Handling a motorcycle accident injury claim on your own in Arkansas might seem like a way to save money, but it often leads to costly mistakes that can hurt your case.
Insurance companies have teams of adjusters and attorneys working to pay out as little as possible, and without proper legal knowledge, you could leave thousands of dollars on the table.
Understanding what you are up against can help you make an informed decision about how to move forward with your claim.
The Reality of Motorcycle Accident Claims in Arkansas
Motorcycle accidents often result in severe injuries that require extensive medical treatment, time off work, and long-term care.
According to the National Highway Traffic Safety Administration, motorcyclists are 28 times more likely to die in a crash than passenger car occupants per vehicle mile traveled.
In 2023, there were 6,335 motorcyclists killed nationwide, which is 15% of all traffic fatalities and the highest number since at least 1975.
Arkansas ranked fourth in the nation for motor vehicle fatality rates in 2022, according to a study by the Arkansas Center for Health Improvement in partnership with the Arkansas State Police and NHTSA.
These statistics show that motorcycle accidents are serious matters with life-changing consequences.
When you try to handle your claim alone, you are going up against insurance companies that have seen thousands of similar cases and know exactly how to minimize what they pay.
Arkansas Laws That Affect Your Claim
Arkansas follows a modified comparative fault rule under Arkansas Code Section 16-64-122.
This means you can only recover compensation if you are found to be less than 50% at fault for the accident.
If you are 50% or more at fault, you cannot collect any damages from the other party.
To add to that, any compensation you receive will be reduced by your percentage of fault.
For example, if you are awarded $100,000 but found 30% at fault, you would only receive $70,000.
Insurance adjusters know this rule well and will often try to shift blame onto you to reduce what they have to pay.
Without legal knowledge of how to counter these arguments, you could end up with much less than you deserve or nothing at all.
The Statute of Limitations
Under Arkansas Code Section 16-56-105, you have three years to file your injury claim from the date of your motorcycle accident.
While three years might sound like plenty of time, it goes faster than you think when you are recovering from serious injuries.
Missing this deadline means you lose your right to pursue compensation through the court system entirely.
There are some exceptions to this rule, such as claims involving minors or situations where the at-fault party leaves the state.
However, these exceptions are complicated and easy to misunderstand without proper legal guidance.
Common Mistakes When Handling Your Own Claim
People who try to handle their motorcycle accident claims without legal help often make errors that damage their cases beyond repair.
Insurance companies count on claimants not knowing the full value of their case or the tactics used against them.
Accepting the First Settlement Offer
One of the biggest mistakes is accepting the insurance company’s first settlement offer.
These initial offers almost always fall far below what your claim is actually worth.
Insurance adjusters often make quick offers before you fully understand the extent of your injuries or future medical needs.
Once you accept a settlement and sign a release, you cannot go back and ask for more money, even if your injuries turn out to be worse than expected.
Research shows that settlements can range from $66,000 to over $600,000 in Arkansas, with the median around $247,500.
Accepting a quick lowball offer of a few thousand dollars could mean missing out on substantial compensation you are entitled to receive.
Giving Recorded Statements
Insurance adjusters may ask you to give a recorded statement about the accident.
They present this request as routine, but it is actually a tactic to find statements they can use against you.
Even innocent comments like “I feel okay” or “I did not see them coming” can be twisted to argue that your injuries are not serious or that you were at fault.
You are not legally required to give a recorded statement to the other driver’s insurance company.
Speaking to them without preparation often does more harm than good.
Signing Medical Authorization Forms
Adjusters may also ask you to sign broad medical authorization forms.
They claim they need these to verify your injuries, but what they really want is access to your entire medical history.
With full access, they can look for pre-existing conditions and argue that your current injuries are not related to the accident.
This tactic allows them to reduce the value of your claim or deny it altogether.
Posting on Social Media
What you post online can and will be used against you.
Insurance companies regularly check social media profiles of people making injury claims.
A photo of you at a family gathering or comment about feeling better can be taken out of context to argue that your injuries are not as serious as you claim.
Even posts from friends or family that tag you can be used as evidence.
Insurance Company Tactics You Should Know About
Insurance companies are businesses focused on their bottom line.
Their adjusters are trained to minimize payouts using a variety of tactics that most people do not recognize.
The Delay, Deny, Defend Strategy
Many insurance companies follow what is known as the “3 D’s” approach.
