Motorcycle accident victims often face an uphill battle—not just on the road to recovery but also in dealing with insurance companies. While riders may assume insurance companies are there to help, the truth is that these corporations are primarily focused on minimizing payouts. Their tactics can be subtle or aggressive, but either way, they often lead to lower settlements or outright denials for victims.
For those injured in a motorcycle crash, especially in Indiana, it is critical to recognize these tactics and take steps to protect their rights. A Carmel motorcycle accident lawyer or injury attorney can help level the playing field. Below are five of the most common insurance tricks—and how to beat them.
1. Blaming the Motorcyclist (Even When It Wasn’t Their Fault)
The Trick:
One of insurance companies’ most commonly used tactics is placing partial or complete blame on the motorcyclist. Because of persistent stereotypes—like the idea that bikers are reckless thrill-seekers—adjusters may argue that the rider was speeding, weaving between cars, or not wearing visible clothing, even if these things are untrue or irrelevant.
This tactic is particularly dangerous in Indiana because of the state’s comparative negligence laws. If a rider is found even partially at fault for an accident, their compensation could be significantly reduced. For example, if a motorcyclist is found to be 30% at fault for an accident, they may only recover 70% of their damages.
How to Beat It:
Motorcyclists should document the scene thoroughly—photos of the crash site, skid marks, vehicle damage, and even weather conditions can help. Getting witness statements at the scene also adds credibility. It is wise to avoid making any statements to insurance adjusters until speaking with a Carmel motorcycle accident lawyer, who can help organize evidence and defend against false blame.
2. Lowball Settlement Offers (Before Medical Treatment Is Finished)
The Trick:
Another trick insurance companies use is contacting the victim shortly after the accident, often within days, with a quick settlement offer. These offers may sound appealing initially, especially when bills are piling up, but they are typically far below what the victim is entitled to. Worse, once a settlement is signed, the rider forfeits the right to any future compensation, including for ongoing medical expenses or lost earning potential.
This is exceptionally unfair in motorcycle accidents, where injuries such as road rash, fractures, spinal trauma, or traumatic brain injuries can take weeks or months to fully assess.
How to Beat It:
Victims should never accept an insurer’s first offer without consulting an injury attorney. A lawyer can help calculate the claim’s actual value, including future medical treatment, therapy, lost income, and pain and suffering. Delaying settlement until the full scope of injuries is understood ensures that riders are not left with unmanageable expenses later.
3. Delaying or Denying Claims to Pressure Victims
The Trick:
Some insurers use delay tactics to exert pressure. They might say the claim is under review, repeatedly ask for additional documentation, or claim that the adjuster assigned to the case is unavailable. These delays can create immense financial stress, especially if the rider cannot work.
In other cases, insurance companies may deny valid claims, hoping the victim lacks the energy or knowledge to fight back.
How to Beat It:
Document every interaction with the insurance company. Keep copies of all correspondence, emails, and phone call records. If the process drags on without progress, it may be a tactic rather than a genuine delay.
Bringing in a Carmel motorcycle accident lawyer can show the insurer that the victim is serious and will not be taken advantage of. In many cases, just the presence of legal counsel can prompt insurers to act more fairly.
4. Using Recorded Statements Against the Victim
The Trick:
Soon after an accident, insurance adjusters often call the motorcyclist and ask for a recorded statement. They may say it’s a routine step or necessary to move the claim forward, but they don’t say anything in that statement that could be twisted and used to reduce or deny the claim.
Even phrases like “I’m fine” or “I didn’t see the other vehicle” can be misconstrued to suggest the victim is uninjured or partially at fault. The insurance company’s goal is to get the rider to say anything that weakens their claim.
How to Beat It:
Motorcyclists are not legally required to provide a recorded statement to the at-fault driver’s insurance company. Politely decline until speaking with an injury attorney. An attorney can prepare the victim for any interviews, be present during discussions, and ensure the insurance company does not twist the facts.
5. Arguing That the Injuries Were Pre-Existing
The Trick:
Insurance companies may argue that the injuries were not caused by the motorcycle accident but were pre-existing conditions. This tactic is widespread if the victim has any prior history of back pain, joint injuries, or other medical issues. They may request full access to medical records to find something to use against the victim.
