Attorneys
- Boone Motorcycle Accident Injury Attorneys
- Phone: 641-792-3595
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A motorcycle accident in Boone can leave you dealing with serious injuries, overwhelming medical bills, and insurance companies that have been trained from day one to pay you as little as possible. Riders already face an uphill battle because adjusters and defense attorneys often try to paint motorcyclists as reckless, regardless of the actual facts of the crash. Knowing how insurance adjusters operate, what mistakes injured riders commonly make during medical treatment, and exactly how an experienced Iowa motorcycle accident attorney strengthens your case value are three things you need to understand before you make a single move.
What Every Iowa Motorcycle Accident Victim Needs to Know About Insurance Adjusters
There are hundreds of insurance companies doing business in Iowa and thousands of adjusters working on their behalf. Despite their differences in size, location, and corporate structure, they all share three fundamental characteristics that injured motorcyclists must keep in mind throughout the entire claims process.
- They are trained in specific techniques designed to reduce the value of your claim, convince you to accept a small settlement, and maintain the upper hand over anyone who is not represented by an attorney who knows Iowa injury law.
- While adjusters may act friendly and concerned about your wellbeing, they do not have your best interests in mind and can legally mislead you without facing any consequences for doing so.
- Their job, regardless of how they present themselves, is to pay you as little money as possible in order to maximize insurance company profits. That objective never changes, no matter how politely they treat you.
Understanding which company is handling the claim against you matters, because different insurers operate in notably different ways. Here is what to expect when dealing with some of the most common insurance companies you may encounter after a motorcycle accident in Iowa.
Dealing With EMC Insurance Adjusters
EMC Insurance
EMC is a Des Moines-based company and one of the largest workers' compensation insurers in Iowa. Generally, EMC adjusters respond to phone calls, emails, and letters in a reasonable timeframe. However, do not allow their responsiveness or pleasant demeanor to convince you that they are on your side or that the amount they claim to owe you is actually everything they owe. Responsiveness is not the same as fairness.
Dealing With Liberty Mutual Insurance Adjusters
Liberty Mutual
Liberty Mutual is consistently among the top writers of workers' compensation coverage in Iowa and also handles property and casualty claims. Their adjusters have access to in-house Iowa attorneys who may step in to assist or even take over a case when legal questions arise. If an attorney becomes involved on Liberty Mutual's side of your claim, you should seriously consider having your own legal representation immediately. Without it, you risk making costly and entirely avoidable mistakes. For example, being persuaded by a Liberty Mutual attorney or adjuster to "retire" from your job rather than being formally terminated could cost an injured worker tens of thousands of dollars under Iowa's 2017 workers' compensation law changes.
Dealing With Sedgwick or Gallagher Bassett Adjusters
Sedgwick and Gallagher Bassett
Unlike traditional insurance companies, Sedgwick and Gallagher Bassett are third-party administrators, or TPAs. They manage claims on behalf of self-insured companies or other insurers without their own Iowa adjusters. In practice, they tend to be significantly more difficult to deal with than a direct insurance company adjuster. Obtaining records from their files, getting return phone calls, and receiving responses to written correspondence can all be challenging. The vast majority of cases involving these TPAs end up in formal litigation.
Dealing With AIG Insurance Adjusters
AIG
AIG is a large New York-based insurance company with many subsidiary operations. Their adjusters often take what has been described as the "New York approach," which in practice means they may not return phone calls, fail to respond to letters and emails in a timely manner, and can be dismissive about the financial and physical difficulties their claimants are experiencing. Not every AIG adjuster operates this way, but the pattern is consistent enough that it is worth preparing for.
Dealing With Travelers Insurance Adjusters
Travelers
Travelers operates a large claims center in Overland Park, Kansas, though it has offices throughout the country. Like Liberty Mutual, Travelers has in-house Iowa attorneys who may work in the background providing strategy to adjusters or step in to take a more active role in handling a claim directly. When an attorney is working against you on the other side of your claim, being unrepresented is an enormous disadvantage. You are facing someone who knows the law, knows the strategies, and has been trained to pay you as little as possible.
Dealing With Zurich Insurance Adjusters
Zurich
Zurich is an international insurance company based in Switzerland with more than 53,000 employees and annual revenue exceeding $47 billion, with Farmers Insurance among its largest subsidiaries. Your claim will typically be handled by an adjuster located far from Iowa who may not be familiar with Iowa-specific injury law. Regardless of how your adjuster presents themselves, they have been trained to pay as little as possible and will follow that training whether they are friendly or not.
