When Actively Avoiding An Accident Can Cost You: Laying Down Your Motorcycle To Prevent A Direct Collision

Posted by Jeremy Rosenthal | Mar 31, 2016 | 0 Comments


Some of the best and most experienced riders know that laying down your motorcycle to avoid an accident or with a negligent driver or minimize the impact is an act of control and great safety technique. Nevertheless, you may be shocked to know that when you do so, you may be asking for a denial of your insurance claim.

That's right, most insurance adjusters who work for the major insurance companies are actually trained to deny claims of motorcyclists who lay down their bikes to avoid a collision on the theory that you lost control of your motorcycle – not that the other driver was negligent and at fault.

This counterintuitive and bad insurance claim practice typically has nothing to do with the circumstances surrounding your accident, or the actions of you or the other driver. Rather, because insurance companies are in the business of making money which necessarily involves reducing the amount insurers pay out and denying claims altogether, insurance company supervisors advise their adjusters to deny these types of claims. For this reason, if you laid down your motorcycle to avid or minimize a car accident, you should consult with aknowledgeable personal injury attorney right away.

In these cases, your attorney will know the right questions to ask your insurance adjuster(s) and their supervisors. This line of questioning revolves around the knowledge adjusters and supervisors have with riding or operating a motorcycle, safety techniques employed by cautious motorcyclists and the specific state requirements for obtaining a motorcyclist's license. Unsurprisingly, most adjusters and supervisors are unfamiliar with these regulations and are unable to provide intelligible answers. This will work to your advantage.

First, by eliciting this testimony from insurance provider employees, it will become evident that the investigation into your insurance claim is not credible and at best, incomplete. If the insurance company realizes the error in its ways prior to your filing a lawsuit, then the insurer will be far more likely to revisit your claim and approve it.

Second, in the event the insurance company continues to baselessly deny your claim, your attorney can file a bad faith or unreasonable denial lawsuit against the insurance company. If successful in pursuing this claim, you may not only receive damages that you sustained in the initial accident, you may also be able to recoup punitive damages, or a potion of punitive damages, for the insurance company's bad faith and unfair conduct.

If you have suffered damages in a motorcycle accident, whether you laid down your bike or not, you need to contact a personal injury attorney right away to fight for your rights. The experienced personal injury attorneys at the Law Office of Jeremy Rosenthal offer free consultations to all injured people and their families. Our attorneys will evaluate your case, and let you know what your legal options are – whether that means a negotiated settlement or a personal injury lawsuit.

Contact the experienced attorneys at the Law Office of Jeremy Rosenthal today at (303) 647-4511 or visit us online.

About the Author

Jeremy Rosenthal

Attorney Jeremy Rosenthal is dedicated to helping his clients seek just compensation for their injuries regardless of the lengths he has to go to or the distances he may have to travel in order to get it.


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