This approach can be incredibly frustrating for someone who was injured in a crash but now finds themselves defending their medical history.
How to Beat It:
While insurance companies can review relevant medical records, riders do not have to hand over unrestricted access. An injury attorney can limit what records are shared and provide documentation that links the injuries to the accident. Medical expert testimony and detailed treatment records are powerful tools to counter this tactic.
Why Motorcycle Victims Are Targeted More Often
Motorcyclists are more vulnerable in crashes but tend to face more aggressive insurance practices. There are several reasons for this:
- Higher injury severity: Motorcycle accidents tend to result in more serious and costly injuries, which motivates insurers to limit payouts.
- Bias against riders: Insurance companies know that juries and adjusters may view motorcyclists as risk-takers, which gives them leverage to argue partial fault.
- Lack of witnesses: Many motorcycle crashes occur quickly and with limited witnesses, giving insurers room to manipulate the narrative.
This is why riders need to be proactive in defending themselves, even if they believe the facts are on their side.
What Motorcycle Accident Victims Should Do
Motorcycle accident victims should take the following steps immediately after a crash to protect their rights and avoid being taken advantage of:
- Call the police and get a report – An official police report can be vital in proving liability.
- Seek immediate medical attention – Not only for health reasons but to create a clear medical record.
- Document everything – Photos, witness names, vehicle damage, and road conditions should all be preserved.
- Avoid speaking to the insurance company without counsel – This helps avoid saying anything that could harm the claim.
- Consult a Carmel motorcycle accident lawyer – An experienced attorney can handle negotiations, deal with insurers, and ensure the victim receives full compensation.
Common Damages in Motorcycle Accident Claims
When filing a claim, victims may be entitled to compensation for:
- Medical bills (past and future)
- Lost wages and loss of earning capacity
- Pain and suffering
- Emotional distress
- Property damage (motorcycle repairs or replacement)
- Permanent disability or disfigurement
An injury attorney can calculate the full extent of these damages and advocate for fair compensation.
The Importance of Legal Help in Beating Insurance Tactics
Insurance adjusters are trained professionals with one goal—to protect the company’s bottom line. Most motorcycle accident victims do not have the legal knowledge or experience to recognize and respond to these tactics effectively. Working with a knowledgeable attorney can make a dramatic difference in the outcome of a claim.
A Carmel motorcycle accident lawyer can:
- Investigate the accident
- Gather evidence and expert testimony
- Negotiate with insurers on the victim’s behalf
- File a lawsuit if negotiations fail
This kind of support can relieve stress, speed up the claims process, and ensure the victim does not struggle with unpaid bills or long-term losses.
FAQ: Motorcycle Accident Insurance Claims
What if I wasn’t wearing a helmet—can I still file a claim?
Yes. Indiana law requires riders under 18 to wear helmets, but adults are not required to. While not wearing a helmet might affect injury-related claims (especially head injuries), it does not automatically bar compensation.
Can I still get compensation if I was partially at fault?
Yes. Under Indiana’s comparative negligence law, you can recover damages even if you were partly at fault, though your percentage of fault will reduce your compensation.
What if the other driver had no insurance?
Uninsured/underinsured motorist coverage can help in these cases. Using your policy, a Carmel motorcycle accident lawyer can help you file a claim.
How long do I have to file a claim after a motorcycle accident in Indiana?
In most cases, the statute of limitations in Indiana is two years from the date of the accident. However, acting quickly helps preserve evidence and strengthen the case.
Is hiring an injury attorney expensive?
Most motorcycle accident lawyers work on a contingency fee basis, meaning they only get paid if the victim wins compensation. This makes legal help accessible to most accident victims.
Protecting Your Rights After a Motorcycle Accident
Insurance companies may act like they’re on the side of motorcycle accident victims, but their interests are often directly opposed. By recognizing these five common tricks and taking proactive steps to beat them, riders can protect themselves and recover the compensation they deserve.
For those facing complex claims or persistent insurance pushback, partnering with a Carmel motorcycle accident lawyer or injury attorney can be the key to turning the tide in their favor.
