A motorcycle accident can change everything in an instant. One moment, you’re enjoying the open road—then suddenly, you’re facing serious injuries, medical bills, and a long battle with the insurance company.
If you’ve been involved in a motorcycle accident in North Carolina, you may expect your insurance to cover your losses, but many riders quickly discover that insurance companies don’t always make the process easy.
Understanding Your Rights in a North Carolina Motorcycle Accident Insurance Claim
North Carolina follows an “at-fault” system when it comes to vehicle accidents, meaning the party responsible for the crash is also responsible for covering damages. However, insurance companies often try to reduce or deny claims, leaving injured riders struggling to get the compensation they need.
If you’re dealing with an insurance claim after an accident, understanding how liability, policy limits, and insurance tactics can impact your case will help you get the maximum compensation.
Common Insurance Tactics to Watch For
Insurance companies operate as businesses, which means they often focus on protecting their bottom line. After a motorcycle accident, you might encounter these common strategies:
- Blaming the Rider: Adjusters may argue that you were partially or fully responsible for the accident, citing North Carolina’s contributory negligence law, which bars recovery if you’re found even 1% at fault.
- Downplaying Injuries: Insurers may question the severity of your injuries, requiring excessive medical documentation or pressuring you to settle before you understand the full extent of your medical needs.
- Delaying the Process: Some insurance companies use stall tactics, hoping you’ll become frustrated and accept a low settlement out of desperation.
- Quick, Lowball Offers: Initial settlement offers may seem tempting but often don’t account for long-term medical expenses, lost wages, or ongoing rehabilitation.
Steps to Take When Facing an Insurance Dispute
If you’re struggling with an insurance claim after a motorcycle accident, there are steps you can take to protect your rights and increase your chances of a fair resolution.
Gather Strong Evidence
Documentation is key to countering insurance company tactics. Collect and keep:
- Police reports from the accident scene
- Medical records detailing your injuries and treatment
- Photos of your injuries, motorcycle damage, and accident scene
- Witness statements or contact information
Be Cautious When Communicating with Insurance Adjusters
Anything you say to an insurance adjuster can be used to minimize your claim. Stick to the facts and avoid:
- Admitting fault, even casually (e.g., “I didn’t see them coming”)
- Speculating about the accident details
- Agreeing to a recorded statement without legal guidance
Don’t Settle Too Soon
Initial settlement offers rarely reflect the full value of your claim. Before accepting any payout, consider any current and future medical expenses, lost wages and reduced earning capacity, and any pain and suffering damages
Once you accept a settlement, you generally waive your right to pursue further compensation.
Get Experienced Legal Help
Insurance companies count on you not having experienced counsel on your side. Industry statistics show that individuals who have an experienced motorcycle accident lawyer on your side get a 3x higher settlement amount on average.
How Paynter Law Can Help
When insurance companies refuse to pay what’s fair, having an experienced advocate on your side can make all the difference. At Paynter Law, we understand the unique challenges motorcycle accident victims face, from severe injuries to unfair blame-shifting by insurers.
We handle negotiations with insurance companies, build strong cases backed by evidence, and fight for the full compensation you deserve.
If you’re dealing with a North Carolina motorcycle accident insurance claim, don’t navigate this process alone. Contact us today to discuss your case and explore your options.