If any insurance company assigns an attorney to evaluate or manage your motorcycle accident claim, that is a clear signal that the stakes are high enough for you to have your own legal representation. Proceeding without an attorney in that situation significantly increases the risk that you will make a costly, avoidable mistake that reduces or eliminates your recovery.
Ten Medical Mistakes That Can Damage Your Motorcycle Accident Claim
Many motorcycle accident victims do not realize how much their behavior during medical treatment directly shapes the strength of their legal claim. Your medical records are the foundation of your case. What ends up in those records, and what gets left out, can mean thousands of dollars gained or lost. Here are the ten most common mistakes injured riders make when dealing with doctors after an accident.
Failing to See a Doctor Immediately
It is your responsibility to prove that you were injured as a result of the accident. Delaying medical care gives the insurance company grounds to argue that your condition was not related to the crash. Even minor pain can develop into a serious problem, and delaying treatment creates a gap that the adjuster will use against you. The first words out of the insurance company's attorney to a jury should not be that you waited days before seeing a doctor.
Discussing Your Legal Claim With Medical Providers
Your medical providers need to know how you were injured in order to treat you, but they do not need to know about your lawsuit, your attorney, or your concerns about the legal process. Anything you say in a medical setting will end up documented in your records, and those records will be reviewed by the insurance company and potentially by a judge or jury. Keep legal discussions entirely separate from your medical care.
Hiding Your Prior Health History
Be completely honest with your doctors about any previous injuries or conditions involving the same area of your body. All prior medical records will eventually be available to the insurance company. If you provide incomplete or inaccurate health history, it not only compromises the quality of your care but hands the insurer ammunition to attack your credibility. Do not exaggerate how the accident occurred either. If the insurer's attorney can show any inconsistency between what you told your doctor and what actually happened, your entire case is damaged.
Missing or Arriving Late to Medical Appointments
Every missed appointment is recorded in your medical chart as a no-show or DNS. Even one or two of these entries can make it appear that you were not taking your injuries seriously. Doctors who have repeated no-shows from a patient are often less willing to advocate for that patient as a witness. If you must reschedule, call at least 24 hours in advance. Do not hand the insurance company's attorney the chance to point out a pattern of missed appointments as evidence that your injuries were not as serious as you claimed.
Not Telling Your Doctor How Your Injuries Affect Your Work
Your medical records are the heart and lungs of your injury claim. If there is no mention in those records of how your injuries are limiting your ability to work, the insurance company will not accept your word for it later. If your motorcycle accident injuries are affecting your job performance or keeping you from working at all, document this by telling your medical provider at every visit. Taking notes to your appointments can help ensure nothing is forgotten.
Failing to Properly Document Your Pain
Pain is invisible, but it must appear in your records for the insurance company and a jury to believe it. Be specific about where your pain is located, how severe it is on a scale of one to ten, and how long it has been present. Do not exaggerate. If you report your pain as the worst imaginable but sit comfortably in the exam room, a negative note in your records will follow. Be honest, specific, and consistent every time you are asked about your pain level.
Stopping Medications Without Consulting Your Doctor
Follow your prescribed medication regimen as directed. If you believe a medication is causing unwanted side effects, call your doctor to discuss switching to another option rather than stopping on your own. Some medications require a gradual taper, and unilaterally stopping treatment creates a record that you were not following your doctor's orders, which the insurance company will interpret as evidence your injuries were not serious.
Stopping Treatment Too Early or Leaving Gaps Between Visits
When an injured person stops seeking medical treatment, insurance companies and juries typically assume they have healed. Significant treatment gaps of a month or more will be used to suggest your original injuries resolved and any new complaints are unrelated. If your doctor says you are released or tells you to come back as needed, that means you should return within a few weeks if symptoms persist. Do not disappear from your doctor's care while you are still hurting.
Failing to Keep Your Medical Records and Provider Information
Hold on to the business cards, bills, and contact information for every provider you see. Keep copies of all work restrictions, referrals, excuses, and other documentation your doctors provide. If you have to give a work excuse to your employer, make a copy first. Your attorney will need this information to obtain your full medical records, and having it organized from the start saves time and prevents gaps in the evidence.
