How To Handle Insurance Companies After a Motorcycle Accident in Omaha

How To Handle Insurance Companies After a Motorcycle Accident in Omaha

The moments immediately following a motorcycle crash are frequently marked by intense confusion and disruption. After receiving medical care and returning home, a new challenge begins: dealing with insurance companies. 

Knowing how to handle insurance companies after a motorcycle accident in Omaha is a critical part of protecting your physical and financial recovery. The actions you take and the information you share in these early days have a significant impact on the outcome of your claim.

Your main priority is your health. The insurance company's primary goal is to resolve your claim for the lowest possible amount. These conflicting goals create a complicated dynamic that puts you at a disadvantage from the start.

Key Takeaways for Handling Insurance Companies After a Motorcycle Accident

• The insurance adjuster's primary role is to protect their company's financial interests, not to offer victims fair settlements.
• You control the flow of information; you’re not required to provide a recorded statement or sign broad medical authorizations immediately.
• Document everything related to the accident, including your injuries, expenses, and all communications with insurers.
• Nebraska’s comparative fault law can reduce your compensation if you’re found partially responsible for the accident.
• An experienced attorney manages all communication with insurers, shielding you from common tactics used to devalue claims.

The Insurance Adjuster’s True Role in Your Claim

After a motorcycle crash in Omaha, you can expect a call from an insurance adjuster. They may sound friendly and helpful, but it's essential to understand their actual role in the claims process. They’re not a neutral party.

An adjuster works for the insurance company. Their job performance is often measured by how quickly and cheaply they can close claims. This objective directly opposes your goal of receiving full compensation for your injuries and losses.

Representing Their Company's Interests

An adjuster's loyalty lies with their employer. Every action they take, from the questions they ask to the settlement they offer, aims to minimize the financial exposure of their company. 

Adjusters are trained negotiators skilled at building rapport to gain your trust while gathering information they can later use to contest your claim.

Investigating the Claim for Weaknesses

The adjuster's investigation focuses on finding reasons to reduce or deny your claim. They look for inconsistencies in your story, evidence of pre-existing injuries, or any admission of fault, no matter how minor. This is why withholding information until you speak with a lawyer is best.

Aiming for a Quick, Low-Cost Resolution

Insurers know that accident victims face mounting financial pressure. Adjusters may use this to their advantage by making a quick, lowball settlement offer. This offer may seem appealing, but it likely fails to account for the full range of future medical needs, lost earning capacity, or pain and suffering.

4 Initial Steps To Take Before Speaking With an Adjuster

Before engaging in a detailed conversation with an insurance company representative, take a few preparatory steps to safeguard your claim. The period after returning home is the ideal time to get organized. 

Preparing yourself early is a great way to handle insurance companies after a motorcycle accident in Omaha.

These steps help you build a framework for your claim:

1. Organize Your Documents: Gather all accident-related paperwork in one place. This includes the police report from the Omaha Police Department or Douglas County Sheriff, your medical records, prescription receipts, and any information you exchanged at the scene.
2. Start a Journal: Write down your pain levels, physical limitations, and how your injuries affect you every day. A journal provides a detailed, ongoing record of your suffering, which is a key component of your claim's value.
3. Don’t Post on Social Media: Insurance investigators regularly search claimants' social media profiles. They look for photos or posts that contradict your injury claims, such as pictures of you engaging in physical activities or even appearing happy, to minimize your injuries or pain and suffering.
4. Contact a Motorcycle Accident Lawyer: The most effective step you can take is to consult an attorney. A lawyer can advise you on your rights and manage all communications with the insurance company on your behalf.

Communicating With Insurance Companies Effectively

Direct communication with an insurer is full of potential pitfalls because even a simple, seemingly harmless conversation can be used against you. Understanding the rules of engagement helps you avoid common mistakes that could diminish the value of your claim.

You have a duty to report the accident to your own insurance company. When you do, stick to the basic facts. A good strategy for handling insurance companies after a motorcycle accident in Omaha involves providing only the necessary information.

Information You Need To Provide

When reporting the crash, you only need to provide basic information. You can state your name, the date and location of the crash, and the other driver's information. You’re not obligated to discuss your injuries in detail, give a recorded statement, or speculate about who was at fault for the accident.

Common insurance tactics you might encounter include:

• Requesting a Recorded Statement: The adjuster may inform you that this is a standard procedure, but you have the right to decline. Recorded statements primarily benefit the insurer. They often ask leading questions to get you to say something that damages your claim. 
• Asking for a Blanket Medical Authorization: The insurer needs to verify your injuries, but they may ask you to sign a form that gives them access to your entire medical history. This allows them to look for pre-existing conditions they can use to argue your injuries weren't caused by the crash.
• Pressuring You for a Quick Settlement: An adjuster might offer a settlement before you even know the full extent of your injuries. This is a red flag that the offer is likely far too low.

Mistakes That Diminish Your Claim's Value

Certain actions or statements can significantly reduce the amount of compensation you may receive. Many people unwittingly harm their own case by continuing to communicate with the insurer after providing basic information.

Simple mistakes to avoid include:

• Admitting Any Fault: Don’t apologize or accept any blame for the accident. Statements like "I'm sorry" or "I wasn't paying close enough attention" can be interpreted as an admission of guilt.
• Minimizing Your Injuries: When asked how you’re, avoid responding with "I'm fine" or "I'm okay." Be honest about your pain and limitations.
• Speculating or Guessing: If you don't know the answer to a question, say so. Don’t guess about speed, distance, or the sequence of events. Inaccurate statements can create credibility issues later.
• Discussing Settlement Figures Prematurely: Don’t discuss what you think your claim is worth. You don’t have enough information early on to make an accurate assessment.

