Moville Motorcycle Accident Injury Attorneys

Motorcyclists face an uphill battle after a crash that drivers of passenger vehicles rarely encounter. Beyond the physical injuries, riders near Moville often find themselves up against insurance company tactics designed to minimize their claim and defense arguments meant to shift blame onto the rider. The Moville motorcycle attorneys at Walker, Billingsley & Bair want local riders to understand what insurers do not want them to know, the common defenses raised against motorcycle accident claims, and what an attorney actually does to build a case.

What Insurers Don't Want You to Know

Insurance companies are some of the richest and most powerful corporations in the United States. Each year they spend significant sums trying to reduce the rights and compensation available to hardworking Iowans so they can increase profit. However, what they don't control are the judges and juries that ultimately decide the amount of compensation for someone hurt in a motorcycle accident or another personal injury matter. Here are five things insurance companies do not want Moville riders to know.

The Insurance Company Is Legally Allowed to Lie and Cheat You

There is no law requiring the insurance company for the other side to tell you the truth or to do anything in your best interests. This is why an adjuster will sometimes act like your friend and try to build trust with you, a routine that is common when your injuries are serious. It is a bad idea to trust an adjuster for the other side, because their job is to pay you as little money as possible, and they may even receive promotions or bonuses for building a track record of paying less than cases are worth. They are not going to tell you what your rights are or the best way to proceed with your claim.

You Do Not Have to Give Them a Recorded Statement

An insurance adjuster may tell you they need a recorded statement to evaluate your claim, but in reality, you have no obligation to give the insurance company for the other side one. The reason they want it is so they can ask you questions in a way that lets them use your answers against you later. For example, they may ask if you have ever had back pain before. An unconsidered "no" answer could significantly damage your case if your medical records later show a prior issue, since the insurance company's lawyer can then make you look like you were trying to cover up prior problems. Your credibility is very important in any injury case, which is exactly why an adjuster will try to damage it right away.

Their "Final Offer" Is Usually Not Their Best Offer

During negotiations, the insurance company will often tell you that a particular number is their final offer. In reality, it is often not their best offer. There is little to lose by proposing a different number to settle your case, since it is unlikely they will simply refuse to offer anything at all. Sometimes a lawsuit may need to be filed to see the insurer's actual best offer.

They Will Intentionally Frustrate You

When the friendly routine does not work, some adjusters use a different tactic. They know a low initial offer can frustrate a claimant, and that a certain percentage of people will accept a low-ball offer just to stop dealing with the adjuster. If you have sustained a serious injury with lifelong effects on your health, consider turning things over to an experienced injury attorney who knows how to deal with these tactics, so you can focus on healing while your attorney deals with the insurance company on your behalf.

They Will Not Pay Your Medical Bills as You Incur Them

An adjuster will often tell you to send your medical bills to them, but that does not mean they will actually pay them. This strategy is sometimes used to pressure claimants into settling cheap once collection calls start coming in from creditors, hospitals, and doctors. In a motorcycle accident claim, it is usually best to have your medical bills paid through your health insurance or medical payments coverage under your own policy, rather than waiting on the at-fault party's insurer.

Common Defenses Against Motorcycle Accident Claims in Iowa

If you have been in a motorcycle accident near Moville and are pursuing a claim for damages, the insurance company or other driver is bound to present arguments against your claim. Familiarizing yourself with these common defenses, and hiring an attorney, can help keep your case solid.

You Violated Motorcycle Regulations

Perhaps the most commonly used defense is that the motorcyclist was in violation of motorcycle-specific laws at the time of the accident. Riders must adhere to rules such as not carrying a package that restricts using both hands, under Iowa Code 321.275(6), or not riding more than two abreast in a lane, under Iowa Code 321.275(4). If the other driver can prove a violation occurred and that it caused the accident, your claim might be in jeopardy.

You Were Speeding

Another common argument is that you were speeding at the time of the accident, or that another traffic violation, such as an illegal lane change, caused the crash. If the defense can prove this, you may be found partially or totally at fault. If you are partially at fault, the damages you recover may be reduced proportionally to your percentage of fault, but if you are found more than 50 percent at fault, you may be barred from recovering damages at all.

You Were Driving While Impaired

Another common defense is that the motorcyclist was impaired at the time of the accident. Being under the influence of drugs or alcohol can severely hinder your ability to recover damages, since the insurance company or court will assign you a percentage of fault that affects your recovery. In many cases, impairment will prevent recovery altogether.

You Were Not Wearing a Helmet

While Iowa does not require riders to wear a helmet, not wearing one might still become an issue in your claim if you suffered head or neck injuries. The insurance company or other driver may argue that not wearing a helmet led to more severe injuries than you might have suffered otherwise, which could increase your comparative negligence and reduce your damages. Talk to your attorney about establishing that helmet use did not impact your injury severity.

What Can an Attorney Do for Your Moville Motorcycle Accident Case?

Depending on the nature and severity of your injuries, you may or may not need an attorney for your case. Even so, it is always a good idea to at least consult with an experienced Iowa injury attorney and request information that can help you through the process and avoid common, costly mistakes. When looking for the right attorney, check reviews from prior clients that discuss their experience, since simply advertising motorcycle accident representation does not mean a firm handles these cases well.

Not every firm accepts every case that comes through the door, since not every case is the right fit. When an attorney does take on a motorcycle accident case, the work involved typically includes the following, all performed at no upfront cost since payment usually comes from a percentage of a successful case.

Tasks an Attorney Handles on Your Behalf

• Educating clients about Iowa injury laws, which vary from state to state
• Gathering documentary evidence, including police accident reports, medical records, and bills
• Hiring an investigator, if necessary, to interview or locate witnesses
• Collecting other evidence, such as photographs of the motorcycle and the accident scene
• Reviewing and analyzing legal issues, such as comparative fault and assumption of the risk
• Talking with the client's physicians and obtaining written reports to support the case
• Analyzing the client's insurance policy for coverage that may help pay medical bills while the claim is pending
• Reviewing and analyzing the validity of any liens asserted by doctors, insurance companies, or employers
• Contacting the insurance company to put them on notice of the claim
• Preparing the client, witnesses, and healthcare providers for depositions if a suit is filed
• Preparing a demand package in an attempt to settle the case
• Preparing for mediation, settlement discussions, or trial, including exhibits and witness preparation
• Filing motions and briefs to determine what evidence will be allowed at trial
• Reviewing the outcome of a case to determine whether either side has grounds to appeal