Motorcycle accidents are a common occurrence in the state of Texas. According to the Texas Department of Transportation (TxDOT), in 2024, 581 motorcyclists died and 2,534 suffered serious injuries in motorcycle crashes. Some of the most common causes of motorcycle accidents in Texas include speeding, impaired driving, distracted driving, and failing to yield the right-of-way.
The good news, however, is that after a Texas motorcycle accident, you may be eligible to file a personal injury claim with the at-fault driver’s insurance company and seek compensation. But the truth is that insurance companies are not looking out for claimants. The other driver’s insurance company will not be looking to protect your best interests. Insurance companies are focused on protecting their bottom line. Because we care about you and want to ensure you receive the compensation you deserve, the following are some of the things insurance companies don’t want you to know after a motorcycle accident.
Insurance Companies Use Bias Against Motorcyclists
One of the truths insurance companies do not want you to know is that it is not uncommon for them to have biases against motorcyclists. Like many other people, insurance companies still perceive riders as reckless or irresponsible. An insurance adjuster may try to argue that you were at fault simply because you are a motorcyclist, even when the evidence shows otherwise.
Unfortunately, this bias can sometimes lead to lower settlement offers, unfair treatment, or even denied claims. As a motorcyclist, it is vital to understand these biases and how to handle them to ensure you receive fair compensation. In Texas, this matters because the state follows the comparative negligence law. Under this rule, your compensation could be diminished if you are found partially liable for your accident.
They Will Use Your Statements Against You
Insurance adjusters can twist whatever you say to them and use it against you. Your words can be twisted to suggest fault, regardless of how harmless they seem. Here is what NOT to say when an adjuster calls you after a motorcycle accident;
- Don’t give a recorded statement
- Don’t downplay your injuries
- Don’t speculate or discuss fault
- Don’t apologize
For example, if you say “I am sorry,” your statement could be interpreted as an admission of guilt and used to reduce or deny your claim.
The First Settlement Offer is Almost Always Too Low
Getting a quick settlement offer from the other driver’s insurance company can be exciting. However, while it is understandable to want to settle your case quickly, you should not be quick to accept the first settlement offer. Usually, the first settlement offer is low.
Insurers often present a quick settlement offer before you have fully understood the extent of your injuries and damages. They present a quick offer before you have had time to consult an attorney. When the other driver’s insurance company calls you with an offer, politely ask for time to consult an attorney.
Motorcycle accidents can result in severe injuries, such as head or brain injuries, internal injuries, multiple fractures, and spinal cord injuries. These injuries can have a lasting impact. Rarely does the initial offer account for future expenses, like future medical expenses and diminished earning capacity.
Note: Once you accept an offer, you usually cannot go back and ask for more money for the same injury.
You Don’t Have To Provide More Information Than Necessary
After a motorcycle accident in Texas, it is crucial to know that you do not have to provide more information than necessary to the at-fault driver’s insurance company. For example, insurance adjusters often try to access a claimant’s full medical history. You are not legally obligated to provide access to your full medical history, and doing so can hurt your claim.
You are also not obligated to;
- Provide a recorded statement
- Admit fault
- Answer questions about unrelated health issues
Insurance Companies Use Delay Tactics
Insurance companies do not want you to know that they may intentionally stall the claims process by employing several tactics, including the following;
- Requesting excessive documentation
- Changing adjusters without cause
- Failing to respond in a timely manner
- Stilling the investigation process.
Usually, insurance companies use these delay tactics, hoping you will become desperate enough to accept a low offer.
The True Value of Your Claim
Since insurance companies are focused on making profits, just like any other business, they know that if you understand the true value of your claim, you are far less likely to accept a lowball settlement. The insurance company might try to make you believe you are only eligible to recover immediate medical bills and bike repairs. The truth is that you could be entitled to far more than that, including compensation for;
- Future medical expenses
- Lost earning capacity
- Pain and suffering
- Emotional distress
Unfortunately, many motorcyclists do not have this knowledge and settle for far less than they deserve.
You Should Work With an Attorney
After a motorcycle accident, one of the most vital steps is hiring an attorney. But insurance companies do not want you to know this. The insurance company might make it seem like they are on your side, but as discussed earlier, this is not true. It is in your best interest to retain a skilled attorney
Our skilled Dallas motorcycle accident attorney can;
- Investigate your accident
- Calculate the actual value of your claim
- Push back against unfair insurance tactics
- Handle negotiations
- Represent you in court, if necessary
The insurance company will have a team of adjusters and attorneys working for them. Hiring a lawyer to represent you will level the playing field.
Ready to Protect Yourself?
A motorcycle accident can change your life in an instant. And while the at-fault driver’s insurance company may act like they are trying to assist you, the reality is that insurance companies are only focused on protecting their bottom line. As a result, it can be challenging to work with insurance companies. Fortunately, you do not have to handle the claims process alone. At the law office of Luis A. Perez, PC, we have helped countless motorcyclists in Dallas and across Texas to fight back against cunning insurance companies. We can help you fight and recover the compensation you need and deserve. We know the unique challenges motorcyclists face and are here to walk with you every step of the way. Contact us today to schedule a consultation if you have been injured in a motorcycle accident.