How Insurance Bias Hurts Motorcycle Riders—And What You Can Do About It

John J. Malm & Associates Personal Injury Lawyers

If you’ve been injured in a motorcycle accident, you may think getting fair compensation from the insurance company is straightforward—especially if the other driver was clearly at fault. Unfortunately, many motorcyclists find that’s far from the truth. Insurance companies often treat riders unfairly, relying on harmful stereotypes and biased assumptions that can delay, reduce, or even deny valid claims.

In this blog, we’ll break down how insurance bias works against motorcyclists, why it happens, and what you can do to protect your rights after a crash in Illinois.

Why Are Motorcyclists Treated Differently After an Accident?

Insurance companies are in the business of risk—and managing their payouts. When it comes to motorcycle accidents, adjusters may see higher costs due to the severity of injuries. To protect their bottom line, they often look for ways to reduce or deny claims. That’s where bias comes in.

Some of the most common assumptions include:

  • “Motorcyclists are reckless.”
    Many adjusters jump to the conclusion that riders were speeding or weaving through traffic—even without evidence.
  • “They accepted the risk.”
    Insurance companies may argue that riding a motorcycle is inherently dangerous and that injuries should be expected.
  • “No helmet, no compensation.”
    Even if Illinois doesn’t have a mandatory helmet law, some insurers try to use the lack of a helmet to argue you contributed to your injuries.

Examples of Insurance Bias in Action

  • Lowball settlement offers: A rider with a serious injury might be offered a fraction of what a similar car accident victim would receive.
  • Blaming the motorcyclist: Even in rear-end collisions or left-turn accidents, insurers may try to assign partial fault to the biker.
  • Dragging out the claim: Delays in communication and endless requests for documentation can wear down injured riders, leading them to settle for less.

How Insurance Bias Can Impact Your Motorcycle Accident Claim

Insurance bias can:

  • Reduce your compensation due to alleged shared fault
  • Delay the payment of your medical bills or lost wages
  • Result in outright denial of your claim
  • Force you into a drawn-out negotiation process when you’re already dealing with pain and recovery

Illinois uses comparative fault rules, meaning your compensation can be reduced if you’re found partially at fault. For example, if you receive a verdict of $100,000, but you’re found to be 20% at fault, your verdict amount will decrease to $80,000. That gives insurance companies extra incentive to try to pin blame on the rider—even when it’s not deserved.

How Riders Can Challenge Insurance Bias in Motorcycle Crashes

Here are steps you can take to protect yourself:

  1. Don’t admit fault or guess what happened. Stick to the facts when reporting the accident.
  2. Get medical attention immediately. Your injuries should be documented as soon as possible.
  3. Preserve evidence. Take photos of the scene, your bike, your injuries, and get witness statements if you can.
  4. Don’t give a recorded statement to the other driver’s insurance company. They may try to twist your words.
  5. Hire an attorney who understands motorcycle accident claims. An experienced Illinois motorcycle accident lawyer who’s familiar with insurance bias can push back and demand fair treatment.

John J. Malm & Associates Stands Up for Injured Bikers

At John J. Malm & Associates, we understand the unique challenges injured motorcycle riders face after an accident. Unlike drivers of cars or trucks, motorcyclists are more vulnerable to serious injuries, and unfortunately, they are often unfairly blamed for crashes. Our top-rated Naperville injury attorneys work hard to protect your rights and ensure you aren’t treated unfairly by insurance companies or the other party.

From the moment you contact us, we step in to handle the legal side—gathering evidence, speaking with witnesses, reviewing police reports, and consulting medical professionals to understand the full extent of your injuries. We aggressively negotiate with insurers and, if necessary, take your case to court to fight for the compensation you deserve. Whether your accident involved a distracted driver, a left-turn collision, or dangerous road conditions, our experienced attorneys are ready to help you move forward. You focus on healing—we’ll focus on getting justice.

Contact the Award-Winning Illinois Motorcycle Accident Attorneys at John J. Malm & Associates

At John J. Malm & Associates, we’ve seen firsthand how insurance companies try to take advantage of riders—and we fight back. Whether you were hit by a distracted driver, injured in a left-turn crash, or blamed unfairly, we’re here to help you get the compensation you deserve.

If you’ve been hurt in a motorcycle accident, contact us today for a free consultation. We’ll deal with the insurance company—and help you get the compensation you deserve.

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