What to Do If an Insurance Company Says You Were Reckless in a Motorcycle Accident

Motorcycle accidents can be life-changing events, leaving riders with serious injuries, mounting medical bills, and emotional trauma. When you file an insurance claim after an accident, you expect the insurance company to evaluate your case fairly. However, it’s not uncommon for insurers to accuse motorcyclists of being “reckless” in an attempt to limit or deny compensation. If you’ve been labeled reckless after a crash, it’s critical to know your rights and how to protect yourself.

According to the National Highway Traffic Safety Administration (NHTSA), motorcyclists are 24 times more likely than passenger car occupants to die in a crash per vehicle mile traveled. Because of these higher risks, insurers often approach motorcycle claims with skepticism, sometimes unfairly blaming riders to avoid paying claims.

In this blog, we discuss what you should do if an insurance company claims you were reckless after a motorcycle accident and how our top-rated Naperville injury lawyers can help you get the compensation you deserve.

Understand What “Recklessness” Means

In legal terms, “recklessness” means acting with a conscious disregard for the safety of others. It’s more serious than simple negligence. Examples of reckless motorcycle riding might include:

• Excessive speeding
• Weaving through traffic
• Ignoring traffic signals
• Performing stunts on public roads
• Riding under the influence of alcohol or drugs

However, not every mistake or error qualifies as recklessness. Insurance companies may loosely use the term to make you seem more at fault than you are.

Stay Calm and Do Not Admit Fault

If an insurance adjuster accuses you of recklessness, stay calm. Don’t argue or make admissions, such as “Maybe I was going too fast.” Anything you say can be used against you later. Simply state that you disagree and that you would like to provide all the facts and evidence to clarify what happened.

Gather and Preserve Evidence

The burden of proof is on the insurance company if they claim you were reckless. You can fight back by gathering strong evidence, including:

• Police Report: This often contains the officer’s assessment of fault and whether reckless behavior was observed.
• Eyewitness Statements: Bystanders may corroborate that you were riding responsibly.
• Traffic or Surveillance Camera Footage: Video can be powerful evidence showing you were obeying traffic laws.
• Helmet and Protective Gear: Showing you were properly equipped can demonstrate that you took safety seriously.
• Photos of the Scene: Pictures can tell the story of the accident better than words.

Hire an Experienced Motorcycle Accident Lawyer

Insurers are skilled at shifting blame to minimize payouts. Having a knowledgeable Illinois motorcycle accident attorney levels the playing field. A lawyer can:

• Investigate the accident independently
• Interview witnesses
• Obtain accident reconstruction experts
• Challenge the insurer’s allegations
• Negotiate with the insurance company
• Represent you in court if necessary

A  study from the Insurance Research Council found that injured parties who hired an attorney received settlements 3.5 times larger, on average, than those who handled claims alone.

Understand Comparative Fault Rules

Most states, including Illinois, follow a form of “comparative fault” law. In Illinois, under 735 ILCS 5/2-1116, if you are found to be less than 50% at fault for the accident, you can still recover damages — but your compensation is reduced by your percentage of fault.

For example, if you are awarded $100,000 but found 20% at fault, your recovery would be reduced to $80,000.

If an insurance company labels you “reckless,” they may be trying to argue that your fault exceeds 50%, which would bar you from recovering anything. Challenging that narrative is crucial.

Request a Full Explanation in Writing

If the insurer claims you were reckless, ask them to provide a written explanation, including the evidence they are relying on. This can help you:

• Identify weaknesses in their case
• Understand what evidence you need to refute their claims
• Build a stronger appeal or lawsuit if necessary

Be Cautious with Giving Recorded Statements

Insurance adjusters may ask for a recorded statement shortly after the accident. Politely decline until you consult with an attorney. Adjusters are trained to ask questions that can elicit damaging admissions, even if you were not truly reckless.

Don’t Be Pressured Into a Low Settlement

If an insurer claims you were reckless, they may use that to pressure you into accepting a low settlement — implying you might get nothing otherwise. Don’t fall for it. Your case may be worth much more once the full facts are reviewed and fault is fairly allocated.

Motorcycle accident claims involving serious injuries often require significant compensation for:

• Medical bills
• Future treatment
• Lost wages
• Reduced earning capacity
• Pain and suffering
• Emotional distress

According to the National Safety Council (NSC), the average comprehensive cost of a disabling traffic injury was $155,000 in 2021. For motorcycle accidents, where injuries are often more severe, costs can be even higher.

Watch for Bias Against Motorcyclists

There’s an unfortunate bias against motorcyclists. Studies show that riders are often perceived as risk-takers, even when they follow all traffic laws. A 2019 study in the journal Accident Analysis & Prevention found that drivers were more likely to blame motorcyclists than car drivers for crashes, even when the motorcyclist was not at fault.

Insurance companies know about this bias and sometimes exploit it. Being aware of it helps you and your lawyer counteract it with facts and evidence.

Prepare for Litigation if Necessary

If the insurer refuses to treat you fairly, filing a lawsuit may be necessary. Your attorney can help you file a personal injury lawsuit against the at-fault party (and their insurer) to seek full compensation. The threat of litigation alone often motivates insurers to offer a fair settlement.

In Illinois, the statute of limitations for filing a motorcycle accident lawsuit is generally two years from the date of the accident. Missing this deadline could prevent you from recovering anything, so it’s important to act promptly.

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

Being accused of recklessness after a motorcycle accident can feel frustrating and overwhelming. But remember — an accusation is not a conviction. Insurance companies often use this tactic to limit payouts, but with the right strategy, you can fight back. Stay calm, preserve evidence, consult an experienced attorney, and be ready to challenge unfair allegations.

If you have been involved in a motorcycle accident and are facing accusations of recklessness, contact John J. Malm & Associates for a free consultation. The sooner you act, the better your chances of building a strong case and securing the recovery you need. Let us help you get the compensation you deserve.