Fighting Lowball Motorcycle Injury Settlement Offers: What You Need to Know

Motorcycle accidents can lead to devastating injuries, lengthy recoveries, and overwhelming financial stress. When you’re injured in a crash, the last thing you need is an insurance company trying to pay you less than your claim is worth. Unfortunately, lowball settlement offers are a common tactic used to reduce payouts — especially in motorcycle injury cases.

In this blog post, we’ll explore why lowball offers happen, how to recognize them, and — most importantly — how to fight back with the help of our experienced Illinois motorcycle accident attorneys. We’ll also back our discussion with key statistics and insights into the insurance industry’s strategies.

Motorcycle Accident Injury Data in Illinois

In Illinois, the scope of the motorcycle accident problem is significant:

• In 2022, there were 2,544 motorcycle crashes, resulting in 1,749 injuries and 154 fatalities, according to the Illinois Department of Transportation.
• Of those injured, over 35% sustained A-type injuries, which are classified as the most severe and often include life-altering conditions.
• Motorcyclists accounted for 14.5% of all traffic fatalities in Illinois in 2022 — despite representing a much smaller percentage of registered vehicles.

These figures demonstrate the high risks riders face — and the need for adequate compensation when crashes occur.

Why Lowball Settlement Offers Happen in Motorcycle Injury Cases

Insurance companies are profit-driven businesses. Their goal is to collect premiums and minimize claim payouts. Motorcycle accident claims, which often involve serious injuries and large medical bills, are seen as high-value — and therefore high-risk — for insurers.

Rather than fairly compensating riders, insurance companies often offer quick, low settlements hoping victims will accept them out of desperation, confusion, or financial need.

Here are a few reasons why motorcycle accident claims are frequently undervalued:

1. Bias Against Motorcyclists

Motorcyclists are frequently portrayed as reckless, thrill-seeking individuals. This bias can unfairly influence how insurance adjusters view fault and liability.

According to the National Highway Traffic Safety Administration (NHTSA), motorcycle riders are about 24 times more likely to die in a crash than passenger vehicle occupants per vehicle mile traveled. This stark risk doesn’t come from recklessness alone — often, it’s due to other drivers failing to notice or yield to motorcyclists.

Yet insurers may exploit public misconceptions to argue that the rider was partly or fully to blame, even when evidence suggests otherwise.

2. Serious Injuries Mean High Costs

Motorcycle accidents commonly result in traumatic brain injuries (TBIs), spinal cord damage, fractures, and road rash, leading to long-term or even permanent disability.

The average hospital bill for a non-fatal motorcycle injury can exceed $35,000, not including long-term rehabilitation or lost wages. Insurance companies are motivated to settle early and cheaply to avoid these escalating costs.

3. Victims May Not Know the Value of Their Claim

After a crash, a victim may be in pain, out of work, and worried about medical expenses. If an insurer offers a lump sum quickly, it might seem like a lifeline — even if it’s far below what the claim is worth.

Without legal counsel, many victims lack the resources or experience to calculate future medical needs, pain and suffering damages, or lost earning capacity, leading to acceptance of insufficient settlements.

How to Recognize a Lowball Settlement Offer

Here are red flags that indicate an insurance settlement offer may be unreasonably low:

– Quick Initial Offer

If the insurer contacts you within days or weeks of your crash with a settlement proposal, they may be trying to lock you in before the full scope of your injuries is known.

– Pressure to Sign a Release

Lowball offers often come with pressure to sign a release of liability, which waives your right to pursue additional compensation. This is a red flag — especially if your treatment is still ongoing.

– Ignoring Non-Economic Damages

If your offer only covers out-of-pocket medical bills and ignores pain and suffering, emotional distress, disfigurement, or loss of enjoyment of life, it is likely undervalued.

– Denial or Reduction of Liability

Insurers may falsely claim you were partially at fault for the accident (comparative negligence) to reduce the amount they owe.

How to Fight Back Against Lowball Offers

You have the right to fair compensation after a motorcycle crash — but to get it, you may need to push back against the insurer’s tactics. Here’s how to fight for what you deserve:

1. Hire an Experienced Motorcycle Injury Attorney

This is the single most important step. Insurance companies know that unrepresented claimants are more likely to accept low offers.

A 2014 report from the Insurance Research Council found that claimants with legal representation received settlements 3.5 times higher, on average, than those without.

Your attorney can:

• Evaluate the true value of your claim
• Handle communications with the insurer
• Gather evidence to prove liability and damages
• Negotiate aggressively or file a lawsuit if necessary

2. Document Everything

Strong documentation builds a stronger case. Your lawyer will work with you to compile:

• Medical records and bills
• Photos of your injuries and the accident scene
• Police reports
• Witness statements
• Repair estimates or vehicle replacement value
• Evidence of lost wages and reduced earning potential

3. Demand a Justified Explanation

Your attorney can demand a written explanation of how the insurer calculated the settlement offer. If the explanation lacks detail or undervalues major components (like future care or pain and suffering), it can serve as a starting point for counteroffers or litigation.

4. Negotiate Strategically

Negotiation is a process. You are not obligated to accept the first offer — or even the third. Your attorney will review each offer and present counter-demands supported by evidence, including medical testimony and economic evaluations.

If the insurance company refuses to negotiate in good faith, your attorney may file a bad faith insurance claim in addition to your injury claim.

5. Be Willing to Litigate

Sometimes, filing a lawsuit is the only way to show an insurer you’re serious. In Illinois, the statute of limitations for most personal injury cases, including motorcycle accidents, is generally two years from the date of the accident.

Once litigation begins, the insurer knows they could be facing a jury — and potentially a much larger award. Many lowballing insurers become more reasonable when the prospect of trial becomes real.

What to Avoid When Negotiating with Insurance Companies

If you are handling communications on your own (which we do not recommend), here are a few critical pitfalls to avoid:

• Never give a recorded statement without legal advice — it may be used to undermine your claim.
• Don’t disclose pre-existing conditions unless asked in a formal medical records request.
• Avoid posting about the accident or your injuries on social media, as insurers may use your posts to argue you’re not as injured as you claim.
• Never accept a check marked “final payment” unless you’re fully satisfied with the settlement.

You Deserve Fair Compensation — Not a Lowball Offer

Motorcycle accidents are traumatic, life-changing events. Victims often face steep medical bills, lost income, and a long road to recovery. When insurance companies offer low settlements, they add insult to injury.

You don’t have to accept an offer that doesn’t reflect the seriousness of your damages. With the help of a knowledgeable motorcycle accident attorney, you can stand up to insurance companies and fight for the compensation you truly deserve.

Contact the Award-Winning Illinois Motorcycle Accident Lawyers at John J. Malm & Associates

If you’ve been injured in a motorcycle crash in Illinois and received a lowball settlement offer, contact John J. Malm & Associates today for a free consultation. We’ll evaluate your case, explain your options, and help you get the recovery you need to move forward.