Understanding a Reservation of Rights Letter

An insurer may send you a reservation of rights letter. This is a formal notice that, while they’re investigating your claim, they reserve the right to deny coverage at a later time. 

For instance, they may investigate but later decide that your policy doesn't cover the specific circumstances of the accident. 

Evaluating a Settlement Offer From the Insurer

At some point, the insurance company will likely make a settlement offer. This is one of the most critical phases of the process. How you handle this stage of your Omaha motorcycle accident insurance claim can determine whether you receive fair compensation.

The First Offer Is Rarely the Best

Insurance adjusters like to start low. The first offer they present is almost always less than the actual value of your claim. They make this offer hoping that you’re anxious about your financial situation and will accept it without question.

What Damages Factor Into a Fair Settlement?

A comprehensive settlement accounts for all of your past, present, and future losses related to the accident. Your attorney calculates this total value before ever entering into negotiations. 

These damages may include:

• Medical Expenses: This covers all costs associated with medical treatment, including initial emergency room visits, hospital stays, and future physical therapy and rehabilitation.
• Lost Income: You may recover wages lost while you were unable to work, as well as compensation for any reduction in your future earning capacity caused by your injuries.
• Property Damage: This includes the full cost to either repair your motorcycle to its pre-accident condition or replace it if it was totaled.
• Pain and Suffering: This compensates you for the physical pain, discomfort, and emotional distress you have experienced as a result of the crash and your injuries.
• Loss of Enjoyment of Life: This damage accounts for the impact your injuries have on your ability to participate in hobbies and activities you previously enjoyed.

Responding to an Unfairly Low Offer

If you receive a low offer, don’t get discouraged. You can reject the offer and have your attorney submit a counteroffer. This counteroffer must come with a detailed demand letter that explains the full extent of your damages and provides evidence to support the valuation. 

This point marks the beginning of the negotiation process, which may involve several rounds.

How Nebraska Laws Influence Your Claim

State laws create the legal framework for every personal injury claim. In Nebraska, a few key statutes have a direct bearing on your motorcycle accident case. A failure to account for these laws can compromise your ability to recover compensation.

Nebraska's Modified Comparative Fault Rule

Nebraska follows a modified comparative fault system. This means that you can still recover damages even if you were partially at fault for the accident, as long as your share of the blame isn’t more than the other party's. Your total compensation is then reduced by your percentage of fault. 

The Statute of Limitations for Filing a Lawsuit

In Nebraska, you generally have four years from the date of the crash to file a personal injury lawsuit. If you fail to file within this timeframe, you’ll lose your right to pursue compensation in court forever. 

While most cases settle out of court, preserving your right to sue gives you critical leverage in settlement negotiations.

How a Lawyer Protects and Strengthens Your Omaha Motorcycle Accident Claim

An experienced motorcycle accident attorney takes over the entire legal process, allowing you to focus entirely on your health. They act as your advocate and shield, protecting you from the pressures of the insurance industry.

A lawyer provides many benefits, including:

• Managing All Communications: Your lawyer becomes the single point of contact for all insurance companies, investigators, and defense attorneys involved in your case. 
• Conducting an Investigation: Your legal team gathers all evidence to build a strong claim, including the police report, witness statements, and traffic camera footage.
• Valuing Your Claim: Attorneys know how to calculate the full value of a claim, including complex damages like future medical expenses and diminished earning capacity. 
• Negotiating on Your Behalf: Lawyers are skilled negotiators who know the tactics adjusters use. They’ll handle the back-and-forth process to secure the best possible settlement offer.
• Filing a Lawsuit If Necessary: If the insurance company refuses to make a fair offer, your attorney can file a lawsuit and fight for your compensation in a Douglas County courtroom.

FAQ for How To Handle Insurance Companies After a Motorcycle Accident in Omaha

What Is the Best Way To Handle Insurance Companies After a Motorcycle Accident in Omaha?

The most effective way is to let an experienced lawyer handle them for you. This removes the risk of you making a mistake that could hurt your claim and places the burden on a professional who deals with these companies all the time. Your attorney manages all calls, paperwork, and negotiations.

Should I Give a Recorded Statement to the Insurance Adjuster?

You should politely decline to give a recorded statement until you have consulted with an attorney. These statements are not for your benefit. The adjuster can use your words, taken out of context, to challenge your version of events or the severity of your injuries.

How Long Does an Omaha Motorcycle Accident Claim Take To Settle?

The timeline for a claim varies widely depending on the complexity of the case. A straightforward claim with minor injuries might settle in a few months. A more complex case involving serious injuries and disputes over fault can take more than a year to resolve.

What if the Other Driver’s Insurance Blames Me for the Wreck?

If the insurer claims you’re at fault, don’t argue with them. Instead, contact an Omaha motorcycle accident lawyer immediately. Your attorney can build a case with the available evidence to counter their claims and establish the other driver’s liability under Nebraska's comparative fault laws.

How Do I Document My Losses for My Motorcycle Accident Claim?

Keep a detailed file of all expenses related to your accident, including medical bills, co-pays, pharmacy receipts, and mileage for travel to and from doctor's appointments. Additionally, obtain documentation from your employer that shows your lost wages. 

For non-economic losses, your journal detailing your pain and daily struggles serves as powerful evidence. Your lawyer will use their skill, experience, and resources to turn your documentation into an accurate calculation.

Your Path to Recovery Starts Today

Every interaction with an insurer either moves you closer to fair compensation or pushes you further away. When you hand the reins to an attorney, you put a professional advocate in your corner to protect your right to seek a fair recovery.

Let a skilled legal team manage the details of your claim. If you have questions about your motorcycle accident, call Steffens Law Offices, P.C. at (402) 414-4896 for a free consultation.