Tap to CallWhat If Insurance Blames Me for My Motorcycle Crash?
You already know a motorcycle crash can change everything. Medical bills pile up, your bike has sustained damage, and you cannot work while you heal. Then the insurance company adds another blow: it says the crash was your fault.
If this has happened to you, take a breath. Being blamed does not mean you have no options, nor does it mean the insurer’s version of events is correct. This article explains why insurers often blame motorcyclists in Virginia, what the state’s contributory negligence rule means for your claim, and what steps you can take to protect your right to compensation.
Why Insurance Companies May Try to Blame Motorcyclists After a Crash
Insurance companies want to protect their bottom line, not the people who file claims. An insurance company shifts blame onto the motorcyclist in an effort to devalue their claim or deny it altogether.
Some insurance adjusters rely on unfair stereotypes that motorcycle riders are reckless or speed excessively, even when the evidence shows otherwise. That is why insurers frequently point to the motorcyclist first, hoping the rider will accept a smaller settlement or walk away without a fight.
How Virginia’s Contributory Negligence Rule May Affect a Motorcycle Accident Claim
Virginia follows one of the strictest fault rules in the country. Under the state’s contributory negligence doctrine, an injured motorcycle rider who bears even a small amount of fault for a crash can lose the right to recover any compensation. That differs from most states, where a partly at-fault driver can still recover a reduced amount in many cases.
Virginia’s contributory negligence rule gives insurance companies a strong incentive to pin any share of fault on the motorcyclist. Even a claim that you were riding a few miles per hour over the speed limit, or that you should have reacted sooner, could be used in an attempt to deny your entire claim.
Because the contributory negligence standard is so strict, it helps to have one of our experienced personal injury attorneys review the crash details and challenge any unfair claims of fault before you agree to anything or sign any paperwork the insurer sends you.
What to Do If the Insurer Blames You for the Motorcycle Crash
If an adjuster tells you that you caused the crash, a few steps can protect your claim:
- Avoid recorded statements – Insurance adjusters often ask leading questions designed to get you to admit fault, so you need to wait until you have legal guidance before answering questions from them.
- Do not sign early settlement offers – Insurers sometimes offer a fast payout before you know the full cost of your injuries. Accepting it can end your right to seek more money later.
- Review your insurance coverage – Understanding what protections apply, including any underinsured motorist (UIM) coverage, can reveal options you did not know you had.
- Keep every piece of documentation – Police reports, medical records, photos, and repair estimates all help build a clear picture of what happened.
- Contact Lichtenstein Law Group PLC as soon as possible – Our experienced Virginia motorcycle accident attorneys are ready to fight the insurance company’s fault determination in your motorcycle accident case. Let us deal with the insurance company while you focus on healing.
Evidence That Can Help Prove the Other Driver Was at Fault
Strong evidence can push back against an unfair blame claim. Useful evidence often includes:
- Police accident report – Officers document statements, citations, and their observations from the scene, which can support your version of events.
- Security or traffic camera footage – Nearby businesses, intersections, or doorbell cameras sometimes capture the moments leading up to the crash.
- Witness statements – People who saw the crash can confirm details that support your account and contradict the insurer’s story.
- Accident reconstruction analysis – A trained expert can use physical evidence, such as skid marks and vehicle damage, to show how the crash actually happened.
What If the Other Driver Says They Did Not See Me?
“I didn’t see the motorcycle” is one of the most common excuses drivers give after hitting a motorcyclist, and it rarely holds up as a defense.
All motorists have a duty to watch for other vehicles, including motorcycles, before turning, changing lanes, or pulling out of a driveway. Failing to look carefully, or looking without truly seeing what is there, does not excuse a driver from responsibility. In fact, this kind of statement could work in an injured motorcyclist’s favor, since it may show the other driver was not paying proper attention to the road.
Deadlines for a Virginia Motorcycle Accident Claim
Virginia law limits how long you have to take legal action, so acting quickly matters.
- Regular personal injury claims – Virginia’s statute of limitations gives most injured riders two years from the date of the crash to file a personal injury lawsuit.
- Claims against a city, county, or town – You generally have only six months from the date of the crash to send written notice of your claim to the local government.
- Claims against the state government – You generally have one year from the date of the crash to send written notice of your claim to the state.
Missing any of these deadlines can end your right to pursue compensation, even if it is clear that the other driver was at fault and you would otherwise have a valid claim. Reach out to our motorcycle accident lawyers as soon as possible to ensure missed deadlines do not upend your claim.
How a Virginia Motorcycle Accident Attorney Can Help
An experienced motorcycle accident attorney from Lichtenstein Law Group PLC can gather evidence, deal with insurance adjusters, and build a case that shows what really happened.
Our personal injury attorneys can also push back against unfair blame games, explain how contributory negligence may apply to your specific situation, and work to protect your right to compensation before a deadline passes. We can identify every available source of coverage, so you do not miss out on money you are owed.
With legal help from our law firm, you will not have to face a difficult insurer alone.
Contact a Virginia Motorcycle Accident Lawyer for a Free Case Review
If an insurance company has blamed you for a motorcycle crash you did not cause, Lichtenstein Law Group PLC wants to help you fight back.
Our attorneys bring nearly 100 years of combined legal experience to every case. Founding attorney John E. Lichtenstein has been named a 2027 Best Lawyers® “Lawyer of the Year” for Personal Injury Litigation in Roanoke, one of 16 such honors he has received since 2006. He is also a fellow of the American College of Trial Lawyers, a distinction reserved for a select group of respected trial attorneys.
Our team has resolved hundreds of personal injury and wrongful death cases, including results that exceed $1 million. As one client put it in a Google review:
” Lichtenstein Law Group had the greatest of integrity to help me win my case.” – Mike M.
Call Lichtenstein Law Group PLC or reach out online today for a free consultation about your motorcycle accident claim.
