After a motorcycle collision, an insurance adjuster may claim you caused the crash. That can be stressful when you are also dealing with injuries and vehicle damage. Maryland follows a contributory negligence rule. If your own negligence is found to have proximately contributed to the crash, you may be barred from recovering damages.
Why might an insurer argue you caused the crash?
Insurers look at whether the rider or another driver caused or contributed to a crash. An adjuster may point to alleged speeding, lane positioning or other conduct to support a fault claim. However, an adjuster’s position is not a legal finding of fault. Whether contributory negligence applies depends on what the evidence shows. The key question is whether the rider was negligent and whether that conduct contributed to your injury.
What evidence can help challenge a fault claim?
Strong records can help support your account when an insurer disputes liability. Gather evidence such as:
- Crash-scene photos showing vehicle positions, road conditions and traffic signals
- Police reports and witness contact information
- Helmet-camera and available traffic-camera footage
- Medical records documenting your injuries
- Motorcycle damage and repair records
- Damaged protective gear
Preserving this evidence can help counter claims about how the crash happened and whether your conduct caused it. Witness accounts can also provide details that may not appear in the police report.
How should you respond to an adjuster who blames you?
Avoid guessing about fault or making statements that could appear to admit fault. An insurer may later use your statements to assess the claim. Consider seeking legal guidance before giving a recorded statement.
Preserve evidence right away and avoid posting about the crash on social media. If an adjuster disputes fault or pressures you to accept a settlement, get legal advice before signing a release. Do not settle until you know the full extent of your injuries and losses.
How can you protect your rights after a disputed motorcycle crash?
When an insurer blames you for a crash, the evidence can play a key role in the outcome. If you were injured in a motorcycle crash in Rockville or elsewhere in Montgomery County, consider speaking with a Maryland personal injury attorney. Legal counsel can help review the evidence and the insurer’s position on fault.