Fighting Insurance Bias Against Bikers
When a car and a motorcycle collide, too many people are quick to assume the bike rider must be at fault. But real-world statistics tell a very different story. According to the National Highway Traffic Safety Administration, “In two-thirds of the multiple-vehicle crashes, the driver of the other vehicle violated the motorcycle right-of-way and caused the crash.”
Despite this, motorcyclists often face an uphill battle when seeking justice after a crash, especially when it comes to dealing with insurance companies. Misconceptions and bias can stack the deck against riders, but there are ways to push back—and Rutter Mills is here to help.
The Bias Against Motorcyclists When a Crash Occurs
Motorcyclists are often viewed through a distorted cultural lens. There’s a widespread assumption that people who ride motorcycles are inherently reckless thrill-seekers who weave through traffic, ride too fast, and invite danger by choice. These assumptions can lead to unfair conclusions about what caused a crash and who should be held responsible.
Even when a motorcyclist follows the law, rides safely, and is clearly not at fault, many people react to their injuries with a shrug and a sentiment that boils down to, “Well, what did you expect?” This attitude fuels a lack of urgency around justice for injured riders. It can influence everyone from police officers to insurance adjusters, making it harder for injured motorcyclists to be treated fairly.
Insurance Company Tactics Used Against Motorcyclists
Insurance companies often take advantage of the bias against motorcyclists with a set of familiar tactics designed to limit compensation and undermine their credibility:
- Assigning fault to the rider without real evidence. Insurance adjusters may assume the motorcyclist was speeding or maneuvering dangerously, even when crash data or witness accounts say otherwise.
- Minimizing the seriousness of injuries. Despite medical documentation, adjusters may argue that injuries aren’t as severe as claimed, especially if they involve road rash, soft tissue damage, or non-visible trauma.
- Mischaracterizing how motorcycles function. Many adjusters either don’t understand or deliberately misrepresent key aspects of motorcycle operation. This can include:
- Underestimating stopping distances for heavier bikes.
- Ignoring how a motorcycle’s braking pattern can differ from a car’s.
- Dismissing how engine noise and visibility might actually make motorcycles more noticeable—not less.
- Assuming that gear-shifting implies excessive speed, when in fact, it may show the rider was traveling at a reasonable pace.
Without legal representation, motorcyclists are left to face these biases and tactics alone. That’s why having an attorney on your side who understands both the law and the realities of riding can be a critical factor in securing fair compensation.
Case Spotlight: Holding the Insurance Company Accountable
In one recent case, our client was riding his 1800cc Honda on a warm summer day when a driver backed out of a driveway directly into his path. Despite hitting the brakes, he couldn’t avoid the crash and suffered serious injuries, including a lacerated kidney, facial wounds from embedded glass, and road rash across his arms.
The insurance company denied responsibility, claiming the driver never saw or heard the motorcycle approaching. But Attorney Andrew Boran of Rutter Mills knew exactly how to challenge the narrative:
- He demonstrated that the motorcycle’s engine was exceptionally loud, making it unlikely the driver didn’t hear it coming.
- He also explained that in second gear, the bike could only travel at about 15 to 20 miles per hour, which undercut any suggestion of speeding.
- Finally, the braking system and the tread marks left at the scene confirmed that our client reacted quickly and was not operating the motorcycle recklessly.
In this case, the physical evidence aligned with our client’s account, telling a much different story than the one the insurer tried to push. The jury agreed. In August 2024, they returned a verdict of $124,530 in favor of our client—a powerful reminder that facts and preparation can overcome bias.
How Motorcyclists Can Prepare for an Insurance Claim
If you’re ever involved in a motorcycle crash, the steps you take afterward can significantly impact your ability to recover compensation. Here’s how you can help protect your rights:
- Document the scene: If you’re able, take photos of the vehicles, road conditions, and any visible injuries. Eyewitness contact info can also be invaluable.
- Avoid speculative statements: What you say at the scene or to the other driver, a police officer, or an insurance adjuster can be used against you. Stick to the facts and avoid guessing about what happened.
- Seek medical care immediately: Even if your injuries seem minor, get checked out. Some injuries take time to appear, and medical records are key evidence in your case.
- Consult an attorney early: Before giving any recorded statement to an insurer, speak with a qualified attorney. An early consultation can help you avoid common pitfalls and build a stronger claim.
