How Insurance Companies Work Against Motorcyclists After a Crash in Missouri
If you have been injured in a motorcycle accident in St. Louis, you may already sense that the insurance company is not on your side. Insurers use a range of tactics to reduce motorcycle settlement amounts in Missouri, from shifting blame onto riders to pressuring quick, low-value payouts. Understanding these strategies can help you protect your claim and pursue the compensation you deserve.
If you are dealing with insurer bias against motorcyclists or facing pushback on your claim, Halvorsen Klote Davis can help. Call (314) 451-1314 or reach out to our team today to discuss your case.
Why Insurers Scrutinize Motorcycle Accident Claims More Aggressively
Motorcyclists face a level of risk on the road that insurers use to frame every claim. The federal government estimates that per mile traveled in 2022, the number of deaths on motorcycles was nearly 22 times the number in cars, according to the Insurance Institute for Highway Safety. Insurance companies cite these statistics to justify scrutinizing claims far more than they would for passenger vehicles.
This heightened scrutiny often translates into lower initial settlement offers. An adjuster may assume the rider contributed to their own injuries, even when evidence points squarely at another driver’s negligence.
7 Tactics Insurers Use to Reduce Your Motorcycle Claim
Insurance companies have developed reliable playbooks for minimizing payouts. Below are seven of the most common strategies you should watch for after a motorcycle accident in the St. Louis area.
1. Blaming the Rider Through Comparative Fault
Missouri follows a pure comparative fault system that insurers aggressively exploit. Missouri case law, as reflected in Gustafson v. Benda, 661 S.W.2d 11 (Mo. 1983), established that a plaintiff’s fault diminishes but does not bar recovery. RSMo §537.765 allows a defendant to plead and prove the fault of the plaintiff as an affirmative defense. Any fault attributed to you will proportionately diminish your compensatory damages.
Notably, RSMo §537.055 explicitly provides that the operation of a motorcycle is not evidence of comparative negligence. Despite this protection, insurers may still try to frame a rider’s choice to be on a motorcycle as inherently risky, pointing to factors like riding conduct or gear choices to build fault arguments.
💡 Pro Tip: Document everything at the scene, including photos, witness contact information, and your account of what happened. The stronger your evidence, the harder it is for an insurer to manufacture fault arguments against you.
2. Exploiting the 51% Fault Threshold
Missouri’s joint and several liability rules create a critical line at 51% fault that insurers target strategically. Under RSMo §537.067(1), a defendant found to bear 51% or more of fault is jointly and severally liable for the entire judgment amount. If a defendant bears less than 51%, that defendant is only severally liable for their proportionate share. Insurers will do everything they can to push fault allocation below that threshold.
Missouri law prohibits parties from explaining the financial impact of these rules to the jury. RSMo §537.067(3) states that no party may disclose the impact of this section to the trier of fact.
💡 Pro Tip: Thorough crash reconstruction evidence and medical documentation can be critical in establishing that the other driver bore the majority of fault. Preserve all physical evidence and seek medical attention immediately.
3. Pressuring You Into an Early, Low-Value Settlement
Insurers often push for quick settlements before you fully understand the extent of your injuries. Under RSMo §537.060, a settlement with one liable party discharges that tortfeasor from liability for contribution or noncontractual indemnity to any other tortfeasor, but does not discharge the other tort-feasors from liability to the injured party; the injured party may still pursue non-settling defendants, though the claim against them is reduced by the settlement amount or consideration paid, whichever is greater.
Additionally, that statute provides that a good-faith settlement reduces your claim against remaining parties by the settlement amount or consideration paid, whichever is greater.
4. Using Contribution Rules in Multi-Party Accidents
When multiple parties share fault, insurers leverage Missouri’s contribution rules to shift financial responsibility. RSMo §537.060 allows contribution between joint tort-feasors, meaning defendants in a tort judgment can share liability. In a multi-party motorcycle crash, each insurer may point fingers at other defendants or at you to minimize what their client pays.
This tactic is particularly effective when combined with comparative fault arguments. If an insurer can spread fault across several parties, each individual defendant’s share shrinks, significantly reducing your total recovery.
💡 Pro Tip: In accidents involving multiple vehicles or parties, identifying every potentially liable party early in your case strengthens your position and prevents insurers from hiding behind each other’s fault allocations.
