For many motorcyclists in Baton Rouge, cruising on Great River Road, the Bogue Chitto Loop, and Route 415 is a way of life. Sadly, sometimes these rides end in accidents that result in very serious injuries. If you have been hurt by a negligent driver or other party, you may be able to file a claim for compensation against their insurance company. Unfortunately, you may find that soon, the insurance company is blaming you for the accident, and even threatening to deny you the compensation you need to recover.
Motorcyclists are not only more likely to be seriously injured in a crash, but they are also more likely to have their claims denied or devalued by insurance companies. This is largely due to the fact that insurers often assume that bikers are reckless and irresponsible, even when they were not to blame for a crash. Below, our Baton Rouge motorcycle accident lawyer explains the most common reasons bikers are denied.
Insurance Companies are Often Biased Against Bikers
To some insurance companies, the fact that you ride a motorcycle is the only evidence they need against you. Some only see the open handlebars, leather jackets, and loud engines and assume that you are reckless, not responsible. Even when someone else’s carelessness caused your accident, this stigma can follow you throughout the claims process.
In fact, this stigma is one of the most common reasons motorcycle accident claims are denied. Adjusters often allow these built-in biases and stereotypes to cloud their judgment. In addition to filing a claim, you are also fighting that narrative. An experienced motorcycle accident lawyer will know how to fight back against these assumptions using witness accounts, police reports, expert testimony, and more.
Insurance Companies Will Blame You for the Crash
As of January 1, 2026, Louisiana will move to a modified version of comparative fault law. Under the modified version, motorcycle accident victims will not be able to recover compensation if they are 50% or more at fault, making it even harder for them to claim the full compensation they need. Even if a biker is less than 50% at fault under the new law, any damages they are awarded will be reduced by their same percentage of fault.
Insurance companies use the comparative fault law to shield themselves from paying full damages. They may argue that you were speeding, not wearing a helmet, or lane splitting. All of these are illegal actions in Louisiana, so engaging in them can result in you being found partially to blame.
Insurers will use these arguments even if they are not true just to justify a denial. A lawyer can obtain strong evidence, such as footage from a dash cam or nearby surveillance cameras, to prove the other party is liable.
Insurance Companies May Minimize Your Injuries
If you did not receive immediate medical treatment for your injuries, the insurance company will use this against you to argue that your injuries are not as severe as you claimed. To ensure this does not happen, it is critical to seek medical attention as soon as possible after the crash, follow all medical recommendations closely, and retain records of all prescribed treatments, test results, and doctor visits.
Insurance Companies May Claim Incomplete or Missing Paperwork
Filing a motorcycle accident claim involves a lot of paperwork. If you do not submit all the necessary documentation to prove your case, this provides the insurer with a valid reason to deny your claim. However, insurance companies often ask for unnecessary documentation that is not pertinent to your case or that you have already submitted. This is a strategy they use to delay your claim in the hopes that you will eventually give up on obtaining a fair settlement.
A Baton Rouge motorcycle accident lawyer will ensure that all of your paperwork is filled out properly so insurance companies have no reason to deny your claim.
Insurance Companies May Dispute Your Injuries
Insurance companies may discover that you suffered from pre-existing injuries prior to your accident. They may blame your current injuries caused by the crash on those injuries. A lawyer will inform you of your rights to compensation if an accident exacerbates your pre-existing condition. A lawyer will also ensure you do not sign legal documents, such as a medical release, so the insurer cannot discover pre-existing injuries.
Our Motorcycle Accident Lawyer in Baton Rouge Can Fight the Insurance Companies
If you have been in a motorcycle accident, do not file a claim on your own. At Big River Trial Attorneys, our Baton Rouge motorcycle accident lawyer knows the strategies insurers use to reduce and deny claims and how to combat them so you receive the full and fair settlement you deserve. Call us today at (225) 963-9638 or fill out our online form to get the legal representation you need.