They delay processing your claim in hopes that financial pressure will force you to accept less.
They deny claims by disputing liability or questioning the necessity of medical treatment.
If those tactics do not work, they defend aggressively in court, using their legal teams to wear you down.
When you are dealing with mounting medical bills and cannot work, these delays can be devastating.
Insurance companies know that most people cannot afford to wait months or years for a fair settlement.
Bias Against Motorcyclists
There is a well-documented bias against motorcyclists among some insurance adjusters and juries.
Riders are often viewed as reckless or irresponsible, even when they followed all traffic laws.
Adjusters may try to use this stereotype to argue that you were at fault simply because you were on a motorcycle.
This bias can result in lower settlement offers, unfair treatment, or denied claims.
Fighting back against these assumptions requires presenting concrete evidence that challenges the narrative.
Disputing Medical Treatment
Insurance companies frequently argue that certain treatments are unnecessary or unrelated to your accident.
They may claim that your injuries existed before the crash or that you are exaggerating your symptoms.
Some insurers will even send you to a doctor they choose, who may downplay your injuries in their report.
Without proper documentation and someone to advocate for you, these tactics can significantly reduce your compensation.
What a Full Compensation Claim Should Include
Many people do not realize the full scope of damages they can claim after a motorcycle accident.
Beyond immediate medical bills, there are several categories of compensation you may be entitled to receive.
Economic Damages
Economic damages are the financial losses that can be calculated with documentation.
These include emergency room visits, hospital stays, surgeries, physical therapy, and prescription medications.
They also cover lost wages from time you missed at work and any future income you will lose if you cannot return to your previous job.
Property damage to your motorcycle and any other personal items damaged in the crash falls into this category as well.
Many people only consider their current bills without accounting for future medical care they will need.
Non-Economic Damages
Non-economic damages cover the intangible losses that affect your quality of life.
Pain and suffering from your injuries, emotional distress, and mental anguish are all compensable.
Loss of enjoyment of life, disfigurement, and the impact on your relationships can also factor into your claim.
These damages are harder to calculate but can represent a significant portion of your overall compensation.
Insurance companies often try to minimize or ignore non-economic damages when making settlement offers.
Why Documentation Matters
Strong documentation is the foundation of any successful motorcycle accident claim.
This includes photographs of the accident scene, your injuries, and the damage to your motorcycle.
Police reports, witness statements, and medical records all serve as evidence supporting your claim.
If you do not have proper documentation, the insurance company has little reason to offer fair compensation.
Gathering and organizing this evidence while you are recovering from injuries can be overwhelming without help.
The Benefits of Having Legal Help
Studies and industry data consistently show that having legal representation leads to better outcomes in personal injury cases.
According to the Insurance Research Council, settlements can increase by three times or more when an attorney is involved.
Insurance companies know this, which is why adjusters often tell claimants that hiring a lawyer will only complicate things.
In reality, that advice benefits the insurance company, not you.
Handling the Investigation
A legal team can conduct a thorough investigation of your accident to establish liability.
This may include analyzing the accident scene, reviewing traffic camera footage, and consulting with accident reconstruction professionals.
They can gather evidence you might not know exists and present it in a way that builds a strong case.
Negotiating with Insurance Companies
Attorneys who handle motorcycle accident cases understand the tactics insurers use and how to counter them.
They can calculate the true value of your claim, including future damages you might overlook.
When the insurance company makes a lowball offer, your attorney can push back with evidence and negotiation strategies that get results.
Taking Your Case to Court
Most motorcycle accident claims settle out of court, but having an attorney who is prepared to go to trial gives you leverage.
Insurance companies are more likely to offer fair settlements when they know you have representation willing to fight for you.
If a fair settlement cannot be reached, your attorney can take your case before a judge or jury to seek the compensation you deserve.
Need Help With Your Arkansas Motorcycle Accident Claim?
Handling a motorcycle accident injury claim on your own puts you at a serious disadvantage against well-funded insurance companies.
The risks include accepting far less than your case is worth, missing critical deadlines, and making mistakes that cannot be undone.
As motorcycle accident lawyers serving Arkansas, Shamieh Law is here to help when you are ready to discuss your case.
With more than a decade of experience and over $250 million recovered for clients, the team at Shamieh Law treats every client like family and works to get you the results you deserve.
Contact us today by calling 501-361-1334 for a free consultation about your motorcycle accident claim.