Motorcycles are at somewhat of a disadvantage on the roadway simply because of their stature compared to larger passenger vehicles. If you are injured in a motorcycle accident and it seems it is obvious the other driver was to blame, you can feel even more disadvantaged when their insurance company claims you were also at fault. Insurance companies will use all kinds of methods and tactics to get out of paying you what you deserve, and placing blame is part of that. Here is a look at a few reasons why an insurance company may be pointing fingers at you after your own motorcycle accident even though the accident was not your fault.
You were not wearing a helmet even though it was legally required.
If you disregarded a law in your state that says motorcycle riders must wear a helmet, the insurance company could claim negligence per se because the fact you were not wearing your helmet made you more susceptible to injuries. Even though another driver may have caused the accident to occur, you breaking the law by not wearing your helmet could be partially to blame for your injuries, so the insurer will use this to their advantage.
You were driving your motorcycle while distracted.
If you were doing something when the accident occurred that could be deemed as a distraction, you could technically be blamed for the accident even if you didn't necessarily cause it. For example, if you happened to be using your cell phone while driving your bike and a car pulled in front of you, evidence of this could place some of the blame on you because you were distracted when the incident occurred. Therefore, the insurance company may claim that the entire situations perhaps could've been avoided if you were paying enough attention.
You were operating your motorcycle at a speed not safe for the road condition and situation.
If you were driving fast on a slippery highway when the accident occurred, but you did not cause the accident, the insurance company may place some of the blame on you. Their argument in these situations would be that you should have been traveling at a safer speed and that way you may have avoided the accident.
When it comes down to it, insurance companies will try to avoid paying for your accident claim in a lot of situations, even by placing partial blame on you. If you were involved in a motorcycle accident, make sure you talk to a motorcycle accident attorney for advice.