to give a recorded statement until you’ve spoken with an attorney. An attorney advises you on what to say, or even handle communications with the adjuster for you.
Your Lawyer Can Document Everything
Evidence is your best friend when dealing with an insurance company that might be looking for excuses. From the moment the accident happens, and in the days and weeks that follow, document everything.
- Accident Scene: If possible, take photos and videos of the accident scene from multiple angles. Include vehicle positions, damage to your bike and other vehicles, skid marks, road conditions, traffic signals, and anything else that seems relevant.
- Your Bike & Gear: Thoroughly photograph the damage to your motorcycle. Also, take pictures of your helmet, jacket, and any other gear that was damaged or played a role in protecting you.
- Your Injuries: Take clear photos of all your injuries as soon as possible after the accident, and continue to document them as they heal (or don’t heal). Bruises fade, cuts close, but photos provide a timeline.
- Official Reports: Get a copy of the police report as soon as it’s available. Collect contact information for any witnesses.
- Medical Records: Keep every bill, every doctor’s note, every prescription receipt. Follow all medical advice and attend all appointments. This shows the insurer you’re taking your recovery seriously.
- Keep a Journal: This is a big one. Write down everything related to the accident and your recovery. Detail your pain levels each day, how your injuries are affecting your daily life, any lost work time, conversations you have with doctors or the insurance company (date, time, who you spoke to, what was said). This detailed record is invaluable.
If you can’t perform all of these tasks, your lawyer can complete many of them for you.
Know Your Policy, Know Your Rights
It sounds basic, but many people never actually read their insurance policy until they need to make a claim. Get it out and go through it with your lawyer.
What are your coverage limits (the maximum amount the policy will pay for different types of damages)? What’s your deductible (the amount you pay out of pocket before coverage kicks in)?
What your policy promises is key to recognizing when an insurer isn’t fulfilling their obligations. You have rights as a policyholder, and if you’re dealing with the other party’s insurance, you still have rights as an injured person seeking fair compensation.
Strategic Communication
When you do communicate with insurance adjusters, be strategic. Keep your conversations factual and concise. Don’t volunteer extra information they haven’t asked for. Stick to the point.
Where possible, communicate in writing, especially for important matters. Follow up phone calls with an email summarizing what was discussed and agreed upon. This creates a paper trail, which is much harder to dispute than recollections of a phone call. Certified mail is useful for sending important documents.
It can be tough, especially when you feel like you’re being treated unfairly, but try to avoid getting emotional or argumentative with adjusters. Yelling or being aggressive rarely helps your cause and sometimes gives them ammunition to paint you as difficult or unreasonable. Stay calm, stay professional, but stay firm.
Don’t Be Afraid to Challenge Their Offer
Remember that first offer they make? It’s almost never their final offer. You do not have to accept it, especially if it doesn’t fully cover your damages and feels unfair. Politely but firmly tell the adjuster why their offer is inadequate. Refer to your documentation – your medical bills, your lost wage calculations, your repair estimates.
This is where a well-supported demand letter is very useful. A demand letter clearly lays out the facts of the accident, details your injuries and damages, explains why the insured party is liable, and makes a specific monetary demand for settlement. This is a document best drafted with the assistance of an attorney to ensure it’s comprehensive and legally sound.
Don’t Let Bias Wreck Your Claim: Get Cook, Barkett, Ponder & Wolz on Your Side.
If you’re a motorcyclist in Missouri and you’re tired of getting the runaround, the lowball offers, or the subtle (or not-so-subtle) feeling that you’re being judged unfairly by an insurance company, it’s time to get serious.
Contact personal injury attorney at Cook, Barkett, Ponder & Wolz today, call (573) 335-6651.