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CategoriesWhat Do I Do if the Driver Who Hit Me on My Motorcycle Denies Responsibility?
As a motorcyclist, being involved in a traffic accident is stressful enough, but the lack of protection makes you more vulnerable to serious or fatal injuries than most other road users. When the at-fault driver denies responsibility, it can feel like adding insult to injury.
Unfortunately, persistent stereotypes about motorcyclists mean they are often unfairly blamed in crashes, even when riding responsibly. These biases can make it harder to prove your case and recover the compensation you deserve.
If you’re in a situation where the driver responsible for your injuries refuses to accept blame, don’t panic. Act quickly to protect your legal options by contacting a St. Louis motorcycle accident lawyer.
Common Challenges When the Other Driver Denies Responsibility
Despite making up only 3% of registered vehicles nationwide, motorcycles were involved in 14.6% of all traffic fatalities in 2022. Due to their smaller profile and lack of crash protection, riders know they have to be more responsible than other road users.
However, many drivers hold outdated views about motorcyclists being thrill-seekers, aggressive, or dangerous. As a result, when an accident happens, insurance companies and at-fault drivers often:
- Blame you as the motorcyclist, regardless of what happened
- Downplay the extent of your injuries
- Offer lowball settlements that don’t reflect the real cost of your damages
- Delay or deny claims without a proper investigation
Even if the driver admits fault at the scene, they may change their story later, especially after speaking with their insurer.
Missouri’s Fault Rules and How They Affect Your Rights
Missouri uses the pure comparative fault system, which works as follows:
- Fault Percentage: All parties in an accident can be assigned a percentage of fault.
- Fault Does Not Bar Compensation: Even if you’re partially at fault, you can seek compensation for your damages.
- Fault Reduces the Amount of Compensation: If you are partially at fault, the maximum amount you can receive is reduced proportionally to your percentage of fault. For example, if you are 25% at fault and your damages are $100,000, you may recover up to $75,000.
At-fault drivers and their insurance companies are strongly incentivized to downplay their responsibility. They may try to shift blame onto you or minimize the seriousness of your injuries to reduce what they owe.
What to Do Right After the Accident
Your actions immediately after the crash are critical. Even if you feel injured or confused, the other driver may become combative or blame you to minimize their own fault. Keep calm, think clearly, and follow these steps:
- Report the accident to the police. Missouri law requires all parties involved in an accident to report the crash to law enforcement if at least one party is injured, killed, uninsured, or has $500 or more in property damage.
- Get medical attention. Request EMTs, even if you don’t feel pain or don’t see visible injuries. Don’t refuse treatment; schedule doctor visits if they are recommended, and follow any medical instructions.
- Document the scene. If it is safe to do so, take photographs of the accident scene, road conditions, your motorcycle’s damage, other vehicles, and any visible injuries.
- Speak to witnesses. If anyone saw the crash, get their names and contact information. Independent witness statements can support your version of events.
- Do not argue with the driver. Verbal confrontations can escalate quickly—don’t get pulled into one. Anything you say, especially emotional or offhand remarks, can be recorded or used against you to increase your fault percentage.
If the Driver or Their Insurance Denies Responsibility
If the insurance company representing the at-fault driver denies responsibility and rejects your claim, follow these steps to push back and get compensation:
- Read the denial letter. Carefully review the insurer’s reasons for rejecting your claim; their explanation will help determine the next steps.
- Get the police report. A police report is an official record from an unbiased perspective. It can validate your account of the incident and demonstrate the other driver’s liability. Contact your local sheriff’s office, police department, or Missouri State Highway Patrol to obtain a copy of the traffic crash report.
- Gather supplemental evidence. Collect as much evidence to support your claim as possible, including vehicle repair estimates, medical records, hospital bills, witness statements, and photos or video recordings of the crash.
- Report the accident to your insurance. Call your insurer to report the accident. Depending on your coverage, they may be able to guide you through potential compensation options.
How a Motorcycle Accident Lawyer Can Protect Your Rights
After obtaining evidence and reporting the crash to your insurance provider, contact an attorney specializing in motorcycle accidents.
The knowledgeable St. Louis motorcycle accident lawyers at Cofman Townsley can help you challenge unfair denials and hold negligent drivers accountable. Our team can strengthen your claim by:
- Investigating the accident to understand what happened and demonstrate the other driver’s liability.
- Contacting accident reconstruction experts and medical specialists to prove liability and the extent of your injuries.
- Speaking and negotiating with uncooperative insurance companies on your behalf.
- Protecting you from tactics designed to minimize your claim.
- Accurately estimate the compensation you’re owed for your medical bills, lost wages, property damage, pain and suffering, and loss of enjoyment of life.
Don’t Let a Denial Stop You—Call Cofman Townsley Today
If the driver who hit you is denying responsibility, don’t give up. The St. Louis motorcycle accident lawyers at Cofman Townsley have the experience to handle your accident claim and hold the at-fault driver accountable.
We’ve secured over $1 billion in settlements for our clients in St. Louis and Missouri. Our team is ready to explore all legal options, including taking your case to court if necessary.
Call us anytime. We offer free consultations and work on a contingency fee basis, meaning you owe us nothing unless we win your case.