When you’re involved in a motorcycle accident, the insurance company handling your claim sometimes relies on generalizations about motorcyclists instead of looking at the full picture.
A common assumption is that people who ride are risky or careless. This mindset may affect how adjusters interpret the facts and how they evaluate fault. It can lead to lower offers or quick settlements that do not line up with the real cost of your medical care, missed work, or long-term recovery, which is why many riders speak with a Seattle motorcycle accident lawyer to push back against unfair assumptions.
The good news is that these assumptions lose power when the evidence is organized and clear. Photographs, medical records, scene reports, statements from witnesses, and expert input give a grounded view of what actually happened. When the record shows the truth, it becomes harder for an insurer to rely on broad stereotypes or incomplete conclusions.
At Pendergast Law, we focus on presenting your story through solid facts, not emotion or debate. Our goal is to make sure the insurer sees the accident through accurate information instead of assumptions.
If you want to understand how to approach your motorcycle accident claim, call us at (425) 228-3860 for a straightforward conversation.
Key Takeaways for Motorcycle Accident Claims
- Insurance adjusters may start with a "reckless rider" bias against you. This assumption means they could apply extra scrutiny, looking for ways to blame you for the accident to reduce or deny your claim.
- Insurers use Washington's laws to their advantage. They cite the state's comparative fault rule by assigning you a percentage of blame for any reason, which directly reduces the amount of money they have to pay.
- Objective evidence is the only way to defeat bias. A strong case built on police reports, witness statements, and a thorough, independent investigation forces the insurer to address the facts, not stereotypes.
The "Reckless Rider" Myth: Why the Insurance Adjuster May Already Think It Was Your Fault
Insurance companies are in the business of managing risk and financial payouts. From their perspective, based purely on statistics, motorcyclists are high-risk, which influences how they assess claims and even how they view common types of motorcycle accident injuries when deciding what to pay.
This perception creates an immediate bias where adjusters begin an investigation not to discover the truth, but to find evidence that confirms their assumption that you, the rider, contributed to the accident.
This bias directly impacts how your claim is handled from the first phone call. Adjusters will look for ways to protect their company's bottom line, and leveraging stereotypes is an easy way to start.
- Leading Questions: Adjusters may ask questions designed to get you to admit partial fault, such as "Were you able to see the car before you entered the intersection?" or "How fast would you say you were going?"
- Scrutinizing Your Record: They will look at your riding history, any previous traffic violations, the type of motorcycle you ride (sport vs. touring), and even your age to build a profile of a "risk-taker."
- Leveraging Stereotypes: The adjuster may subtly suggest you were lane-splitting (which is illegal in Washington), speeding, or not visible enough, shifting blame away from the other driver. They know these arguments play on common public misconceptions about motorcyclists.
- Algorithmic Bias: Increasingly, insurers use AI to assess risk, which reinforces old biases. Data points like your zip code could unfairly label you as higher risk, influencing their settlement approach before they even speak to you.
You cannot change their internal bias, but you can make it irrelevant by building a case so strong it will not be ignored. The way to do this is by systematically dismantling their narrative with objective evidence from your specific crash.
The Two Core Biases Working Against Your Claim
1. The Financial Bias: It’s About Profits, Not Your Recovery
At its core, an insurance company is a business that must balance paying claims with generating profit. Motorcycle accidents frequently cause severe injuries, which leads to high-value claims involving expensive medical treatments, long-term care, and significant lost income.
To protect their bottom line, adjusters are trained to minimize these payouts. They will scrutinize every expense and look for any reason to reduce the value of your claim. An easy way to do this is by arguing you share blame for the crash, thereby reducing the amount they are legally obligated to pay, often pointing to the causes of motorcycle accidents to shift responsibility back onto the rider.
2. The Confirmation Bias: Looking for a Daredevil, Finding You
This is the personal bias that stems from the cultural stereotype of the "reckless biker." This unfair image may color their entire investigation, causing them to look for evidence that confirms their preconceived notions rather than conducting an objective review of the facts.
How it shows up:
- Disputing Injury Severity: An adjuster might question the seriousness of your injuries, like road rash or broken bones, suggesting they are minor to downplay the need for compensation. They might even imply that by choosing to ride, you "knew the risks."
- Misinterpreting Your Actions: They may view a safe, defensive maneuver you made as an aggressive one. A common tactic is to assume you were speeding based only on the other driver's claims, especially if you were incapacitated and unable to give your side of the story at the scene.
- Focusing on Irrelevant Details: They might place undue importance on aftermarket modifications to your bike or your lack of fluorescent clothing to build a narrative of carelessness.
How Bias Shows Up in Your Claim: 4 Tactics to Watch For
1. The Quick, Lowball Settlement Offer
The first offer is almost never the best one. For motorcyclists, it is typically significantly lower because it's based on an initial assumption that you're at least partially at fault.
They send it quickly, hoping you’re stressed about medical bills and will take the money without realizing its true value. This offer typically only covers a fraction of your actual costs, let alone future medical care, lost wages, or pain and suffering, which is why many riders choose to get a lawyer for a motorcycle accident before responding to anything.
2. The Recorded Statement Trap
The adjuster will sound friendly and helpful when they ask for a recorded statement. They are not trying to decide who to assign fault to, so they are looking for any information to use against you.
