How Insurance Companies Approach Contributory Negligence in Motorcycle Crashes
As soon as a claim is made involving a motorcycle, the other driver’s insurer starts looking for evidence of contributory negligence: speeding, weaving between lanes, not wearing the appropriate gear, etc. Contributory negligence is the law across Virginia, and insurers use it as leverage. If they can convince you that you were even slightly at fault, they may deny the claim outright. But an adjuster’s opinion isn’t a ruling.
Common tactics insurers use to shift blame or reduce payouts include:
Making a quick, low settlement offer. Early offers rarely account for future medical care, lost earning capacity, or the full extent of your pain and suffering. They are often made before you understand the true value of your claim.
Using your riding choices against you. Adjusters may point to your speed, lane position, or gear, even when the choice had nothing to do with how the crash happened, because raising doubt can be enough to deny your claim.
Requesting a recorded statement. Insurance representatives may ask you to provide a recorded statement soon after the accident. Seemingly innocent comments can later be taken out of context and used to dispute liability or minimize your injuries.
Delaying the claims process. Prolonged investigations, repeated requests for documentation, and unnecessary delays can pressure injured riders into accepting less than they deserve.
Rutter Mills has spent decades negotiating with insurance companies and understands the strategies they use to minimize motorcycle accident claims. We know how to preserve evidence, counter attempts to shift blame, accurately value long-term damages, and negotiate from a position of strength.