Handling Insurance Bias Against Motorcyclists in West Virginia Claims

There is a unique feeling of freedom that comes with riding a motorcycle on the open roads of West Virginia. It’s a connection to the road and the scenery that you just can’t get in a car. But as riders, you also know that you can be misunderstood. Unfortunately, after an accident, that misunderstanding often turns into unfair treatment from insurance companies.

At Desai Law, our team has seen it time and time again: an insurance adjuster sees a motorcycle on a claim form and immediately looks for a way to pay less or deny the claim altogether. As your motorcycle accident lawyers in West Virginia, we want you to know that this bias is real, and you don’t have to accept it.

We fight for the rights of motorcyclists across West Virginia because we believe you deserve to be treated with respect. This guide will explain how insurance bias works, the tactics companies use, and how our team fights back to get you the fairness you are owed.

Does Your Insurance Company See a Biker, Not a Person?

After a crash, the first thing an insurance company should do is focus on the facts of the accident and the injuries you have suffered. But often, they focus on the vehicle you were riding. A negative stereotype of motorcyclists as reckless risk-takers still exists, and it can infect the entire claims process. This isn’t fair, and it isn’t based on reality.

The truth is, most motorcycle accidents are not the rider’s fault. Many crashes happen because the drivers of cars and trucks simply fail to see motorcycles in traffic or don’t respect their right to be on the road.

According to the National Highway Traffic Safety Administration (NHTSA), motorcyclists are significantly more likely to be injured or killed in a crash than occupants of a passenger car, highlighting the serious dangers riders face from other vehicles. When an insurance company ignores these facts and instead leans on outdated stereotypes, it is a form of bias. They might assume you were speeding or weaving through traffic, even when there is no evidence to support it. This can lead them to offer a quick, lowball settlement or to deny your valid claim from the start.

Common Insurance Tactics Used Against WV Riders

Insurance companies have playbooks designed to save them money, and when a motorcycle is involved, they often turn to specific pages in that book. These tactics are built on confusing policy language and a hope that you won’t fight back.

The “Exclusionary Clause”

One of the most common ways insurers deny claims is by pointing to something called an “exclusionary clause.” This is a sentence or paragraph buried deep in your insurance policy that is specifically designed to exclude, or block, coverage in certain situations. Past court cases in West Virginia have shown how these clauses can be used against riders.

The Uninsured Motorist (UM) Trap

You might think you are fully covered because you have uninsured or underinsured motorist (UM/UIM) coverage. This is the coverage that protects you if you are hit by someone with no insurance or not enough insurance. But here’s the trap: West Virginia courts have seen cases where a rider had UM/UIM coverage on their cars, but because the motorcycle they were riding in the accident wasn’t listed on that exact same policy, the insurance company refused to pay. They used an exclusion to say the policy didn’t apply, leaving the injured rider with a mountain of bills.

The “Motorcycle Not Covered” Argument

In other past cases, insurance policies have been written in such a confusing way that the company could later argue that the policy was never meant to cover motorcycle accidents at all. A family might pay their premiums for years, only to be told after a tragic accident that the fine print excludes the very thing they thought they were protected from.

Problems with Out-of-State Policies

Sometimes, an insurance policy from another state can be used to deny a claim for a crash that happens right here in West Virginia. We have seen situations where a policy from a neighboring state contained an anti-motorcycle clause. Even though the accident was in WV, the insurance company tried to use the other state’s rules to avoid paying. This shows how far an insurer will go to use any excuse they can find in the paperwork.

These are examples of how the insurance industry can structure policies in a way that is biased against motorcyclists. They know the risks are high, so they write policies that allow them to collect payments but avoid paying out when a claim is actually made.

How a WV Motorcycle Accident Lawyer Fights Back

When you are up against a giant insurance company, you need a fighter in your corner who knows the law and understands the bias you are facing. Our job is to force the insurance company to look at the facts of your case, not the type of vehicle you ride.

We Investigate Your Crash Thoroughly

Our team starts by doing our own investigation into your accident. We don’t just take the police report at face value. We gather evidence, talk to witnesses, and can even bring in accident reconstruction experts if needed. We work to prove what really happened and show that the other driver was at fault.

We Analyze Your Insurance Policy

You should not have to be a legal expert to understand what your insurance policy covers. We will read every line of your policy to understand exactly what you are entitled to. We look for those exclusionary clauses and determine if they are even legal and enforceable under West Virginia public policy. Sometimes, an exclusion is so unfair that it can be challenged in court.

We Are Not Afraid to Go to Court

Insurance companies often make low offers because they believe you will be unwilling or unable to take them to court. Our firm prepares every case as if it is going to trial. This sends a strong message to the insurer that we will not back down and that they will have to defend their unfair denial in front of a judge and jury. This preparation often leads to much better settlement offers because they know we mean business.

Fighting a Denied Motorcycle Claim in WV? Get a Fighter on Your Side

After a serious motorcycle accident, your focus should be on one thing: your recovery. You shouldn’t be forced to fight an uphill battle against an insurance company that is treating you like a statistic instead of a person. The bias against motorcyclists is real, but you don’t have to face it alone.

If you have been injured in a motorcycle wreck in West Virginia, or if your insurance company has denied your claim, please call our team. We have successfully recovered millions in settlements, including a significant win of over $100,000 for a client who sustained soft tissue injuries and a concussion in a motorcycle accident.

We are here to offer a free, no-pressure consultation to listen to your story and review your insurance policy. Let us be the fighters in your corner. To get in touch with our team, please visit our contact page.