Reasons Why Your Motorcycle Case Was Declined

Motorcycle Case Was Declined

Written by Jeremy D. Earle, JD

January 13, 2023

Why a Motorcycle Accident Attorney Might Dismiss Your Case

Motorcycle crashes are a tragic occurrence that happens much too often. Motorcycle accidents are far more prevalent than car accidents when the number of motorcycles on the road is compared to the number of cars. Although there are far fewer motorcycles on the road than cars, motorcycle accidents continue to occur at an alarmingly high rate in comparison to their modest number.

Naturally, this is due to the inherent hazard of riding in a high-speed car, which exposes the driver to serious injury. These accident losses prompt many motorcycle accident victims to seek compensation, but they are unable to locate an attorney willing to handle their case in many cases. This may occur for various reasons, depending on the circumstances and causes of the motorcycle accident.

Free Consultation 

In Person | Phone | Zoom

Motorcycle Accident Injury Claims in Colorado

When a person sustains serious injuries in a motorcycle accident caused by another party’s carelessness, they have the right to pursue compensation for their losses via a motorcycle accident injury claim.

These motorcycle accident claims are made by a plaintiff filing a claim with the insurance company of a responsible party and then using proof of that person’s carelessness in causing the accident to get an appropriate payout. That is the simplest explanation of how the procedure works, but there is often much more to it, and far more legal subtlety involved than many plaintiffs are prepared for.

Motorcycle accident victims should never try to handle claims independently because they risk jeopardizing their claim and maybe lowering the amount they can get in a settlement. Consider consulting with one of the Warrior Motorcycle Accident Attorneys’ experienced motorcycle accident attorneys.

Our attorneys are available to meet with you at a no-cost consultation about your case. To arrange for a free motorcycle accident case consultation, please complete the online contact form or call our Colorado Springs office at 719-300-1100.

Why did A Lawyer deny your Motorcycle Accident Case?

After the Accident, There Is No Medical Treatment

The injury itself is at the heart of motorcycle accident claims. The kind and severity of an injury may significantly alter the nature of a claim and how an attorney addresses it. Following an accident, much alone a motorcycle accident, it is critical to seek medical attention quickly.

Not only is this necessary for your health, but it is also necessary so that you may get medical documents of your injuries as soon as possible after an accident. Defendants in a lawsuit may seek to undermine a plaintiff’s credibility by claiming their injuries were not caused by accident or were not serious enough since they were not treated promptly after the event.

If you did not get medical treatment for an extended time after an accident, or if you did not receive any medical attention at all, your motorcycle case may be denied by an attorney. There is little chance of success if your injuries are not sufficiently severe to earn compensation via a motorcycle accident injury claim.

Additionally, lawyers may refuse to handle your case if you cannot offer medical proof for your motorcycle accident injuries. This documentation is often the most critical thing a lawyer needs while establishing a case.

Motorcycle Collisions Are Not Their Specialty

Individuals seeking the incorrect lawyer after motorcycle accidents are far more prevalent than you may believe. Simply becoming a lawyer does not guarantee that they are capable of handling your case. Many consumers approach their divorce attorneys or criminal defense attorneys who have no expertise in managing motorcycle accident cases and question why they cannot assist them.

Always verify that the lawyer is experienced in handling motorcycle accident injury claims and has a track record of success. Occasionally, a lawyer may handle car or truck accident claims but not motorcycle accident claims. It is beneficial to do research.

Concerns About Liability for the Accident

The blame for an accident is not always as straightforward as one would anticipate. While many accidents involve just one party, some include many parties, including an accident victim seeking compensation.

Colorado includes a concept called comparative negligence, which considers the degree of carelessness that a person seeking compensation for an accident exhibited and converts it to a percentage used to determine the amount that they may get in a settlement.

An attorney may decline to pursue a motorcycle accident claim if they believe the plaintiff’s degree of carelessness contributed to the accident that harmed them. Often, it requires consulting with an attorney to assess the extent to which you might be held accountable for the accident in which you were involved.

Speak with an attorney since you may still have a case despite being partly responsible. While you may not get as much money if you have no responsibility, pursuing a claim may still be worthwhile.

