Strangely enough, insurance adjusters are trained to deny claims where a motorcyclist avoids an imminent impact with a negligent driver by laying down the bike.
Ironically, the truly best riders know that laying a bike down to avoid or minimize the consequences of a collision is an act of control and perfect instinct. Nevertheless, every major insurance company seemingly trains their adjuster to deny claims where the cyclist laid down his or her bike by claiming that the incident was not the negligent driver’s fault because “the cyclist lost control of the bike.”
At my firm, we have made a sub-specialty of taking these cases and pursuing these poor claims handling decisions in court. We are fond of asking the claim adjuster who made the denial if they have experience riding a motorcycle. Not surprisingly, when they inform us that they do not have experience, we ask them about any training they have done either locally or nationally consistent with what a cyclist has to do to get a license to ride a motorcycle. Again, not surprising, they usually have no such experience.
In fact, almost universally, the basis of the claims denial is not rationally based on motorcycle training or experience, but instead is simply based on what their supervisors tell them to do. When we question the supervisor, we again discover little personal experience or motorcycle training. Instead, it simply turns out that their supervisors passed down this instruction. And so on and so forth.
When possible, we turn these improper denial cases into bad faith or unreasonable denial claims against insurance companies. Insurance companies continue to profit from denying these claims because too few people stand up for their rights.
We at Anderson Hemmat & McQuinn are here for motorcyclists who are unwilling to accept a denial of their legitimate personal injury claims under these circumstances. If you are a motorcyclist who has been injured due to the negligence of another driver, please call and speak with one of our attorneys today.