Ignoring Anxiety, Depression, or Psychological Symptoms
Pain, physical limitations, and the disruption to your life that follows a serious motorcycle accident frequently cause anxiety and depression. These conditions are genuine injuries that are just as compensable as physical ones. However, they must be diagnosed and treated to be included in your claim. If you are struggling emotionally or psychologically following your accident, tell your doctor and follow the recommended course of treatment. Psychological injuries that are never reported and never treated cannot be recovered as damages.
How a Boone Motorcycle Accident Attorney Strengthens the Value of Your Case
The insurance company's first offer after a motorcycle accident almost never reflects the true value of your claim. Most accident victims do not realize their case may be worth significantly more than what adjusters initially propose. A qualified Iowa motorcycle accident attorney has the experience and knowledge to uncover the full value of your claim and build the evidence necessary to support it. Here is how that process works in practice.
Obtaining Doctors' Reports and Medical Opinions
An attorney obtains detailed physician reports and medical opinions that establish a clear causal link between the accident and your injuries. This documentation directly strengthens your claim and justifies the compensation you are seeking from the responsible party's insurer.
Securing Expert Opinions on Future Medical Costs
Insurance adjusters focus almost exclusively on current medical bills, ignoring the long-term financial impact of serious injuries. Your attorney records your future medical needs through expert opinions, ensuring you receive payment for your full recovery rather than only for the bills you have already received.
Providing a Realistic Valuation of Your Case
An attorney who has handled many Iowa injury cases can give you a realistic range of what your claim is worth after all facts and medical opinions have been gathered. This valuation is grounded in years of experience with similar cases and knowledge of how Iowa juries and insurance companies assess damages, severity of injury, lost wages, and long-term disability.
Managing and Reducing Subrogation Claims
Health insurance and vehicle insurance policies almost universally include subrogation provisions requiring reimbursement if you recover money from another party. An attorney who knows Iowa law can properly deal with these claims and often negotiate the amounts down, putting more money in your pocket from the same settlement that an unrepresented claimant would receive.
Handling All Insurance Company Communications
Your attorney handles every interaction with the insurance company, preventing you from making statements or accepting offers that could harm your case. Insurance adjusters know the law, understand the strategies, and have been trained to pay you as little as possible. By serving as your intermediary, your attorney removes the risk that an offhand comment or premature agreement will undermine your recovery.
Conducting a Thorough Investigation
Building the strongest possible case requires gathering police reports, medical records, bills, photographs of the vehicles and accident scene, and witness statements. When necessary, an attorney hires investigators to locate additional witnesses and collect supplemental evidence. The attorney also reviews comparative fault issues that insurance companies use to reduce settlements in motorcycle cases.
Identifying Hidden Coverage in Your Insurance Policies
Many motorcycle accident victims are unaware of coverage options within their own insurance policies that could pay medical bills while their claim is pending. An experienced attorney analyzes your policy to identify every potential source of compensation, ensuring no available coverage is overlooked.
Reviewing and Challenging Excessive Liens
Doctors, health insurers, benefit plans, and employers may assert liens claiming entitlement to part of your recovery. Your attorney reviews the validity of each lien, challenges those that are incorrect or excessive, and negotiates reductions that result in substantially more money reaching you from any settlement.
Iowa motorcycle accident attorneys work on a contingency fee basis, meaning all of the work described above is performed at no upfront cost to you. You pay no attorney fees unless your case is successful. If the other side's insurer is already making voluntary payments, your attorney takes nothing from those payments. Fees apply only to the amount recovered above what the insurance company was voluntarily going to pay on its own.
The mistakes that most damage motorcycle accident claims include giving a recorded statement to the adjuster, accepting a quick settlement offer before understanding the full extent of injuries, missing important filing deadlines, and failing to properly document damages throughout the recovery process. An experienced Boone motorcycle accident attorney guides you away from each of these pitfalls from the very start of your claim
Consulting a Boone Motorcycle Accident Attorney
The toll from severe motorcycle injuries can encompass substantial medical expenses and long-term care costs for victims and their families. Lost wages may compound matters, especially if employment becomes unrealistic for an extended period. Getting help from a motorcycle accident attorney allows the pursuit of comprehensive compensation, from financial damages and emotional distress such as pain and suffering.
Victims of these accidents should seek consultation with a motorcycle accident attorney, as damages may be extensive and recovery of compensation is important.
At Walker, Billingsley & Bair, our motorcycle accident attorneys can represent you in dealings with your insurance company, or when filing a personal injury claim. Set up your consultation now by calling 641-792-3595.