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What if the Other Party Denies Liability in the Motorcycle Accident?

Motorcycle accidents can cause financial difficulties and serious injuries. Insurance claims are usually filed to get compensation for bike repairs, medical bills, and other damages. 

However, insurance companies might deny claims for many reasons. In such instances, it is vital to know the appeals process, taking the necessary steps to fight for your rights.

It can be discouraging if the insurance claim for your motorcycle accident is denied. In this blog, we will discuss why a claim might be denied and the steps to take in appealing a denied motorcycle accident insurance claim. This vital information, as well as working with a Denver motorcycle accident attorney, could help increase your odds of overturning your appeal.

Understanding Motorcycle Accident Claims

Before getting into the appeals procedure, it’s vital to have a solid understanding of how motorcycle accident claims operate. When you are in a motorcycle accident, you must collect evidence to support your claim including:

  • Photographs
  • Police reports
  • Witness statements
  • Videos
  • Medical records

These types of evidence help determine liability and verify the scope of your damages and injuries.

Reasons for Claim Denial

Insurance companies could deny a motorcycle accident insurance claim for many reasons. Some common ones include:

Lack of sufficient evidence: If you do not have significant evidence to support your claim, the insurance company could deny it.

Policy exclusions: Specific policy exclusions, like not having comprehensive coverage or riding without a valid license, could get your claim denied.

Pre-existing conditions: The insurance company could argue that your injuries happened before the accident, denying your claim centered on pre-existing conditions.

Late reporting: Missing the deadline to file your claim or neglecting to report the accident immediately could cause a denial.

Undecided liability: If there is a difference of opinion pertaining to who is at fault, the insurance company could deny your claim until a decision is made regarding liability for the accident.

Lack of supporting evidence: The insurance company will do its own investigation into your motorcycle accident to establish liability. If your claim is lacking sufficient evidence to substantiate that the other party caused your injuries, the other party’s insurer could deny liability on those grounds. You might need to gather more evidence, like cellphone video recordings, before filing an appeal.

The amount for your damages exceeds policy limits: As your Denver motorcycle accident attorney, our team will begin the appeal process on your behalf by examining the insurance policies of both yours and the defendants.

This is critical because based on what policies were bought, the insurer could deny your claim if you have inadequate coverage for the damages you’re claiming.

Can I File an Appeal with The General Insurance?

If you don’t agree with the insurance company’s rationalization after evaluating the dismissal, you could appeal to them to reevaluate their decision. This would entail explaining why you think your motorcycle accident insurance claim is valid.

You must also resubmit the evidence you offered in the previous claim including:

  • Doctor’s opinions
  • Police reports
  • Medical records
  • Dashcam recordings
  • Surveillance footage
  • Auto repair invoices

At The Scene of The Accident and Directly Afterwards

Regardless of being injured or not, call the police immediately. This will give you a record of the fact that a crash happened, who is responsible for the crash, and give you the other driver’s insurance information.  Regrettably, if you do not call the police, there are times when the other driver will make an apology to you at the scene and confess it is their fault, only to change their mind later.  Having the question of fault documented by the police makes it more likely and way harder for the other driver to alter their story and refuse responsibility.

If the police aren’t called, you will lose your chance to have the incident and fault documented. When the insurance companies get involved, if there isn’t a police report, it usually will end up being your version of events versus the other drivers. Their insurance company will probably deny responsibility, which gives you a new aggravation to deal with besides the accident.

Even if the police are called, you must ensure there is a record of your version of events made known to the officer. If the officer doesn’t ask you to provide a written statement, it is typically a good idea to write down your version immediately after an accident. You cannot always depend on the officer comprehending your version or correctly noting what happened.

If there are witnesses to the accident, try to get their contact information. This is a must whether the police are called or not. Sometimes, the police do not get witness information and put it in the accident report. This is particularly true if the officer does not think the witness information is needed since the officer feels the fault for the crash is evident. Don’t presume that the insurance company for the at-fault driver will view the accident the same way as you and the police officer.

Remember, if you don’t get witness information at the scene of the accident, you won’t get another chance to do so.

If the Insurance Company Denies Liability

If the at-fault insurance company denies liability for the accident, there are some things you need to do to fight them in the situation. You’ll need to get supporting evidence including:

  • Detailed photos of the accident and the surrounding areas
  • Pictures of your motorcycle and the other vehicles involved in the incident
  • A copy of the police report (hopefully it specifically states the other motorist was at fault for the accident)
  • Detailed statements and contact information from witnesses
  • Access to any traffic cameras or security cameras in the area

Since this process needs to be done with accuracy to guarantee compliance, an experienced Denver motorcycle accident attorney is vital to your success.

The insurance company has already shown themselves to be antagonistic if they’ve refuted your claim. Therefore, they aren’t likely to take an unrepresented claimant seriously.

Steps to Appeal a Denied Motorcycle Accident Claim

If your motorcycle accident insurance claim is denied, here are some steps to appealing the decision:

Collect All Relevant Documents

Collect all the pertinent documents related to your accident, including witness statements, police reports, medical records, information from the insurance company, and repair estimates. These documents will make your case stronger during the appeals process.

Review Your Insurance Policy

Meticulously review your insurance policy to know the exclusions and the coverage. Learn the terms and conditions that apply to your claim. This information will help you decide if the denial is correct or if you have bases for an appeal.

Contact Your Insurance Company

Contact your insurance company and find out the reason for the denial, asking for a detailed explanation for the decision. This will help you see any discrepancies that can be corrected in your appeal.

Seek Legal Representation

Consider getting a Denver personal injury attorney who specializes in motorcycle accidents. An experienced legal professional can offer important insights, review your case, and represent you during your appeal. They will ensure your rights are protected and fight for the compensation you deserve.

File an Appeal Letter

Write a formal appeal letter to your insurance company. Plainly state the reasons why you feel the denial was wrong. Include all supporting evidence, appropriate facts, and additional information that makes your case stronger. Be professional and succinct in your appeal.

Prepare for the Appeals Process

Once you have submitted your appeal, be ready for the next steps in the appeals process. Get to know the requirements, procedures, and timelines. Keep in frequent communication with your insurance company and attorney to stay updated on the status of your appeal.

Should I Hire an Attorney?

If you were injured and accountability for the accident hasn’t been accepted, then you should get help from a knowledgeable Denver lawyer who specializes in motorcycle accidents.

A skilled lawyer can lead you through the whole process, including a lawsuit if it comes to that. Furthermore, dealing with the insurance companies and obtaining information is best left to an experienced attorney. An attorney typically has other resources such as accident reconstruction experts and private investigators to get more pertinent facts about the case.

Call Today to Schedule a Free Consultation

If insurance denies your motorcycle accident claim, that does not mean you should give up on getting compensated, especially if the other motorist was at fault. A motorcycle accident lawyer from Lampert and Walsh can serve as your legal representative, directing you through the claims process.

We can assist you in filing an appeal after preparing your claim, supporting your right to get financial compensation. If necessary, we might suggest that you file a lawsuit. Call today to schedule a free consultation. We’ll talk over your legal options, then we’ll discuss strategies we might use to solidify and strengthen your case.

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