Fighting Back When Motorcycle Accident Claims Are Denied

Motorcycle accidents often result in life-altering injuries, and filing an insurance claim is typically one of the initial steps toward securing financial relief for medical bills, lost wages, and pain and suffering. However, there are instances when a motorcycle accident claim is denied. Denials can be both frustrating and overwhelming, especially in the aftermath of serious injuries. Here are the common reasons insurance companies deny motorcycle accident claims and the steps you can take to challenge the denial.

Reasons That Motorcycle Accident Claims Are Denied

Insurance companies may deny motorcycle accident claims for a wide variety of reasons. Understanding these common reasons can help you build a stronger case and avoid claim denial in the future.

Failure to Report the Accident in Time

Most insurance policies contain a clause requiring you to report an accident to the insurer within a specific timeframe. This notification period allows the insurer to investigate the accident while the evidence is still fresh. If you fail to notify the insurer within the required timeframe, they may consider it a breach of the policy’s terms. As a result, the insurer could use the delay as a reason to deny your claim, arguing that the late notice hindered their ability to assess the accident accurately and verify your injuries or damages.

Insufficient Evidence

Insurance companies require you to provide strong evidence to validate your claim. Without proper documentation, such as a police report detailing the incident, witness statements corroborating your account, medical records showing the nature and severity of your injuries, and photos from the accident scene capturing property damage and road conditions, the insurer might say that there is insufficient evidence to support your claim. Or, the insurer could suggest that the lack of documentation raises doubts about the validity of the claim or the extent of the injuries sustained.

Lack of Coverage 

Some drivers involved in motorcycle accidents may not have proper insurance or inadequate coverage. If the at-fault party is uninsured or underinsured, it may complicate the claims process, especially if you are relying on your own motorcycle insurance for compensation.

Policy Lapse

If your insurance policy was not active at the time of the accident, the insurer can claim that you do not have coverage and deny your claim based on non-coverage. A policy can lapse for several reasons, including missed premium payments, failure to renew the policy, or cancellation due to non-compliance with policy terms. Even a brief lapse in coverage can provide the insurer with a legitimate basis to deny your claim.

What To Do About A Denial of Motorcycle Accident Claim

If your motorcycle accident claim is denied, there are steps you can take. Here is what you should do once you have been notified of the denial.

Understand The Reason For Denial

Carefully read the denial letter to understand the specific reasons for the rejection. Insurance companies are required to provide a clear explanation of why a claim was denied, whether it is due to lack of coverage, insufficient evidence, missed deadlines, or other factors. Take note of any deadlines for appealing the decision. Missing these deadlines can jeopardize your ability to pursue further action.

Build Your Case

Gathering and organizing all relevant evidence related to the accident and your injuries can help you build a strong case against the insurer’s denial. Collect police reports, medical records, and bills, along with photographs of the accident scene and your injuries. Include witness statements and repair estimates for your motorcycle to further support your claim. Presenting this evidence effectively can counter the insurer’s reasons for denial.

Ask For A Review

Contact the insurance adjuster and request a review of the denial. Be prepared to discuss the reasons for the denial and provide any additional evidence or documentation that addresses these reasons. Keep a record of all correspondence, including emails, letters, and phone calls.

File An Internal Appeal 

If the insurer upholds its denial after the initial review, you may have the right to file an internal appeal to challenge the decision. The appeal process allows you to present additional information and clarify any misunderstandings regarding your claim. Be sure to carefully follow the insurer’s specific appeal procedures, which typically involve submitting a written request for appeal within a designated time frame. This request should include relevant supporting evidence that disputes the insurer’s findings, such as updated medical records, repair estimates, witness statements, or photographs of the accident scene. Additionally, provide a detailed explanation outlining why you believe the denial was incorrect, citing specific evidence that directly contradicts the insurer’s reasons for denial. You will want to clearly state how the evidence substantiates your claim and addresses any gaps or inconsistencies the insurer raised.

The Insurance Company Still Denied My Claim–What Now?

If you believe your claim was wrongfully denied, you may have other options to challenge the insurer’s decision and pursue the compensation you deserve. One potential course of action is filing a bad-faith insurance claim. This applies when the insurer unreasonably denies your claim without a valid reason, fails to conduct a thorough investigation, or engages in deceptive practices intended to avoid paying out on a legitimate claim. 

Another option involves arbitration or mediation, which some insurance policies require as a method of dispute resolution. These processes provide a structured but less formal setting than a courtroom and can offer a quicker, more cost-effective way to resolve disputes with the insurer. 

Contact an Experienced Motorcycle Accident Attorney 

When a motorcycle accident claim is denied, it is a setback. However, it is not necessarily the end of the road. Consulting with an experienced personal injury attorney is the next best step. With legal representation by a motorcycle accident attorney, you can level the playing field against the insurance company and significantly improve your chances of obtaining a favorable outcome.