Motorcycle accident claims can become complicated quickly when serious injuries are involved and the available insurance does not fully cover the losses. A rider may need to look beyond the at-fault driver’s policy to determine what other coverage is available.
If an insurance company is lowballing, delaying, or disputing your motorcycle accident claim in Charlotte, you’re not imagining it. Motorcycle claims draw more pushback than a typical car accident claim, and the coverage involved is often more complicated than people expect. Here’s what typically happens, and how our attorneys fight for what you’re actually owed.
Why the At-Fault Driver’s Insurance May Not Cover Your Injuries
North Carolina requires every motorist to carry minimum liability insurance. According to the NC Department of Insurance, the current minimums are:
- $50,000 per person
- $100,000 per accident for bodily injury
- $50,000 for property damage
Those numbers sound substantial, but they cap what that policy owes you – and they have nothing to do with what your injuries actually cost. Nationally, the average cost of a hospital stay for a traumatic brain injury runs well above $50,000, according to CDC injury cost data, and severe cases can run far higher. A $50,000 policy limit doesn’t come close to covering long-term care for a spinal cord or brain injury. An attorney’s job, then, is finding where the rest of your compensation comes from, starting with coverage most riders don’t know they have.
When the At-Fault Driver’s Insurance Isn’t Enough: Underinsured and Uninsured Motorist Coverage
If the driver who hit you doesn’t carry enough insurance to cover your losses, or doesn’t carry any at all, you may still be able to recover through your own underinsured motorist (UIM) or uninsured motorist (UM) coverage. This is one of the most overlooked parts of a motorcycle claim; many riders don’t realize this coverage exists on their own policy until an attorney reviews it.
Insurance companies, including your own, have a financial incentive to minimize what they pay on a UM/UIM claim. That’s exactly where having an attorney review your policy on your behalf, not the insurer’s, matters most.
If You’re Fighting an Insurance Company on Behalf of a Loved One Who Died
If you’ve lost a family member in a motorcycle accident, you may be dealing with an insurance company at the worst possible time. Insurers know it, too. Wrongful death claims sometimes draw quick, low settlement offers aimed at families who aren’t yet thinking about policy limits or what the loss is actually worth.
The same coverage issues that apply to an injury claim apply here, too. If the at-fault driver’s insurance is not enough to cover the loss, UIM coverage may also be available through a policy that covered the deceased. If the responsible driver was uninsured, UM coverage may apply instead. In North Carolina, a wrongful death claim must generally be brought by the deceased person’s personal representative, meaning the executor or administrator authorized to act on behalf of the estate.
You generally have two years from the date of death to act, but you don’t have to sort out coverage, liability, or a fair valuation while you’re grieving. That’s exactly what an attorney handles for you.
You generally have two years from the date of death to act, but you don’t have to sort out coverage, liability, or a fair valuation while you’re grieving. That’s exactly what an attorney handles for you.
What Does My Own Motorcycle Insurance Cover After a Crash?
Your own motorcycle policy may provide coverage after a crash, depending on what you purchased. Collision coverage can help pay for damage to your motorcycle, while other coverage may apply to different losses.
Understanding Your Own Policy After a Crash
If your policy includes collision or comprehensive coverage, you likely have a deductible, the amount you pay out of pocket before your own insurer covers damage to your motorcycle. For example, if repairs cost $1,500 and your deductible is $300, your insurer covers $1,200. Reviewing your policy with an attorney after a crash can clarify which coverages actually apply to your situation, including coverage you may not know you have.
How Insurance Companies Fight Motorcycle Claim Denials
Motorcycle claims tend to draw more scrutiny than car accident claims. An insurer can challenge a motorcycle accident claim at several points, starting with whether its insured was legally responsible for the crash. The company may dispute how the collision happened, argue that the rider was speeding or failed to avoid the crash, or claim that the rider otherwise contributed to the accident. That is particularly important in North Carolina because contributory negligence can prevent an injured person from recovering if their own negligence contributed to the injury.
Even when liability is accepted, the insurer may still dispute the extent of the rider’s injuries or losses. Common arguments include:
- Preexisting conditions: Claiming that pain, limitations, or other symptoms existed before the motorcycle crash.
- Unrelated treatment: Arguing that certain medical care was for a condition unrelated to the accident.
- Unnecessary treatment: Challenging whether particular procedures, therapy, or follow-up care were medically necessary.
- Ability to return to work: Contending that the rider can resume working sooner than doctors or the rider believe.
- Lost income or earning capacity: Disputing the amount of wages lost or whether the injuries will affect future earning ability.
- Future medical needs: Arguing that anticipated treatment, rehabilitation, or long-term care is too uncertain to include in the claim.
These disputes can substantially reduce what the insurer is willing to pay without resulting in a complete denial.
Coverage can create another dispute. If the at-fault driver is uninsured or does not have enough insurance, a biker may need to make a claim under applicable UM or UIM coverage. North Carolina recognizes both types of coverage, but the insurer can still examine whether the policy applies, how much coverage is available, and what the claim is worth.
When Brown Moore & Associates handles a motorcycle claim, we review the crash evidence, medical documentation, wage-loss records, and all potentially available insurance policies so we can respond to the specific reason an insurer is disputing or undervaluing the claim.
“I’m highly motivated to fight for my clients and hold the people and companies who hurt them accountable,” says Helen Baddour, an attorney at Brown Moore & Associates.
Does Wearing a Helmet Affect Your Motorcycle Injury Claim?
North Carolina has required a DOT-certified helmet since 2008. Not wearing one doesn’t automatically bar you from recovering compensation, but it can become something the insurance company raises to argue you contributed to your own injuries, or failed to mitigate your damages. Given North Carolina’s strict contributory negligence rule, even a partial finding of fault can jeopardize your entire claim, exactly the kind of argument an experienced motorcycle accident attorney knows how to counter.
Frequently Asked Questions About Motorcycle Insurance Legal Claims
Potentially. If the driver who caused the crash does not have enough liability insurance to cover your losses, underinsured motorist coverage under an applicable policy may provide additional compensation. If the responsible driver is uninsured, uninsured motorist coverage may apply instead. Additionally you may have Medical Payments coverage which can help offset some of the medical expenses you incur.
No. Motorcycle helmet requirements are set by North Carolina law and apply in Charlotte as they do throughout the state. If helmet use becomes an issue in an injury claim, an insurer may try to argue that it affected the injuries being claimed, but that does not automatically determine whether you can recover compensation.
No. Initial offers are frequently well below what a claim is actually worth. Talking to an attorney before accepting anything protects you from settling for less than you’re owed.
Nothing upfront. Motorcycle accident cases at Brown Moore & Associates are handled on a contingency fee basis, no cost unless we recover compensation for you.
A wrongful death claim may still be available if the motorcycle crash caused the injuries that ultimately led to the person’s death. In North Carolina, the two-year period for a wrongful death action generally begins on the date of death, not the date of the crash.
Talk to a Charlotte Motorcycle Insurance Claim Attorney Today
If an insurance company is disputing, delaying, or lowballing a motorcycle accident claim in Charlotte, whether it’s your own claim or one you’re pursuing for a loved one you lost, you don’t have to navigate it alone. Contact Brown Moore & Associates for a free, no-obligation consultation to understand your coverage and your options.
Call 704-335-1500 or contact us online to speak with a Charlotte motorcycle accident lawyer today.
