San Antonio Motorcycle Accident Appeals Lawyer
To pay for the unexpected expenses that occur in a motorcycle crash, you may need to seek compensation from the insurance provider of the at-fault driver or another responsible party. If an insurance company has denied your claim, you are probably worried about your finances.
Fortunately, an experienced San Antonio motorcycle accident appeals lawyer can help. A motorcycle crash attorney can guide you through the appeals process and work to secure the compensation you deserve.
Why Do Insurance Companies Deny Motorcycle Crash Claims?
After sustaining an injury in a motorcycle wreck, most people try to recover their losses through the insurance provider of the driver who caused the crash. Unfortunately, insurers can refuse to pay claims for many reasons.
Disputes Over Liability
An insurer might argue that the company is not responsible because the driver is not responsible for the crash. Some insurance companies try to shift liability back onto the motorcyclist by claiming that the rider operated the vehicle negligently, such as by weaving between lanes. In other cases, insurers attempt to argue that the motorcyclist’s own actions made their injuries worse. For example, although Texas law does not require riders over age 21 to wear helmets, an insurer may contend that failing to wear one increased the severity of their injuries and shifted some liability away from the driver.
Fortunately, a skilled local lawyer knows how to build a solid liability claim and counter arguments that allege contributory negligence by the motorcyclist. Even if a rider was partly responsible for the severity of their injuries, Texas law still allows them to pursue compensation as long as they were less than 51 percent at fault for the accident.
Procedural Errors
An insurer may argue that the at-fault driver failed to notify them about the crash. The insurer could also maintain that the injured person did not file their claim within the required time frame. Depending on the circumstances, a skilled attorney may be able to correct some—but perhaps not all—procedural errors.
Policy Lapse
If the at-fault driver failed to pay their insurance premium or renew the policy, the insurance company would not be responsible because the policy would be inactive and the driver uninsured. In that situation, an injured motorcyclist would need to seek compensation through a civil claim against the individual driver or through their own insurance company under uninsured or underinsured coverage.
A skilled local legal team can look at the reasons for the insurance denial and determine the most effective way to pursue compensation through an appeal after a San Antonio motorcycle collision.
Avenues of Recourse After a Denial of an Insurance Claim From a Motorcycle Crash
People who have lost an insurance claim for coverage after a San Antonio motorcycle crash can often challenge that decision—ideally with the help of an attorney.
File an Appeal With the Insurer
The injured motorcyclist needs to file a written appeal with the insurer, complying with all procedural requirements, providing the details of the accident, and explaining why the claim should not have been denied.
File a Bad Faith Claim
If someone believes an insurer wrongfully denied their claim, they may be able to pursue a bad faith claim if the denial was unreasonable.
File a Civil Suit
If the appeal with the insurer is unsuccessful, an injured rider could file a civil lawsuit and let a court determine if the denial was appropriate.
A seasoned legal team can assist with all available appeal options.
Consult With a San Antonio Motorcycle Crash Appeals Attorney
After a serious motorcycle accident, you should be focused on recovering physically and not worrying about your financial situation. Unfortunately, if the at-fault party’s insurance company denies your claim, you have cause for concern.
Consult with a San Antonio motorcycle accident appeals lawyer today to discuss how you can challenge the denial and fight for your rightful compensation.
