Here are some of the common issues you may come across after you are involved in a motorcycle accident
As a former insurance coverage attorney for one of America’s largest insurance companies, former Judge pro tem and with over thirty years of legal experience, Tom Reinecke is uniquely qualified to solve insurance coverage issues. Tom has successfully fought and won battles with insurance companies who have denied or delayed insurance coverage or claims. Common issues may involve the simply payment of your tow bill, the value of your “totaled” bike, getting paid for your lost wages or medical bills and always, the fair value for your injuries and damages. Insurance companies are known for the “Three D’s” – First, they Deny coverage, then they Dispute liability and injuries, then finally they Delay hoping that you will give up and take a “low ball” settlement offer. Tom Reinecke has the legal experience, specialized expertise and resources to fight the big insurance companies, and win. From day one, we work hard to aggressively investigate liability and confirm insurance coverage to get you and the maximum monetary recovery for your case.
Like you, we know there is a bias against motorcyclists and, unfortunately that bias is even at the traffic collision scene. Even though the “true facts” may be clear – a left turning vehicle, an unsafe lane change or a failure to yield by a car exiting a parking lot, the reporting police or CHP Officer may likely conclude that you, the victim motorcyclist, is “At-Fault” or an “Associated Factor” meaning partially at fault for causing the collision. For example, in the past few years, in almost every single one of my Lane-Sharing/Unsafe Lane Change cases, the CHP has concluded that my client was travelling at an “Unsafe Speed for Conditions (C.V.C. §22350) or, worse yet, even if the Traffic Collision Report concludes the driver is in fact at-fault for causing the collision, the driver’s insurance company will manufacture some (B.S.) defense claiming you, the rider, was partially at- fault (always 20-30%) for “speeding”, “inattention”, “no contact” or believe it or not, “over-reaction” for laying the bike down instead of colliding into the side of the vehicle. But even if the Traffic Collision Report has you “at fault” or the “Primary Collision Factor”, don’t give up hope. We fight and win these liability battles every day. With our legal expertise, investigation and experts, and with some good old fashioned hard work, we will work to get you what you deserve- Justice. That’s why at the Reinecke Law Firm we have a top 98.7% Settlement Success Rate and our exclusive “No Win-No Fee Guarantee” simply meaning there is no fee, not a dime, unless we win your case.
Property Damage Issues
After a motorcycle accident, you are injured, out of work, frustrated and maybe even mad. You are in the hospital or injured at home and your bike is in a tow yard. Worse yet, your insurance company has failed to get your bike out of the tow yard or inspect the bike to see if it is repairable or a “total loss”. Once they inspect, it common property damage issue arise. The Low Ball Total Loss Offer – Your insurance company offers a low ball settlement amount, not taking account your after-market parts and mods forcing you settle for a low ball offer. Next, they Delay in Payment– California law states that it is an Unfair Claims Practice for an insurance company “Not attempting in good faith to effectuate prompt, fair and equitable settlement of claims where liability has become reasonable clear company..” In other words, it’s illegal for your insurance company to delay settling your total loss claim. Finally, if you don’t’ settle, there is Forced Appraisal/Litigation– it is also illegal for your own insurance company to essentially force you to litigate your claim by forcing you into appraisal by making a “low ball” offer. This could also be a claim for bad faith against your insurance company for breach of the implied covenant of good faith and fair dealing. The bottom line is that the insurance company assigned “property damage adjustor” may seem nice on the phone but his or her sole job is to pay as little as possible for your bike to save money for the insurance company. The problem is that most lawyer won’t help you. Sadly to say, but unfortunately, many personal injury lawyers don’t know motorcycles and do not help their client’s with their property damage claim leaving them “high and dry” and vulnerable to the abuses of the insurance companies. However, at the Reinecke Law Firm, I personally meet my clients at their home or in the hospital immediately after a motorcycle wreck. Within 24-hours, we start working on their case which includes working to get their bike out of the tow yard, opening claims with the insurance companies involved, ordering the Traffic Collision Report and inspecting the damaged bike to work to get the “top dollar” value. And also unlike others, at the Reinecke Law Firm, we have “No Fee Property Damage Assistance” meaning we never charge a fee, not a dime, to help resolve your property damage claim.