Over the years, we have seen a growing trend of insurance companies disputing or denying liability for a motorcycle accident that is clearly the fault of another driver. Many times, we receive the Traffic Collision Report, which has the other driver at fault, or, worse yet, has the other driver cited and receiving a ticket for violation of the California Vehicle Code.
Nonetheless, the insurance companies may delay in accepting liability, or deny liability altogether. The insurance companies are taking a “scorched earth” mentality against motorcyclists because of the inherent bias against motorcyclists in California. At Reinecke Law Firm, we fight bias every day.
We have an experienced team of investigators and support staff that investigates liability in each and every of our motorcycle accident cases. We understand that determining and establishing liability may become a complex process of facts, circumstances, personalities, witnesses and evidence.
We understand that liability is the initial hurdle to any claim or case regarding motorcycle accidents. Liability must be determined and established before any insurance company will pay any money to our client.
Even if it is an Uninsured Motorist claim, your own insurance company will step into the shoes of an uninsured motorist to fight tooth and nail their liability in the claim. As such, it is even more important that you get a California motorcycle lawyer to fight for your rights.
Sometimes, establishing liability can take weeks, months, even years, and can ultimately depend on accident reconstruction experts in court. If your case is not one that is “cut and dried,” you may well encounter complex liability issues and a denial of insurance coverage for your damages.
Even in cases where it appears to be clear-cut liability where the other driver as turned directly in front of you causing a sudden and violent collision, insurance companies are recently denying or delaying their admission of liability. We recently had a case in which a motorcyclist was stopped at a stop sign and got rear-ended by a moving truck traveling 20 mph causing substantial severe injuries to our client. Even though the police report indicated that there were no “associated factors, and that the truck driver was the sole cause of the collision,” the insurance company delayed and delayed and delayed their acceptance of liability, stating that our motorcyclist suddenly stopped, and they even went to the point of saying that he was pushing his motorcycle back from beyond the limit line and he caused or contributed to the accident.
These types of faceless defenses have to be fought by an aggressive motorcycle attorney. We understand that there is an inherent bias against motorcyclists and we have to fight it every day on the streets and in the courtrooms.
We take the time and have the resources to do the investigation necessary to evaluate and support our clients. Depending on each case, we may review the police report, photograph the accident scene, depose the police officer, obtain witness statements, conduct an aerial photograph of the site, do an accident reconstruction or video reconstruction, or other liability analyses that is necessary to prove fault. Unfortunately, the final proof of liability may only be determined by jurors in a courtroom or by an arbitrator or judge.
As such, we work to get the best possible information, evidence and evaluation of your case prior to going to the trier-of-fact. Do not settle for less, get the best, is our theme. The motorcycle attorneys at The Reinecke Law Firm are always in there fighting…for the biker.
If you are reading this, by now, your claim or case has already been delayed or denied and you are seeking legal assistance. However, if you have not been involved in an accident yet, or have recently been involved in an accident, we always recommend that you do not give a written or recorded statement to any insurance company, including your own, without proper legal counsel.
As a former attorney for a major insurance company, I know the type of questions they ask and how they can twist and turn one’s statements to establish some defense for comparative negligence. For example, they may ask questions as to your distances, speeds, or what you were looking at just before the accident. They may try to establish inattention. Furthermore, they may ask questions regarding what you did immediately after the accident, or how long it took you to go to the hospital or doctor trying to establish a “gap in treatment.” (A) If the accident was so bad, how come you waited two days before going to the hospital? (B) And if it was so “acute,” why didn’t you go immediately to the emergency room? These types of questions conduct a harness in negotiations and settlement or in the trial of any case.
California Motorcycle Lawyer