Insurance Company Tricks to Avoid After a Motorcycle Accident or Wrongful Death in California
The Hard Truth About Motorcycle Claims
If you’ve ever had to file a motorcycle insurance claim, you’ve probably learned one thing fast: the insurance company isn’t your friend.
Adjusters might sound helpful, but their job is to protect the company’s bottom line — not your recovery. They’re trained to limit payouts, shift blame, and close files quickly.
For riders, that’s a huge problem. Motorcycle crashes usually cause catastrophic injuries, long recovery times, and high medical bills. Every dollar matters — and every word you say to an insurer can be twisted against you later.
At McCarthy Motorcycle Law, we see these tactics every day. We fight them every day. And we want every rider and family in California to know what to watch for.
1. The “Friendly” Adjuster
Right after a crash, you’ll probably get a call from the other driver’s insurance company. The adjuster will sound sympathetic: “We just want to check in and get your side of the story.”
Don’t fall for it.
That “friendly” call is designed to gather statements that can hurt your case. They’ll record the conversation, ask leading questions, and hope you’ll say something they can twist later.
Common traps include:
“How fast were you going?”
“Were you wearing a helmet?”
“Did you see the other car before impact?”
“Are you feeling better now?”
Even innocent answers like “I’m okay” or “I think I was going the speed limit” can be spun into admissions.
What to do instead:
Politely decline to give a statement. Tell them you’re represented (or are consulting a lawyer). Once you hire an attorney, all communication must go through them.
2. Quick Settlement Offers
Sometimes insurers move fast — offering money within days or weeks of the crash. It might feel like relief: medical bills are piling up, and they’re promising a check.
But early offers are almost always lowball settlements.
They’re made before you know:
The full extent of your injuries
Whether you’ll need surgery or long-term rehab
How much income you’ll lose
How your pain and limitations will affect your life
Once you sign that release, you can’t reopen the claim — even if you later discover permanent damage.
What to do instead:
Have an experienced motorcycle lawyer review any offer before you sign. We calculate the true cost of the crash, including future care and lost earning potential, so you don’t get shortchanged.
3. Delaying Until You Despair
If they can’t underpay you, insurers may try to outlast you.
They’ll “lose” paperwork, drag out investigations, and ask for the same forms over and over. They’re hoping you’ll get desperate and accept less.
We call this the delay-deny-defend strategy:
Delay until bills pile up.
Deny liability to frustrate you.
Defend in court if you won’t cave.
They know most people can’t afford months of financial stress. That’s where having a lawyer changes everything — once you’re represented, those tactics stop working.
What we do:
We handle every deadline and push back against stalling. We also use California’s bad-faith insurance laws to hold companies accountable when they drag their feet without reason.
4. Blaming the Rider
One of the oldest tricks in the book: “It’s the motorcyclist’s fault.”
They’ll claim you were speeding, lane-splitting recklessly, or “came out of nowhere.”
They rely on stereotypes that paint riders as thrill-seekers instead of responsible road users.
In California — the only state that legally allows lane splitting — that excuse falls flat. Still, insurers know juries can be biased against riders, so they try to plant that seed early.
How we counter it:
At McCarthy Motorcycle Law, we use expert analysis, physics, and crash reconstruction to show exactly what happened. We explain lane splitting laws, visibility issues, and the rider’s perspective so blame lands where it belongs.
5. Asking for a Recorded Statement “to Process the Claim”
This one’s sneaky. The adjuster says they can’t move forward without your recorded statement. That’s false.
In California, you’re not required to give a recorded statement to the other driver’s insurance company. In fact, you shouldn’t.
They’ll edit or quote you out of context to argue you admitted fault or minimized your injuries. Even something like “I looked down for a second” can be twisted into negligence.
What to do instead:
Direct them to your lawyer. We’ll provide a written statement when appropriate — one that’s accurate, complete, and can’t be manipulated.
6. Using “Independent” Medical Exams to Undercut You
If you’re injured, the insurance company may schedule what they call an Independent Medical Examination (IME).
Spoiler: there’s nothing independent about it.
The doctor is hired and paid by the insurer to find reasons to minimize your injuries. They’ll cherry-pick details, ignore your pain, or claim your injuries were “pre-existing.”
Our approach:
We prepare clients for these exams, document everything, and sometimes have them recorded. We also use your treating doctors’ opinions — the ones who actually know you — to show the full medical truth.
7. Pretending They Care About “Policy Limits”
Insurers love to say their hands are tied: “We’d love to pay you more, but our policy limits are only $50,000.”
That might be true — or it might not.
Many cases involve multiple layers of coverage (personal, employer, umbrella, or commercial policies). A skilled lawyer knows how to dig for every available source of recovery.
We also use California’s bad-faith laws to pressure insurers who fail to settle within their limits when they should. If they gamble and lose at trial, they may owe far more than the policy’s face value.
