How To Negotiate A Motorcycle Injury Claim

Last updated on: April 5, 2021


Where To Start

If you or a loved one was injured or killed in a motorcycle accident in Colorado, there are a few steps you should take. Taking the following actions will strengthen your negotiating position by proving to the insurance company that you have a strong case. Showing you have a strong case to the insurance company will increase their motivation to award you with a just settlement. Insurance companies know that going to trial is risky because they face the prospect of a jury returning a large award for the victim. With that philosophy in mind, here is where you can start:

  • Make sure you have all of the reports written by law enforcement that responded to and investigated the accident. You can obtain the reports in a public records request. You should also request any 911 calls made to authorities reporting the accident. These items contain significant amounts of information and could lead to witnesses and evidence you did not know existed;
  • Take photographs. Photograph injuries, vehicle damage, and the accident scene or area in which the accident occurred if it is safe to do so;
  • Compile all of your medical bills and incidental costs from the accident such as lost wages and lost economic opportunity, repair and replacement costs, damages for pain and suffering, as well as other damages you should include in your claim; and
  • Have a report from your doctor describing your injuries. Ask your doctor to include in your report a prognosis of your injuries, whether you are fully or partially disabled, all attributable to the crash.

Negotiating Tactics

You will know your case better than the insurance adjuster. The adjuster should have all of the records, your medical bills, and doctors’ reports before you demand a settlement. However, having all of the information does not equate to the adjuster knowing it inside and out like you should. Keep these ideas in mind when negotiating:

  • Establish your parameters beforehand. Know the minimum figure for which you will settle before you make a demand;
  • Believe in your claim. The adjuster will try to blame you for the accident and argue you were not driving safely. Be ready to counter the adjuster’s argument with facts from your crash. Also, be prepared to hear the adjuster try to get you to back off of your demand amount. They will try different tactics like claiming you were at fault or arguing you aggravated pre-existing injuries and the pain you feel is from some event that preceded the crash; and
  • Make a demand that is higher than you think your claim is worth but be reasonable. Do not make a claim that damages your credibility and paints you as unreasonable. The insurance companies will be less likely to negotiate with someone who has unjustified expectations.

Help for Motorcycle Accident Victims

The best negotiation tactic you can use is to turn to an attorney for help. Our Denver motorcycle accident lawyers have vast experience representing motorcycle accident victims. Our attorneys will provide you expert legal advice while working work diligently to reach a fair and just resolution of your claim. Contact us at 303-800-1501 today to schedule a free consultation and learn how we can help you with your claim if you or a loved one was injured or killed in a motorcycle accident.