What Are Some Common Defenses That Are Used By Insurance Companies In Motorcycle Accident Cases To Deny Or Limit Settlement Amounts?
Insurance companies defend motorcycle claims first by blaming the rider. There is a laundry list of excuses that they use to save themselves money. These defenses include claiming the motorcycle rider was going too fast; riding in the blind spot of a car or truck that hit them or was lane-sharing. They might assert that the rider was not wearing proper safety equipment or was not being watchful; should have seen the other car or truck or could have taken evasive action.
The other defenses that they commonly raise is appealing to jurors prejudice against motorcyclists. Jurors, as a general rule, identify with the driver of a car, not a motorcycle rider. Most jurors have not been on a motorcycle. These prejudices include believing that riding a motorcycle is inherently dangerous and motorcyclists assume the risk of terrible injuries and are somehow at fault for their own injuries.
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