Reasons Motorcycle Accident Claims Get Denied
Here are the most common reasons motorcycle accident claims get denied—and what you can do to avoid these issues.
Top Reasons Motorcycle Accident Claims Are Denied and How to Avoid Them
When you’re in a motorcycle accident, the last thing you want to deal with is a denied claim. Unfortunately, this happens more often than you’d think. Insurance companies look for any reason to reduce or deny payouts, which can leave you feeling frustrated and overwhelmed. Here are the most common reasons motorcycle accident claims get denied—and what you can do to avoid these issues.`
Key Points
1. Insufficient Evidence of Fault
Insurance companies need solid proof of who caused the accident. If you can’t provide enough evidence to show that the other driver was at fault, your claim might be denied.
How to Avoid: Make sure to gather as much evidence as possible at the accident scene. Take photos of the damage, the scene, and any injuries. Get witness contact information and call the police to file a report. These steps will help you build a strong case.
2. Delayed Medical Treatment
If you don’t see a doctor right after the accident, the insurance company might argue that your injuries weren’t serious or were caused by something else.
How to Avoid: Always seek medical care immediately after the accident, even if you think you’re fine. A doctor can document your injuries, and having those records will help your case later.
Let A Lawyer Who Rides Motorcycles Take Your Motorcycle Accident Case
Were you injured in a motorcycle accident in Las Vegas? Being in a motorcycle crash can be overwhelming, especially when faced with medical bills, lost wages, and insurance company hassles.
Lead Trial Lawyer, Kevin R. Hansen rides too. At The Law Office of Kevin R. Hansen, we understand the challenges you’re facing, and we’re here to help. We know motorcycle accident fault and negligence law.
3. Policy Coverage Issues
Sometimes, insurance policies don’t cover everything, or there may be limits on how much they’ll pay out. If your damages exceed those limits or the policy doesn’t cover certain damages, your claim may be denied.
How to Avoid: Understand your own policy limits and make sure you have adequate coverage for motorcycle accidents before getting on the road.
4. Inconsistent Statements
If your story about the accident changes, or if your account differs from the police report or witness statements, the insurance company may deny your motorcycle accident claim.
How to Avoid: Be consistent when describing the accident. Write down exactly what happened while it’s fresh in your memory. Speak with an attorney before giving any statements to the insurance company to ensure your rights are protected.
5. Missing Filing Deadlines
Motorcycle accident claims are personal injury claims. Every state has a time limit for filing personal injury claims. In Nevada, the statute of limitations is generally two years from the date of the accident. If you miss that deadline, your claim will likely be denied.
How to Avoid: File your claim as soon as possible. Contact the Law Office of Kevin R. Hansen. We will ensure that all paperwork is filed on time.
Professional and compassionate
Very professional and compassionate.
View Our Motorcycle Accident Advice Video!
Car Accident Tips
Pictures
Take pictures of the accident scene.
Identify
Identify driver and exchange information
Medical
Medical evaluation to document injuries
Legal Advice
Call Kevin Right Away and Get Legal Advice
6. Pre-existing Conditions
Insurance companies may try to argue that your pain is due to pre-existing conditions rather than the accident. It’s important to inform your lawyer of any prior health issues.
We work with your doctors to demonstrate how the accident exacerbated your pre-existing conditions. Our team can differentiate between old injuries and new ones and prove the impact of the accident on your health and life.
7. Helmet Law Violations
Nevada law requires all motorcycle riders to wear helmets. Failing to wear one during an accident can negatively affect your claim. Insurers may argue that your injuries would have been less severe had you worn a helmet.
Not wearing a helmet makes the case more challenging, but it doesn’t mean you can’t recover compensation. Our lawyers know how to handle these situations and fight for your rights.
8. Failure to Mitigate Damages
You must take steps to minimize your losses after an accident. This includes following your doctor’s instructions and attending all medical appointments.
If the insurance company can prove that you didn’t try to recover, they may reduce or deny your compensation. We guide you on how to protect your health and legal rights while recover
9. Comparative Negligence
In Nevada, if you’re found to be more than 50% at fault for the accident, you cannot recover any compensation. If you are 50% or less at fault, you can still recover damages, but your recovery will be reduced.
Insurance companies often try to blame motorcyclists, claiming you were speeding or lane-splitting. Our experienced motorcycle accident attorneys know how to combat these tactics and prove that the other driver was at fault.
10. Lack of Proper Documentation
One of the most common reasons for claim denials is insufficient proof. Police reports and medical records are crucial for your case. Without them, it’s just your word against the other driver’s.
At the Law Office of Kevin R. Hansen, we help gather all necessary documentation to strengthen your case. This includes police reports, medical records, witness statements, and any available video
Motorcycle Accidents
How to Avoid Claim Denials: Expert Advice from Kevin R. Hansen
To improve your chances of claim approval:
- Call 911 and seek medical attention immediately after the accident
- Gather evidence at the scene (photos, witness information)
- Avoid making recorded statements without consulting a lawyer
- Follow all medical advice and attend all appointments
- Keep detailed records of accident-related expenses
- Contact an experienced Las Vegas personal injury attorney as soon as possible
Speak With a Lawyer for Free
We offer Zero-Charge Case Evaluations, and a No-Win, No-Fee guarantee. Put over 25 years of Personal Injury law experience on your side with the Law Office of Kevin R. Hansen.
