Handling Insurance Company Biases Against Motorcyclists to Secure Compensation After an Accident

Steven A. Bagen | April 3, 2025 | Motorcycle accident

For motorcyclists, the road symbolizes independence and adventure. However, when accidents occur, that same road can quickly become a battleground, with riders facing not only physical injuries but also the added challenge of handling insurance company biases against motorcyclists.

This persistent prejudice from insurers, fueled by outdated stereotypes and unfair assumptions, often leads to undue blame and reduced payouts. These biases create significant emotional, financial, and legal hurdles for riders during an already difficult recovery process.

Fortunately, experienced our Gainesville motorcycle accident lawyers understand how to challenge these injustices, so riders receive the compensation they need.

 

Why Handling Insurance Company Biases Against Motorcyclists Matters

Understanding the roots of insurance bias helps illuminate just how unjust and harmful these practices can be for motorcyclists.

Whether stemming from outdated stereotypes, a misuse of accident data, or simply a systemic mistrust of two-wheeled vehicles, these biases affect how claims are evaluated and managed.

1. Persistent and Harmful Stereotypes

For decades, motorcyclists have contended with the damaging perception that they’re inherently reckless. Movies, TV shows, and cultural narratives often depict bikers as outlaws or thrill-seekers who defy societal norms and safety rules.

While most riders are safety-conscious and law-abiding, these stereotypes continue to influence insurance companies. Claims adjusters unnecessarily question a motorcyclist’s judgment simply because they chose this mode of transportation.

Instead of reviewing accidents objectively, insurers may assume that risky behavior or negligence automatically played a role, even when evidence suggests otherwise.

2. Misinterpreted Statistics

Another driving bias is the misuse of motorcycle accident statistics. Yes, motorcyclists are more likely to suffer severe injuries in collisions, but this has less to do with behavior and more to do with exposure.

A car provides a steel frame, airbags, and other features that protect occupants from impact, while a motorcycle leaves riders exposed. What insurers often omit from the conversation is how many motorcycle accidents are caused by car and truck drivers.

Common crash scenarios, such as drivers making left turns in front of motorcycles or merging into their lanes without looking, are rarely the rider’s fault. Yet, insurers may still attempt to place blame on the motorcyclist.

3. Weaponized Comparative Negligence

One of the ways bias manifests is through the use of comparative negligence. This legal principle allows fault to be split between parties involved in an accident. While this is fair in theory, insurers often twist it to their advantage.

For example, a motorcyclist might be assigned partial blame for failing to avoid an accident, even if the crash was caused by another driver’s reckless behavior. The result? A reduced settlement.

4. Helmet Bias and Injury Reduction

Another unfair assumption insurers lean on relates to helmet use. If a rider isn’t wearing a helmet, adjusters often argue that the injuries could have been avoided or that the lack of a helmet is a contributing factor to the accident.

This logic is deeply flawed, as it places undue focus on the motorcyclist’s gear rather than the other party’s negligence. Even in states that don’t mandate helmets, riders may find themselves vilified in claim negotiations.

This tactic shifts focus away from the at-fault driver and unfairly impacts settlement outcomes.

Real-World Consequences of Motorcycle Insurance Bias

These biases create significant, tangible problems for motorcyclists. From financial strain to emotional stress, the impact can be lasting.

1. Financial Devastation

Motorcycle accidents often cause extensive injuries, leading to costly medical bills

and long-term rehabilitation needs. Bias-ridden insurance practices jeopardize riders’ ability to cover these costs by undervaluing claims or denying them altogether.

Reduced settlements force riders to pay out of pocket for expenses that should be covered by the at-fault driver’s insurance.

2. Emotional Trauma

The aftermath of an accident is emotionally draining, especially when insurance companies treat riders like they’re at fault. Motorcyclists who are injured, hospitalized, or grieving the loss of their bike often feel further victimized by a system that refuses to see them as legitimate claimants.

Imagine already being in pain or unable to work, only to have someone question your credibility or judge your lifestyle. This emotional toll delays recovery and adds another layer of hardship to an already difficult period.

3. Difficulty Accessing Adequate Coverage

Even before an accident occurs, motorcyclists face hurdles in securing sufficient insurance coverage. Many policies for riders have limited options, higher premiums, or exclusions that car owners don’t encounter.

After an accident, riders may find themselves stuck with policies that don’t cover all the damages they’ve incurred, further worsening their financial situation.

Fighting Back Against Motorcycle Insurance Bias

While insurance companies hold significant power, motorcyclists aren’t powerless in these situations. Riders can take proactive steps after a crash to protect themselves and improve their odds of receiving fair compensation.

