Injured riders in motorcycle accident cases often rely on insurance companies to cover at least some of their financial losses. Unfortunately, insurers don’t always act in good faith. It’s not uncommon for valid motorcycle accident claims to be denied in Texas, leaving victims unsure of what to do next.
If your claim has been rejected, it doesn’t mean you’ve reached the end of the road. An experienced El Paso motorcycle accident lawyer can help you determine your best course of action, whether that means an appeal, a personal injury lawsuit, or another option.
Common Reasons Motorcycle Accident Claims Are Denied
Insurance companies in Texas may deny a claim for several reasons, and not all of them are legitimate. Common explanations include:
- The insurer alleges you were at fault for the crash
- The company claims your injuries were unrelated to the accident
- There was an alleged delay in your medical treatment
- The insurer believes the evidence doesn’t support your claim
- A technical issue, such as missing documents
In some cases, insurers deny claims, hoping that the injured rider will give up. However, you have the right to challenge these decisions under Texas law, and a lawyer can help you do just that.
How a Motorcycle Accident Lawyer Can Help After a Denial
Hiring an attorney after your claim is denied can make a significant difference in what happens next. Insurance companies have teams of lawyers protecting their interests, so having your own legal advocate helps level the playing field.
A motorcycle accident attorney can:
- Review your claim denial letter and determine the real reason behind the insurer’s decision
- Gather additional evidence, such as police reports, medical records, and witness statements
- Work with accident reconstruction experts to prove how the crash occurred
- File an appeal or demand letter challenging the denial
- Negotiate directly with the insurance company for a fair settlement
- File a bad faith insurance claim if the insurer acted unfairly
If the insurance company still refuses to pay, your lawyer can take your case to court and file a personal injury lawsuit against the at-fault driver.
Comparative Negligence and Insurance Claim Denials in Texas
Texas follows a modified comparative negligence law, which means you can recover damages even if you were partially at fault, so long as you are less than 51% responsible for the accident.
If the insurance company claimed you were more than 50% at fault to deny your claim, your lawyer can present evidence proving otherwise. This might include things like traffic camera footage and expert testimony to demonstrate that the other driver was primarily to blame.
Schedule a Free Consultation With a Motorcycle Accident Lawyer at Cal Mundell Law Firm, PLLC
If your motorcycle accident claim has been denied, don’t give up without speaking to a lawyer. Insurance companies often rely on technicalities and weak arguments to avoid paying fair compensation, but a knowledgeable attorney can help you challenge their decision effectively.
Call Cal Mundell Law Firm, PLLC for a free consultation today at (915) 250-0700. We work on a contingency fee basis, which means you only pay attorney’s fees if we win compensation for you.