An Insurance Law Attorney in Gonzales, LA Address Insurer Claim Disputes Focusing on Motorcyclist Behavior

by | Aug 28, 2019 | Top Content Center Articles

An insurance law attorney in Gozales, LA represent clients who were injured while operating a motorcycle and are having trouble collecting compensation from the at-fault driver’s insurance company. Insurers may focus on various aspects of the incident in an effort to blame the victim. Experienced lawyers are used to these tactics and will provide evidence that overcomes the insurer’s objections.

Road Conditions

One factor the insurer may point out is conditions of the road at the time of the collision. Crashes between motorcycles and passenger vehicles might take place on a sharp turn, in which the car came too close to the center line for comfort of the motorcyclist. The biker may have tried to move to the right but lost control because of gravel or sand on the road, or because of wet pavement during rain. The insurance adjuster may state that the motorcyclist should have been traveling at a lower speed.

Speeding

Bringing up the motorcyclist’s speed is also a strategy used by insurers in left-turn incidents. Accident attorneys in Gonzales, LA know that vehicles making left turns in front of motorcycles are the most common types of motorcycle collisions. Drivers are not always able to easily judge how fast a motorcycle is traveling and may underestimate this. If police reports verify that the motorcyclist was speeding, the insurer may use this to dispute the claim.

No Headlight

If the bike headlight was off, even during daylight, the insurer may cite that as a safety issue. The other driver would have a harder time seeing the oncoming bike without a headlight. Louisiana does not require daytime headlights to be used on motorcycles, but insurance companies may still bring up this point as a reason to dispute a claim.

No Helmet

Insurers may also dispute claims if the biker was not wearing a helmet and suffered a head injury. Louisiana state law requires all motorcyclists to wear helmets, and breaking this law can cause trouble for the riders. An organization such as The Litigation Firm of Pujol, Pryor & Irwin may be necessary to prove that the other driver was at fault, and that the accident would never have occurred otherwise.

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