The bias riders face, and how we counter it
Adjusters, and sometimes juries, start from an assumption that the motorcyclist was speeding, weaving or reckless. That assumption shows up as a lowball offer and an inflated claim of comparative fault. Under Georgia’s modified comparative negligence rule, every percentage point of fault assigned to you reduces your recovery, and at 50% it eliminates it.
We do not argue about assumptions. We reconstruct the crash. Skid and gouge marks, the final rest positions of both vehicles, damage patterns, helmet and gear damage, intersection camera footage, nearby business cameras, the driver’s phone records and, increasingly, data from the bike or the car itself. The evidence usually shows a driver who turned left across the rider’s path, changed lanes without looking or pulled out from a side street.
What makes motorcycle injury claims different
Road rash, fractures, traumatic brain injury and spinal injuries are common even at moderate speeds. Future medical care and lost earning capacity are a central part of the claim, not an afterthought.
Georgia requires all riders to wear an approved helmet. If you were wearing one, that is documented. If you were not, the insurer will try to use it; the law on how that affects a claim is nuanced and we address it head-on.
Lane splitting is not legal in Georgia. Insurers sometimes allege it without evidence. Position of impact and witness accounts settle the question.
If the at-fault driver has little or no coverage, your own uninsured/underinsured motorist coverage may apply. We review every policy, including yours.
What to do after a motorcycle crash in Georgia
- 1
Get checked out, even if you walked away. Adrenaline masks fractures and head injuries. A same-day medical record also closes the door on the argument that you were hurt somewhere else.
- 2
Keep your gear. Do not throw away or repair your helmet, jacket or boots. Damage patterns are evidence.
- 3
Photograph everything. Both vehicles, the road, debris field, skid marks, traffic signals and your injuries.
- 4
Get the police report number. And the names of any witnesses. People who stop to help rarely stay long.
- 5
Do not give a recorded statement to the other insurer. You are not required to, and it will be used to assign fault to you.
- 6
Call us before accepting any offer. Early offers are built on the hope that you don’t yet know what your injuries will cost.
Your motorcycle is a claim too
Bikes are totaled more often than cars, and insurer valuations routinely miss aftermarket parts, custom work and the real market for your model. Our in-house vehicle damage specialist builds an independent valuation that accounts for all of it. If the bike is repairable, Georgia law lets you recover its diminished value, and we pursue that alongside your injury claim. More on how we handle the vehicle side.
Common questions
Can I still recover if I wasn’t wearing a helmet?
Possibly. Georgia requires a helmet, and the insurer will raise it, but the question is whether the lack of a helmet caused or worsened the specific injuries you are claiming. A leg fracture, for example, has nothing to do with a helmet. This is a fact-specific issue we evaluate in every case.
The driver says they never saw me. Does that help them?
No. Drivers have a duty to look for and yield to motorcycles the same as any other vehicle. “I didn’t see him” is an admission that the driver failed to keep a proper lookout, not an excuse.
How long do I have to file?
Generally two years from the crash for injuries and four years for damage to the bike. Evidence such as camera footage disappears far sooner, so contact us early.