1. Gather Evidence Immediately

Strong, irrefutable evidence is the most effective counter to handling insurance company biases against motorcyclists. Riders (or their legal team) should document the accident scene thoroughly. This includes:

• Taking clear photos of the crash site, vehicles involved, road conditions, and injuries sustained.
• Getting names and contact information for witnesses.
• Securing the police report as soon as it’s available.
• Keeping all medical records, bills, and receipts related to treatment.

The more proof you have, the harder it becomes for insurance adjusters to twist the narrative.

2. Understand Your Policy

Many riders unknowingly sign policies with exclusions or limitations that don’t adequately protect them in an accident. While it may be too late to revise your policy post-accident, understanding its terms can help you avoid falling into traps during negotiations.

For instance, knowing whether your policy covers personal injuries can prevent you from unknowingly accepting a low settlement offer.

3. Challenge Fault Assignments

If an insurer assigns significant fault to the motorcyclist, don’t accept this without a fight. A motorcycle accident lawyer can help dissect the evidence and challenge these findings.

For example, if the insurer claims the rider was speeding, camera footage or witness testimony might reveal that the other vehicle ran a red light or failed to yield.

4. Call an Experienced Motorcycle Accident Lawyer

Perhaps the single most important thing a motorcyclist can do post-accident is consult with a lawyer. Skilled motorcycle accident attorneys know the challenges riders face and have strategies for addressing bias head-on.

The Role of Lawyers when Handling Insurance Company Biases Against Motorcyclists

Motorcycle accident lawyers know how to take on unfair practices riders encounter. Their experience in addressing insurance bias against motorcyclists provides essential relief during a difficult time.

1. Countering Bias with Evidence

Motorcycle accident attorneys work to dismantle biases by building strong cases grounded in evidence. Whether by hiring accident reconstruction experts or highlighting inconsistencies in fault allocation, they ensure the facts take center stage, not stereotypes.

2. Pushing for Fair Settlements

Negotiating with insurance companies can feel like hitting a brick wall, especially if they’re unwilling to offer a reasonable settlement. Knowledgeable motorcycle accident lawyers know these tactics well and aren’t intimidated by lowball offers.

By leveraging legal pressure and demonstrating a willingness to litigate, attorneys encourage insurers to offer fairer payouts.

3. Offering Advocacy and Emotional Support

Fighting for compensation while recovering from injuries is an overwhelming process for most riders. Attorneys shoulder the legal burden so their clients can focus on healing. They ensure riders’ voices are heard, and rights are respected.

FAQs About Motorcycle Accident Claims

Filing a motorcycle accident claim can be overwhelming, especially when dealing with insurance bias and the aftermath of a traumatic event.

Here are answers to some of the most common questions motorcyclists have about the claims process to help you feel informed, confident, and prepared.

1. What Compensation Can I Claim After a Motorcycle Accident?

Motorcyclists can seek compensation for a variety of damages, including:

• Medical Expenses: These include hospital visits, surgeries, therapy, and any ongoing care related to accident injuries.
• Lost Wages: If you’re unable to work due to your injuries.
• Property Damage: For the repair or replacement of your motorcycle and gear.
• Non-Economic Damages: Pain, suffering, and emotional distress.
• Future Costs: Anticipated medical bills and lost earning potential if your injuries lead to long-term consequences.

2. Does My Insurance Cover Motorcycle Accessories and Gear?

It depends on your policy. Some insurance plans include coverage for accessories like helmets, saddlebags, and protective gear, while others require riders to purchase additional coverage. Check your policy documents or speak to your agent to confirm.

3 Should I Accept the First Settlement Offer From the Insurance Company?

No, insurance companies often start with a lowball offer to minimize their payout. Your lawyer will review their offer carefully, calculate the full extent of your damages, and provide evidence to support your counteroffer.

4. How Long Does it Take to Resolve a Motorcycle Accident Claim?

The time frame for resolving a claim depends on the case and the willingness of the insurance company to negotiate. Generally, it can take anywhere from a few weeks to several months. Claims involving serious injuries or disputed fault may take longer, especially if litigation becomes necessary.

Handling Insurance Company Biases Against Motorcyclists: Closing Thoughts

Insurance bias against motorcyclists is a frustrating and deeply entrenched problem. These practices exacerbate the harm riders experience after accidents, from diminished finances to delayed recovery. But with the right actions and strong legal representation, motorcyclists can overcome these challenges.

At Steven A. Bagen & Associates, P.A., we’re passionate advocates for riders’ rights. Our motorcycle accident lawyers work tirelessly to hold insurers accountable, demand fair settlements, and ensure that motorcyclists recover the compensation they deserve.

If you’re fighting an uphill battle against insurance bias, don’t go it alone. Contact us today for a free consultation and take the first step toward justice.