The Statute of Limitations Has Run its Course

In rare instances, a motorcycle accident injury attorney may decline to handle a case only because the statute of limitations has expired. This is not typical, but it does sometimes occur when someone discovers later that their injuries have a more severe impact than they anticipated or when they learn additional details about their accident. Colorado motorcycle accident suits have a four-year statute of limitations from the date of the accident. If you wait longer than this, your case may become unviable, and an attorney may decline to represent you.

Poor Relationship with a Client or Rejection by Previous Attorneys

You and an attorney will collaborate extensively, and the attorney will not be a hired gun. They will have a financial stake in the outcome of your case, which means that you and your attorney must be on the same page.

While most motorcycle accident attorneys are quite professional in their dealings with their clients, in other situations, they may simply see no need to engage with a client with whom they have no relationship.

Dealing with client issues is the last thing any attorney wants to do when they can avoid it by gently declining employment with a client. Motorcycle accident lawyers are likewise suspicious of clients who have dismissed multiple attorneys before coming to them. It is often regarded as a red flag.

Refusal to Seek Immediate Medical Attention

The injury itself is at the heart of a motorcycle injury claim. As a result, the degree and kind of damage might have a significant influence on the outcome of your claim. That is why it is critical to seek medical attention immediately after an injury and get an accurate physician diagnosis.

Some injuries are internal, while others may not produce immediate pain due to the adrenaline surge, which masks the pain. However, the agony associated with such injuries might last for days after the collision. And if you disclose it later, you may be denied compensation.

Your claim may be refused because it puts the defendant in a good position to argue that the injuries were not disclosed at the time of the motorcycle accident and were perhaps caused by another occurrence.

In other words, your negligence may become the defendant’s strength, and he or she may seek to undermine your credibility. They may claim that the injuries were not caused by accident or were not serious enough due to the delay in treatment.

It is essential to recognize that medical help after a motorcycle accident is critical for your health and obtaining approval and acceptance of your claim.

Avoidable Accidents

Occasionally, motorcycle accident claims are refused by the insurance carrier because the accident might have been avoided. In this case, the rationale is self-evident. If you broke a state law while driving, your claim might be refused.

You were inebriated and riding your motorcycle, for instance.

You operated a car without a valid license;

You operated a car without insurance.

You were tailgating, exceeding the legal speed limit, or displaying road rage.

Thus, the insurance company may claim that the accident happened due to your carelessness and that you should have been able to prevent it.

Damages Exceed Policy Boundaries

Occasionally, the policy limit is used as a justification for claim rejection. Simply put, claims may be denied in certain circumstances if the damages exceed the policy limitations. It is critical to note that each insurance policy provides coverage for a certain amount of losses. When that limit is surpassed, the insurance provider is only obligated to pay up to that amount.

Assume this is the fundamental basis for the denial of the claim. In such instances, your motorcycle accident attorney may analyze your case and see whether further insurance coverage choices are available to assist you in covering your losses.

Self-Representation in a Claim

Several motorcycle accident victims file and manage their claims to save the legal fees associated with employing a lawyer. This may be a costly error since motorcycle accident claims can include several legal difficulties that only an experienced attorney can comprehend and manage you through. Consequently, your lack of legal understanding of the ability to pursue and negotiate your claim may end in rejection.

If you are unaware of your legal rights and how to preserve them, you will be unable to fight for the compensation you deserve. Even if your claim is allowed, the likelihood is that you will have to accept a low-ball offer.

Seek the Assistance of a Skilled Colorado Motorcycle Accident Attorney

If you or a loved one has been injured in a motorcycle accident, you may be able to seek compensation for your losses via a legal process known as a motorcycle accident claim.

Warrior Motorcycle Accident Attorneys’ injury lawyers, have decades of expertise in negotiating and fighting motorcycle accident cases. They work tirelessly to safeguard Colorado citizens from injury and to guarantee that those who have injuries are adequately compensated. Our seasoned staff has the legal skills necessary to competently handle your claim.

Motorcycle riders who sustain injuries due to another’s negligence deserve compensation to assist them and their families in rebuilding their lives. At Warrior Motorcycle Accident Attorneys, we assist motorcycle accident victims in identifying the parties responsible for the accident and pursuing legal and financial redress against them. Do not wait. Call us at 719-300-1100 for a free consultation and case review, or complete our online contact form.

Free Consultation


You May Also Like…