If you were hurt in a motorcycle accident that was caused by a negligent driver, you are entitled to compensation for your injuries under Virginia law. However, the motorist’s 
insurance company is unlikely to immediately agree to pay you all you are entitled to.
They could raise defenses to attempt to deny your claim or pay you less money than you deserve in your settlement. Here are some of the arguments they could use against you when you file your claim.
Top Motorcycle Collision Defenses
It is important to anticipate the arguments that the insurance company could make in your case. The best way to be prepared is to hire an experienced motorcycle accident lawyer as soon as possible after your crash. A lawyer can identify the defenses that the insurance adjuster will most likely raise and will know how to refute them. Here are the leading defenses that are used in these cases:
- Contributory negligence. One of the most common defenses that the insurance adjuster could raise is that you were partially to blame for your crash. Virginia follows the harsh contributory negligence doctrine that would prevent you from receiving any damages if you were at all to blame for your accident. However, just because the insurance company claims this does not make it true.
- Pre-existing condition. The insurance company could also claim that you have a pre-existing condition that caused your injuries. However, even if your motorcycle accident made a prior condition worse, the negligent driver is still liable to compensate you.
- Other liable parties. If there were other vehicles involved in the accident or other conditions, such as road conditions, that contributed to the collision, the insurance company could claim that these parties were partially or completely responsible for paying you.
- Mitigation of damages. You have a duty to mitigate, or reduce, your damages when filing your claim. If you failed to obtain prompt medical care for your injuries, missed appointments, or did not follow your doctor’s advice, the insurance company could argue that you caused your injuries to get worse and are not entitled to all the compensation you are asking for.
Consult With a Norfolk Motorcycle Accident Lawyer Today
Were you or a family member injured in a motorcycle accident in Norfolk or Virginia Beach? Let our skilled and compassionate motorcycle accident legal team fight for the compensation you deserve from the negligent driver. We understand the defenses the insurance company may raise and have strategies to defeat their arguments. To learn more about how we can assist you, call our Norfolk office to schedule a free case evaluation today.
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