The Impact of Aftermarket Motorcycle Modifications on Your Accident Claim

For so many riders in West Virginia, a motorcycle is more than just a way to get around—it’s a passion project. Making your bike your own with custom parts and personal touches is a huge part of the culture and the fun. But after an accident, the very things that make you proud of your bike can become weapons for an insurance company to use against you.

At Desai Law, our team understands the pride you take in your ride. We also understand the frustrating ways insurance adjusters can twist the facts about your bike to deny a fair payout. As your legal team, we want to explain the truth about motorcycle modifications and WV law so you can protect yourself and your claim.

This guide will walk you through West Virginia’s laws on modifications, explain how insurance companies can use your custom parts against you, and show you how we fight back to protect your rights.

Are My Motorcycle Mods Legal in West Virginia?

This is the first question that needs to be answered after a crash involving a custom bike. While you have a lot of freedom to personalize your motorcycle, there are specific state laws designed to make sure all vehicles on the road are safe. If a modification on your bike breaks one of these laws, an insurance company will almost certainly use it to try and place blame on you for the accident.

West Virginia has a specific law that outlines what kinds of modifications are considered unsafe and illegal. It is against the law to modify a vehicle in any way that:

• Causes the body or chassis to come into contact with the ground.
• Exposes the fuel tank to damage in a collision.
• Allows the wheels to touch the body of the vehicle during normal operation.
• Involves disconnecting or altering the original suspension system in a way that makes it unsafe.

These rules are in place for a reason—to prevent unsafe vehicles from being on the road. However, an insurance adjuster might see a bike with a custom suspension that is perfectly safe and still try to argue that it violates this law. They may not understand the modification or may be intentionally misinterpreting the law to save the company money.

How Insurance Companies Use Modifications Against You

Even if your modifications are perfectly legal, an insurance company can still try to use them to reduce your payout or deny your claim. Their goal is to create a story that you, the rider, were at least partially at fault for the accident.

Here are the main ways they do it:

Blaming the Modification for the Crash

This is their favorite tactic. Let’s say you have custom “ape hanger” handlebars. After you are hit by a driver who ran a stop sign, the insurance adjuster might try to argue that your handlebars made it harder for you to steer or react in time. They might claim that if you had the factory handlebars, you could have avoided the crash. They will try to make this argument even if it’s not true and even if the other driver was 100% at fault. Their goal is to assign you a percentage of the blame because, under West Virginia’s fault rules, if they can convince a jury you were 50% or more at fault, they don’t have to pay you anything.

Arguing the Modification Made Your Injuries Worse

Another tactic is to admit their driver caused the crash but argue that your custom parts made your injuries more severe than they should have been. For example, they might claim that a custom seat or forward footpegs changed your riding position in a way that led to a worse injury in the fall. This is another way they try to chip away at the compensation you rightfully deserve for your medical bills and pain.

Scrutinizing Aftermarket Repair Parts

Insurance companies will look at every part on your bike after a crash, not just the custom parts you added for style or performance. This includes parts that may have been used to repair the bike after a previous incident.

West Virginia has a law that requires body shops to tell you in writing if they are using aftermarket parts (parts not from the original manufacturer) for repairs. The law is designed to protect consumers.

However, an insurance company might see a non-OEM brake lever or footpeg on your bike and argue that this “inferior” part failed and contributed to the accident. They will investigate whether you were properly notified about the part to see if they can create doubt and shift blame.

Common Modifications That Can Cause Problems in a Claim

Riders make countless types of modifications, from simple cosmetic changes to full engine rebuilds. While most are perfectly safe, some common modifications are frequently targeted by insurance adjusters:

• Loud Exhaust Pipes: An adjuster might argue that your loud pipes distracted other drivers or even that you couldn’t hear the traffic around you properly.
• Handlebars (Ape Hangers, Drag Bars): As mentioned, they will often claim that non-standard handlebars compromise the bike’s handling and your ability to react.
• Custom Lighting (LEDs, “Underglow”): They may claim that your custom lights were distracting to other drivers or that your brake lights or turn signals were not visible enough.
• Engine and Transmission Mods: If you’ve modified your engine for more power, they may try to paint you as a reckless speed-lover, using your passion for performance as “evidence” of your character.

Protecting Your Claim When You Have a Custom Bike

If you’ve been in an accident on your modified motorcycle, don’t let the insurance company bully you. Our team knows that personalizing your bike is part of being a rider. We also know that safety should always be the top priority.

Here is how we fight back for you:

• We Hire Our Own Experts: If an insurance company tries to blame your custom parts, we can bring in motorcycle engineering and safety experts. These professionals can analyze your bike and provide an expert opinion showing that your modifications were safe and did not cause the crash.
• We Focus on the Real Cause of the Accident: We don’t let the insurance company distract from the main issue. We gather the evidence—witness statements, police reports, traffic camera footage—that proves their driver was the one who was negligent. The fact that you have custom handlebars is irrelevant when the other driver ran a red light.
• We Understand the Law: We know the specific language of West Virginia’s laws on vehicle modifications. We can counter an adjuster’s incorrect claims and show that your bike was perfectly legal and safe for the road.

Don’t Let an Insurer Turn Your Pride and Joy Against You

You have a right to personalize your property, and you have a right to fair treatment after an accident. Don’t let an insurance adjuster use your passion for motorcycles as an excuse to deny your claim.

If you have been injured in a crash on your custom or modified motorcycle, call our team. We understand the challenges you face, and we know how to fight back against these unfair tactics.

We are here to offer a free consultation to listen to your story and explain how we can help. To get in touch with our team, please visit our contact page.