In any injury case, the victim may be hesitant to move forward with pursuing legal action out of fear of not getting the recovery they need, receiving pushback from insurance carriers, the fault being put on the injured, etc. For motorcycle accident cases, however, it’s common to have apprehension about the perceived biases that may be present throughout the claims process.
While these hesitations may be valid, it’s important to understand which parts of the process bias may be encountered, if any, and what you can do to overcome this potential challenge.
Potential Signs There is Bias Against Your Claim
The first step is to understand if there are any potential signs that may suggest bias against your claim. Some of these signs may include the following:
You’re Automatically Blamed for the Accident
One common sign of bias in your case is if you’re immediately blamed for the accident, regardless of what really happened. It’s important to understand that motorcycle riders are often seen as more reckless than other drivers on the road, which can play into this preconceived notion.
If you find yourself in this situation, be sure to document everything you can about the accident and what led to it. This will help establish how the accident happened and that you weren’t at fault.
Your Injuries Are Downplayed
Another sign of bias against your motorcycle accident claim is if the severity of your injuries is downplayed. This can be done in a number of ways, such as:
- The other driver’s insurance company denies your claim outright
- The other driver’s insurance company delays payment on your claim
- The other driver’s insurance company offers you a low settlement amount
All of these actions can be taken to minimize the severity of your injuries and, as a result, the amount of money they have to pay out. If you find yourself in this situation, it’s important to get an independent medical opinion to document the true extent of your injuries.
You’re Treated Differently Than Other Victims
Another sign that bias may be present is if you feel you’re being treated differently than other victims in similar situations. This can manifest in a number of ways, such as:
- The other driver’s insurance company is quick to offer you a settlement.
- The other driver’s insurance company is slow to respond to your inquiries.
- You’re not given the same level of customer service as other victims.
- You’re not given the same level of respect as other victims.
These are all potential signs that the other driver’s insurance company is trying to take advantage of you because they believe that you won’t be able to get a fair recovery.
How to Overcome These Challenges
If you believe that bias may be present in your motorcycle accident claim, there are a few things you can do to overcome these challenges, such as:
Get a Second Opinion
If you’re not sure if the severity of your injuries is being downplayed, it’s important to get a second opinion from an independent medical professional. This will help document the true extent of your injuries and give you the evidence you need to support your claim.
Keep Detailed Records
Throughout the process, it’s important to keep detailed records of everything that happens. This includes any communication you have with the other driver’s insurance company, medical appointments, and anything else related to your case.
These records will help you document what happened and prove that bias was present if you need to take further legal action.
Hire an Experienced Attorney
One of the best things you can do is hire an experienced attorney who has dealt with similar cases. They will know how to navigate the process and ensure you’re treated fairly.
Politis & Matovina, P.A. has been helping injured victims through the legal process since 1993. We can help ensure that your case is being handled in good faith and that you obtain the compensation you deserve. Call (386) 333-6613 to schedule your free consultation.