- Don't: Speculate, apologize, or offer opinions about the crash.
- Do: Stick to the basic, verifiable facts. Better yet, decline to provide a statement until you have spoken with an attorney. You are not legally required to provide a recorded statement to the other party's insurer.
3. Purposeful Delays and Radio Silence
The claims process is slow and frustrating. Sometimes, this is intentional. As your bills start to pile up, the pressure to settle for any amount of money grows. Delays are a tactic to wear you down and make a low offer seem more appealing.
4. Misusing Washington’s "Pure Comparative Fault" Law
Washington is a "pure comparative fault" state. This rule allows you to recover compensation even if you are found partially at fault, but your total compensation will be reduced by your percentage of fault.
For example, they might argue that although their driver ran a stop sign, your head injury was worse because you weren't wearing a DOT-approved helmet, even though Washington law requires one.
Why “I Didn’t See the Motorcycle” Is Not the Whole Story
In many motorcycle accidents, the other driver claims they never saw you. This statement gets repeated so frequently that it starts to sound like proof. It isn’t. It’s a perception issue, not an automatic sign that you did something wrong, and it often shapes what happens after a seattle motorcycle accident when insurers try to shift blame using visibility excuses.
Motorcycles Look Smaller to the Human Eye
A motorcycle takes up less space in a driver’s field of vision. The brain processes it differently than a full-size car. Drivers sometimes underestimate your speed or believe you’re farther away than you are. This is a well-known perception gap, not rider misconduct.
Traffic Patterns Hide Motorcycles
In busy areas, a motorcycle blends into the background of cars, signs, and movement. A driver checking for oncoming traffic might scan right over you without truly registering what they saw. We explain this through evidence and expert analysis so the insurer understands how it happened.
Line-of-Sight Is Rarely Simple
A car, a delivery van, a sharp curve, or even sun glare may block a person’s view for a second. When a driver assumes the road is clear after a quick glance, they may miss a motorcycle that was always there. Photos, measurements, and videos from nearby buildings help show these blind spots in a clear, objective way.
Drivers Make Incorrect Assumptions About Rider Behavior
Many assume motorcycles are weaving or speeding, even when you were riding responsibly. This assumption shapes how they interpret the moment of impact. When we walk through the physical evidence, it becomes easier to show what actually happened.
Visibility issues are real, but they do not automatically point toward rider fault. When the evidence shows where you were, how fast you were traveling, and how traffic moved around you, the insurer has far less room to lean on the idea that you “appeared out of nowhere.”
How We Build a Case That Overcomes Insurance Bias
We build a completely separate and more accurate account of the accident. Here’s how:
- We Conduct an Independent Investigation: The police report is a starting point, not the final word. We act quickly to gather evidence before it disappears, including canvassing for traffic or security camera footage, securing witness statements, and analyzing the physical evidence from the crash scene.
- We Document the Full Extent of Your Losses: We document the full scope of your injuries, which extends beyond initial medical bills. We work with you and your medical providers to create a complete picture of your damages, such as future medical treatments, lost earning capacity, physical therapy, and the non-economic costs like pain and suffering.
- We Handle Every Conversation with the Insurer: Once you hire us, the insurance company has to talk to us. This immediately stops them from using tactics like recorded statements to hurt your claim. We manage all paperwork, deadlines, and negotiations.
- We Use Our Experience to Defeat Their Arguments: Our practice focuses on motorcycle cases. We know the arguments they will use because we have defeated them before. We anticipate their blame-shifting tactics and prepare strong counter-arguments based on Washington state law and the evidence from your crash.
This proactive and thorough approach handles the legal work for you. You are able to focus on healing while we focus on ensuring the insurance company sees your claim for what it is—the result of another’s negligence, not a stereotype, which is the core of what motorcycle safety attorneys work to protect in every case.
Frequently Asked Questions About Motorcycle Accident Claims
The other driver’s insurance is blaming me for the accident. What should I do?
Do not argue with them or try to convince them on the phone. Anything you say will be used against you. Call an attorney to discuss the specifics of your case.
Does having a modified or custom bike hurt my claim in Washington?
It shouldn’t, but an insurer may try to argue that modifications made your bike unsafe. Have documentation for all modifications to show they did not contribute to the accident.
Washington has a mandatory helmet law. What if I wasn't wearing one?
While Washington requires all riders to wear a helmet under RCW 46.37.530, it does not prevent you from filing a claim. However, the insurance company will likely argue that your injuries are worse because you weren't wearing one to reduce your compensation under the comparative fault rule.
How much does Pendergast Law charge to handle my case?
We handle personal injury cases on a contingency fee basis. This means you pay us nothing upfront. We only receive a fee if we successfully recover compensation for you.
Why shouldn’t I just accept the insurance company’s first offer?
The first offer is typically far below the true value of your claim. It rarely accounts for future medical needs, lost earning potential, or your full pain and suffering.
Don’t Let a Stereotype Define Your Recovery
Don’t let an insurance adjuster’s unfair bias make you second-guess yourself or accept a settlement that doesn't cover your needs.
The insurance company has a playbook for handling motorcycle claims—one designed to minimize their payout. You deserve to have someone on your side with a playbook designed to secure your future.
If you’re ready to move forward, we’re here to help. Contact Pendergast Law for a straightforward evaluation of your case at (425) 228-3860.