8. Watching Your Social Media
This one surprises a lot of riders. Insurers — and sometimes defense lawyers — routinely monitor your social media accounts after a crash.
They’ll look for anything they can use against you:
Photos of you smiling (they’ll claim you’re not in pain)
Trips or events (they’ll say you’re not disabled)
Comments about riding again (they’ll say you’ve recovered)
Even innocent posts can be twisted.
What to do:
Go private, post nothing about the crash, and avoid tagging locations. Let your lawyer handle updates.
9. Misclassifying the Claim
In multi-vehicle crashes, insurers sometimes mislabel your claim as “no-fault” or a property damage-only claim to limit what they owe.
Other times, they’ll open a claim under the wrong driver or coverage type. This “accidental” misclassification delays everything and can quietly kill your rights.
A lawyer knows how to spot it fast and fix it before deadlines expire.
10. Denying Medical Treatment as “Unnecessary”
Insurers often claim certain treatments — like physical therapy, injections, or surgery — aren’t “medically necessary.” They rely on their own paid “nurse reviewers” who never met you.
We push back with your treating physicians’ reports and expert testimony showing exactly why those treatments were reasonable and required.
The law sides with you when supported by credible medical evidence — not insurance bureaucracy.
11. Spying on You
It sounds extreme, but it happens. For high-value claims, insurers sometimes hire private investigators to film you outside your home or workplace. They’re hoping to catch you lifting a bag of groceries or walking your dog, then claim you’re exaggerating your injuries.
We advise clients to assume they’re being watched in public. It’s not paranoia — it’s preparation. Keep following your doctor’s restrictions, and it’ll only help your case.
12. Dragging Families Through the Mud in Wrongful Death Cases
When a rider is killed, insurers sometimes stoop low — questioning the rider’s character, claiming “assumption of risk,” or implying the family just wants money.
We’ve seen it all, and we don’t let it slide.
We bring the focus back where it belongs: on the careless driver, the preventable loss, and the family’s right to accountability.
In wrongful death cases, we often work with grief counselors and economists to humanize the rider’s story — showing juries the full weight of what was lost.
13. Misusing California’s Comparative Negligence Law
California’s comparative negligence rule lets insurers argue that you share part of the blame to cut your payout.
They’ll say things like:
“You weren’t wearing bright gear.”
“You were lane-splitting.”
“You could have swerved.”
We use real data and expert analysis to dismantle those claims. Lane splitting is legal. Wearing black isn’t negligence. And riders can’t always escape when a car pulls out without warning.
14. Claiming You Don’t Need a Lawyer
The most dangerous trick of all is simple:
“You don’t need a lawyer. We’ll take care of you.”
If they truly meant that, you wouldn’t be reading this.
Insurance companies know that represented clients recover significantly more than unrepresented ones. That’s why they’ll try to convince you to “save the fee” — knowing they’ll save much more by paying you less.
Truth: Riders who hire a lawyer almost always walk away with more — even after legal fees — because their rights are protected, their evidence is preserved, and their story gets told the right way.
How McCarthy Motorcycle Law Protects Riders and Families
We’ve seen every trick in the book, and we’ve beaten them all.
Here’s how we level the playing field:
We handle all communication. You’ll never have to talk to the insurance company again.
We preserve and demand evidence immediately. No disappearing footage or “lost” reports.
We build trial-ready cases. When insurers know we’re willing to go to court, they pay attention.
We calculate real damages, not quick payouts.
We treat you like family. We keep you informed, involved, and supported from start to finish.
We don’t just protect riders — we fight for them.
Tips for Dealing with Insurers Before You Hire a Lawyer
If you’re still deciding whether to hire a lawyer, follow these quick rules:
Don’t give a recorded statement.
Don’t sign anything.
Don’t post about the crash online.
Don’t accept early offers.
Do save all bills, receipts, and correspondence.
Do contact a motorcycle lawyer as soon as possible.
Even one short call with a lawyer can prevent irreversible mistakes.
Why Riders Across California Choose McCarthy Motorcycle Law
Because we understand what it’s like to ride — and what it feels like when someone takes that away.
We’re built by riders, for riders.
We’ve recovered millions for injured riders and grieving families.
You work directly with John McCarthy. No hand-offs, no call centers.
We use technology to outmatch big insurers.
We fight bias with facts and compassion.
When the insurance company plays games, we make them regret it.
Don’t Let the Insurance Company Write Your Story
After a crash, insurers move fast because they know riders are vulnerable — hurt, grieving, overwhelmed. Their goal is simple: get you to settle cheap and disappear.
Our goal is the opposite: get you full justice and peace of mind.
If you’ve been injured or lost a loved one in a motorcycle accident anywhere in California, reach out today. Our free case evaluations are confidential, fast, and go straight to our inbox — not a call center.
We’ll tell you the truth about your case, protect you from the tricks, and fight like riders who understand what’s at stake — because that’s exactly who we are.