Disclaimer: This blog post is provided for general educational purposes only and does not constitute legal advice. The law governing motorcycle accident claims is highly nuanced, and every case should be evaluated on its own facts.
At the Law Offices of Miller & Mallett, our attorneys bring more than 80 years of combined trial experience to riders across Little Rock and the rest of Arkansas. We have watched insurance companies use the same playbook against injured motorcyclists for decades. Motorcycle claims are undervalued because adjusters rely on a built-in bias against riders, misapply Arkansas's fault rules, and run injuries through valuation tools designed for car accidents rather than motorcycle crashes.
Common tactics insurers use to lower a motorcycle claim include:
- Assuming the rider was speeding or lane-splitting without evidence
- Inflating the rider's percentage of fault to reduce the payout
- Running injuries through software calibrated for car accident claims
- Dragging out the investigation past reasonable timelines
- Pushing an early settlement before treatment is complete
Understanding how each tactic works is the first step toward pushing back on a lowball offer.
How Insurers Use Comparative Fault to Shift Blame Onto Riders
Arkansas applies a modified comparative fault rule under Ark. Code Ann. § 16-64-122. A rider's fault is compared to the fault of the other driver, and the outcome depends entirely on where that percentage lands:
- Rider's fault below 50 percent: The rider recovers damages, reduced by their percentage of fault
- Rider's fault at 50 percent or above: The rider recovers nothing, regardless of how severe the injuries are
- Rider's fault at 0 percent: The rider recovers the full value of the claim
Insurance adjusters know this rule well, and it gives them a direct incentive to inflate a rider's percentage of fault. An adjuster who assigns a rider 40 percent fault instead of 10 percent has cut the payout by 30 percentage points without ever setting foot in a courtroom. This standard traces back to a 1975 amendment that limited recovery to plaintiffs whose own negligence was less than half the cause of their damages, so the stakes around that fault percentage have been part of Arkansas law for decades.
Why "I Didn't See the Motorcycle" Complicates Liability
Research consistently finds that right-of-way violations by other drivers, not the motorcyclist, are the leading cause of multi-vehicle motorcycle crashes, accounting for 30 to 40 percent of such collisions, according to a synthesis of crash-causation research published by the Washington State Traffic Safety Commission.
That excuse holds up better with insurers than it should. A study out of the Australian National University, covered by the Association for Psychological Science, found:
- Drivers missed a motorcycle in a driving scene 61 percent of the time
- The same drivers missed a similarly placed taxi only 31 percent of the time
- Researchers attribute the gap to inattentional blindness, where the brain filters out objects it isn't primed to expect
- More drivers noticed the motorcycle when it appeared to be moving directly into their own lane, suggesting the failure is about expectation, not visibility
Insurance companies often view the phrase "I didn't see them" as a neutral, unavoidable explanation. However, research indicates that it often reflects a driver who wasn't actively looking for a motorcycle. This perspective shifts blame onto the rider before the details of the crash are thoroughly investigated.
How Insurers Downplay the Severity of Motorcycle Injuries
Motorcycle crashes carry a disproportionate injury risk compared to car accidents, and the data backs that up, according to NHTSA's most recent Motorcycles fact sheet:
| Measure (2024) | Motorcyclists | Passenger Car Occupants |
|---|---|---|
| Fatality rate per 100 million vehicle miles traveled | 28.00 | 1.05 |
| Relative fatality risk | About 27 times higher | Baseline |
| Protective structure | None (no seatbelt, airbag, or crumple zone) | Seatbelts, airbags, crumple zones |
Riders lack the seatbelts, airbags, and structural crumple zones that protect car occupants, so injuries like road rash, complex fractures, and traumatic brain injury are common even in moderate-speed crashes.
Despite this, many insurers process motorcycle injury claims using the same valuation software built on car accident data. That software often undervalues catastrophic soft tissue and orthopedic injuries because it was never designed to account for the physics of an unprotected rider hitting pavement. A lawyer who understands this gap can push back with medical documentation and expert input that the software simply does not capture.
Missing or Incomplete Evidence That Lowers a Claim's Value
Insurers are required to investigate and respond to claims within specific timelines. Arkansas Insurance Department Rule 43 sets minimum standards for claims handling and defines what constitutes an unfair settlement practice when violated in the course of general business. Under Rule 43:
- Insurers must acknowledge a claim within 15 working days
- Insurers must complete their investigation within 45 calendar days
- Any prolonged negotiation over a settlement must come with notice that the statute of limitations may be running
When a rider is unaware of these requirements, gaps open up. Documentation adjusters commonly use against a claim includes:
- Missing or incomplete police reports
- Gaps in medical records between the crash and treatment
- No documentation of lost wages or reduced earning capacity
- Few or no photos of the scene, the bike, and the injuries
Why You Should Talk to a Motorcycle Accident Attorney Before Accepting an Offer
An early settlement offer typically favors the insurance company rather than the injured rider. At Miller & Mallett, our attorneys handle motorcycle accident cases on a contingency fee basis, which means you won’t incur any costs unless we secure compensation for you. Additionally, we provide free consultations, including home and hospital visits if needed. Before signing any documents sent by the insurance company, it is beneficial to have a motorcycle accident lawyer at Miller & Mallett review the offer to ensure it accurately reflects the true cost of your injuries.
Get Your Motorcycle Claim Valued Fairly
Motorcycle claims get undervalued because the system is built around assumptions that do not hold up to scrutiny: that riders are usually at fault, that drivers who say they didn't see a motorcycle deserve the benefit of the doubt, and that car accident injury models apply equally to riders. Since 1986, the Law Offices of Miller & Mallett has fought those assumptions on behalf of injured Arkansans, and our team continues that work under the leadership of Managing Partner Jessica Virden Mallett. If an insurer has offered you a settlement that feels too low, call us for a free consultation before you accept it.
Sources
- NHTSA, Motorcycles: 2024 Data
- Washington State Traffic Safety Commission, crash-causation research synthesis
- Association for Psychological Science, "Motorcycles Are Missed Because Drivers Aren't Looking for Them"
- FindLaw, Arkansas Code § 16-64-122 — Comparative Fault
- Arkansas Insurance Department Rule 43, Unfair Claims Settlement Practices (Cornell Legal Information Institute)
- Aetna Casualty & Surety Co. v. Broadway Arms Corp., 281 Ark. 128 (1984)
