After a motorcycle accident, it is quite common that people turn to their insurance company for help in filing a claim. They believe their insurer is there to support them, guide them, and make it right. Yet, this couldn’t be further from the truth.
An insurance adjuster's goal is to close the case for the least amount possible. One of the ways they may do this is by delaying your motorcycle accident claim. This makes having a motorcycle accident attorney critical.
How Insurance Companies Delay Cases
Insurance companies may try to delay your case for as long as possible. To do this, they may take various steps to limit the overall ability you have to receive compensation. There are many examples of this. Here are a few:
- Denying or limiting liability. In some cases, the insurance company may try to deny they have liability in the case. They may force the plaintiff in the case to prove negligence and that that negligence led to the losses. Arguments of lack of duty of care, for example, may aim to show that the defendant had no requirement to the motorcycle rider and shouldn't have to pay.
- Claiming lack of evidence. Insurance companies may try to limit their liability by claiming that the plaintiff has not provided evidence of their loss or that certain injuries are not the result of the motorcycle accident. This may be an attempt to reduce what is paid out in the claim.
- Minimizing injuries. Another tactic is to minimize the extent of a person's injuries. This may be done by showing photos from your social media of your ability to do things like golf or go on vacation. Other times, they may try to use medical records to refute claims you've made.
- Adding delays to increase frustration. Sometimes, insurance companies may try to simply delay the claim by pushing off responses or not calling back. They are hoping you will eventually settle for a smaller claim.
Why Insurance Companies Delay Cases
Insurance companies know that people are impatient and not knowledgeable about the legal process after an accident. They aim to delay the case as much as possible with the goal of frustrating you enough that you want to just settle the case so you can move on with your life. Other times, they may want to have more time to develop evidence to refute your claims.
Another reason for this is pushing the case beyond the two-year mark to file a claim in a court of law. If the statute of limitations passes, it may be impossible to file a lawsuit against the company—meaning they can deny your claim and you cannot receive compensation.
What You Can Do to Overcome the Risk of Insurance Company Delays
The best way to avoid this is to work with a motorcycle accident attorney. An attorney will ensure that all information is provided, no mistakes are made in the process, and all forms are processed long before the two-year mark. They also work closely with you to minimize any risk that you'll say the wrong thing or create any level of suspicion that could further delay the case.
Without an attorney working to represent you, you may be unable to move your case along fast enough. However, once an attorney is in hand, insurance companies recognize that they cannot push your any longer and that you're serious about your claim. That's going to encourage them to work with you and, in some cases, help you get your compensation sooner.
At the Law Office of Matthew A. Lathrop, PC, LLO, our team works diligently to protect your rights and minimize the complications insurance companies often cause. Don't put off getting help for your case—it could cost you. Instead, schedule a consultation with our team to get all of the details you need. Call for an appointment today.