What to Do If Your Claim is Denied
Appeal the Denial
If your claim is denied, don’t give up. You can often appeal the decision by providing more evidence or correcting any mistakes in your application. Review the denial letter carefully and consult a lawyer to determine what went wrong.
If your claim is denied, the best next step is to consult with a lawyer. Kevin Hansen can help you understand why your claim was denied and guide you through the process of appealing the decision or filing a lawsuit if necessary.
Maximimum Compensation for Motorcycle Injuries
When dealing with Motorcycle accidents in Las Vegas, it’s crucial to understand the role of insurance companies in the fault determination process. While it’s standard procedure for victims to file a claim with their insurance company after an accident, it’s important to recognize that insurance companies may not always have your best interests at heart.
Here’s a hot tip: Talk to a lawyer before contacting any insurance company.
5 Star Rated
Top Auto Accident Attorney
Professional and compassionate
Very professional and compassionate.
They really help u
They really help u with whatever u going through they take they time helping u
Great service!!!!
Back in 2013 my first accident as a teen i called 3 different law offices 2 big name ones that have a number you can remember both of those law firms answered my call and said we will call you back 30 minutes go by and no call from them 3rd call was Kevin he him self was the one who help me threw all the steps what information to get and how to go about it this was a big help and calmed down some of the shock now its 2023 same great service!!!!
Why Do You Need an Attorney for Motorcycle Accident Claim
The reality is that we cannot stress enough the importance of having an attorney when dealing with insurance companies.
The insurance companies hope you handle your own claim. This way they control the outcome.
Trial Attorney Kevin Hansen can provide several key advantages:
- Objective Fault Assessment: A lawyer can help assess the situation objectively and determine the true extent of fault, countering any biased assessments by insurance companies.
- Expertise in Negotiations: Kevin is experienced in negotiating with insurance companies. We understand the tactics these companies may use and we are skilled in countering them to ensure fair treatment for our clients.
- Maximizing Compensation: With a deep understanding of the law and experience in similar cases, our attorneys are adept at ensuring that our clients receive the maximum possible compensation for their damages and losses.
- Court Representation: If negotiations with the insurance company fail, Kevin will represent you in court, presenting a strong case backed by evidence and 25 years of legal expertise.
Our
Experts
Lead Trial Attorney
Kevin Hansen
Kevin has spent over a quarter century representing people who’ve been injured in car accidents in Nevada. He is battle tested and trial ready.
injury attorney
Amanda Harmon
Amanda’s attention to detail and thorough case preparation are invaluable assets to our clients. She leaves no stone unturned.
What Evidence is Used to Determine Fault in Motorcycle Accidents
To determine who is at fault, your attorney will consider various elements, including:
- Police Reports: These documents provide vital details about the accident, including statements from those involved and witnesses.
- Witness Testimonies: Eyewitness accounts can offer valuable insights into the accident’s circumstances and fault.
- Conducting interviews with witnesses.
- Driving Behavior: Speeding, distracted or reckless driving can significantly influence fault determination.
- Weather Conditions: These are also considered when assigning fault.
- Reviewing medical records
- Inspecting injuries or property damage.
Real Results for Las Vegas Motorcycle Accident Victims
We’ve helped many motorcycle accident victims in Las Vegas get their claims approved and obtain fair compensation. Check out our case results to see examples of our successful outcomes.
Las Vegas Accident - InjuryCase Results
Product Liability – $5.2 Million
Motor-Vehicle Accident – $1.2 Million
Grocery Store Slip & Fall – $1.4 Million
Casino Slip & Fall – $1.4 Million
Sexual Assault – $1.34 Million
Motor Vehicle Crash – $1.4 Million
Wrongful Death – $5 Million
FAQ
Who is at fault questions and answers
A: Yes, in Nevada, you can claim compensation even if partially at fault, provided your fault level is under 51%.
A: Factors like the police report, witness statements, your driving speed, and weather conditions play a role in this determination.
A: Driving without insurance can lead to penalties like fines, reinstatement fees, and the need for SR-22 insurance.
A: An experienced motorcycle accident lawyer is essential for safeguarding your rights and ensuring just compensation in a fault-based system like Nevada’s.
One of the first tasks we will do is to notify the parties of your claim and require the preservation of evidence (video, reports, documentation of damages, med reports, etc).
Why Choose the Law Office of Kevin R. Hansen for Your Motorcycle Accident Claim
With over 25 years of experience handling personal injury cases in Las Vegas, Kevin R. Hansen offers:
- Free consultations and no fees unless we win
- Aggressive negotiation to maximize compensation
- Direct communication with attorneys, not assistants
- Extensive experience with motorcycle and car accidents
- A proven record of winning cases
Español de México