You’ve done everything right. You filed your insurance claim after a motorcycle accident, submitted documentation, followed up, and then came the denial. The frustration is real, especially when you’re in pain, out of work, and facing mounting bills.
At The Stewart Law Firm, we know how devastating a motorcycle crash can be and how infuriating it feels to have your claim dismissed when you need support the most. Our lead advocate, Stephen Stewart, and our legal team bring years of experience, powerful trial skills, and a deep commitment to helping injured riders across Texas get their lives back on track.
Here’s what you need to know if your motorcycle accident claim was denied and what you can do to fight back.
What Are The Most Common Reasons Why Motorcycle Claims Get Denied in Texas?
Motorcycle accident claims are denied more often than you’d expect. Insurance companies look for reasons to reduce or avoid payouts. Here are common justifications they use:
1. Disputed Liability
Texas follows a modified comparative fault rule under Tex. Civ. Prac. & Rem. Code § 33.001. You can’t recover damages if you’re found more than 50% at fault for the crash. Insurers may exaggerate your share of fault to justify denial.
2. Lack of Medical Evidence
If there’s a gap between the crash and your treatment, or your records don’t tie your injuries to the accident, insurers may argue your injuries were pre-existing or unrelated.
3. Policy Coverage Issues
Your claim may be denied if your policy lapsed, if exclusions apply, or if the at-fault driver’s insurance limits are exhausted.
4. Delayed Filing
Insurance companies require prompt notification of a claim. Delays can be used as grounds for denial, even if you’re still within the statute of limitations.
5. Insufficient Documentation
If your claim lacks supporting evidence, like a police report, photos, or witness statements, the insurer may claim there’s not enough to support liability or damages.
What to Do After a Motorcycle Claim Denial
Don’t let a denial stop you. You still have options, here’s what you can do next:
- Read the Denial Letter Carefully: The denial notice must state the reason(s) for rejection. This is your starting point for deciding how to challenge it.
- Gather and Organize Your Evidence: Make sure you have:
-
-
- Medical records and bills
- Police reports and crash diagrams
- Photos/videos from the scene
- Repair estimates
- Witness contact info
- A copy of your insurance policy
-
- Speak to an Experienced Motorcycle Accident Lawyer: At The Stewart Law Firm, we help you review the denial, evaluate your rights, and determine whether to appeal or file a personal injury lawsuit.
Under Texas Civil Practice and Remedies Code § 16.003, the statute of limitations for personal injury claims is two years from the date of the accident. If you wait too long to act after a denial, you could lose your right to recover altogether.
Appealing a Denied Motorcycle Accident Claim
If your motorcycle accident claim has been denied, don’t assume the decision is final. Insurance companies can make mistakes, misinterpret evidence, or wrongfully deny valid claims. Fortunately, you can challenge their decision and pursue the compensation you deserve.
Request a Reconsideration
In some cases, submitting new documentation or clarifying details can reverse the denial. This is especially effective when the denial is based on missing records or misunderstandings.
File an Internal Appeal
Insurance companies often offer an internal appeal process. Your attorney can draft a detailed appeal letter, including supporting documentation and a legal argument showing why the denial was improper.
File a Complaint
If the insurance company is acting in bad faith, you can file a complaint with the Texas Department of Insurance. Bad faith includes:
- Unreasonable delays
- Refusing to pay a valid claim
- Misrepresenting policy terms
This may open the door to additional damages under Texas Insurance Code § 541.060.
File a Personal Injury Lawsuit
A personal injury lawsuit may be the best path if the insurance company doesn’t negotiate fairly. Legal action can help you pursue:
- Medical expenses
- Lost income
- Pain and suffering
- Future treatment costs
- Property damage
Our team at The Stewart Law Firm is fully prepared to take your case to court if that’s what it takes to get justice and the compensation you deserve.
How Can a Motorcycle Accident Lawyer in Texas Help?
Some denied claims can be cleared up with additional paperwork. Others require immediate legal intervention. If any of the following apply, call a personal injury lawyer now:
- Your injuries are serious or permanent
- Your denial was based on partial or total fault
- The insurer is making lowball offers
- The denial came after you provided extensive documentation
- You’re overwhelmed and unsure how to move forward
Motorcycle accident cases are especially vulnerable to bias. Insurers may assume the rider was speeding or reckless, even without evidence. That’s why it’s essential to have a lawyer who understands these dynamics and knows how to counter them effectively.
Contact Our Motorcycle Accident Lawyers at The Stewart Law Firm Today
Motorcycle accident cases aren’t just personal injury cases, they require a strategic, aggressive approach. At The Stewart Law Firm, we don’t just process paperwork. We dig deep, challenge insurers, and fight for every dollar our clients are owed.
If your motorcycle accident claim has been denied, don’t wait. Contact us today for a free consultation. Let’s take a closer look at your case, challenge the denial, and build the path forward together.