5. Discouraging You From Filing a Claim at All
Some insurers subtly discourage injured riders from pursuing their legal rights. Missouri law under RSMo §303.040(1) explicitly states that it is the responsibility of the operator to bring an action at law on their claim arising out of the accident. Insurers may leverage this language to suggest that pursuing a claim is burdensome or unlikely to succeed.
They may also create procedural pressure by emphasizing filing deadlines. Missouri law requires accident reports to be filed within 30 days when a person is killed or injured, or when property damage exceeds $500 and an uninsured motorist is involved (RSMo §303.040(1)).
6. Weaponizing the Motorcyclist’s Post-Accident Conduct
What you do after a crash matters, and insurers watch closely. Under Missouri tort principles, injured parties have a duty to mitigate their damages. If you delay medical treatment, skip follow-up appointments, or fail to follow your doctor’s recommendations, an insurer may argue that you worsened your own injuries, directly reducing your compensation.
Experienced motorcycle accident lawyers in St. Louis understand how insurers build these arguments and can advise you on protecting your claim from the start.
💡 Pro Tip: Keep a detailed record of all medical visits, prescriptions, and out-of-pocket expenses from the day of the accident forward. Gaps in treatment give insurers ammunition to argue you were not seriously hurt.
7. Taking Advantage of Hit-and-Run Complications
Hit-and-run accidents create unique challenges that insurers may use against motorcyclists. Under RSMo §577.060, leaving the scene of an accident is a criminal offense. The severity escalates to a Class E felony if physical injury occurred or property damage exceeded $1,000, and to a Class D felony if a death resulted. Despite these penalties, hit-and-run crashes still happen, and when the at-fault driver cannot be identified, your claim may fall to your own uninsured motorist coverage.
Insurers handling UM claims on hit-and-run cases may apply the same aggressive tactics. They may question whether the accident happened as you described, challenge the severity of your injuries, or delay processing your claim.
| Insurer Tactic | Missouri Law at Play | How It Hurts Your Claim |
|---|---|---|
| Blaming the rider | Pure comparative fault (case law); RSMo §537.055 protects riders | Reduces damages proportionately |
| Targeting the 51% threshold | RSMo §537.067(1) | Limits defendant to several liability only |
| Pushing early settlement | RSMo §537.060 | Discharges settling tortfeasor from contribution claims; reduces claim against remaining defendants |
| Spreading fault in multi-party cases | RSMo §537.060 | Shrinks each defendant’s share |
| Discouraging claim filing | RSMo §303.040(1) | Rider misses deadlines or gives up |
| Attacking post-accident conduct | Common law duty to mitigate | Argues failure to mitigate damages |
| Exploiting hit-and-run gaps | RSMo §577.060 | Delays or denies UM coverage |
How Motorcycle Accident Lawyers in St. Louis Can Help You Fight Back
An experienced attorney can level the playing field against well-funded insurance companies. Fighting an insurance company in Missouri requires a thorough understanding of comparative fault, contribution rules, and settlement dynamics. From gathering crash evidence to retaining accident reconstruction professionals, building a strong case early makes insurer tactics far less effective.
You can find additional resources on our motorcycle injury claim blog to better understand your rights after a crash.
💡 Pro Tip: Never give a recorded statement to the other driver’s insurance company without first consulting an attorney. Anything you say can be used to build a comparative fault argument against you.
Frequently Asked Questions
1. Can an insurer deny my motorcycle claim just because riding is dangerous?
No, but insurers may use motorcycle fatality statistics to argue assumed risk.
Missouri’s pure comparative fault doctrine reduces but does not bar recovery based on plaintiff fault. Simply riding a motorcycle does not constitute legal fault. RSMo §537.055 explicitly states that the operation of a motorcycle is not evidence of comparative negligence. An attorney can counter these arguments with evidence of the other party’s negligence.
2. What happens if I am found partially at fault for my motorcycle accident?
Your compensation is reduced by your percentage of fault but not eliminated.
Missouri applies pure comparative fault principles in tort cases, meaning a plaintiff’s fault reduces but does not bar recovery. RSMo §537.765 codifies this rule in products liability claims, and Missouri courts have applied the same standard broadly. If you are found 20% at fault, your damages award would be reduced by 20%. The critical issue is ensuring fault is allocated accurately based on evidence.
3. Should I accept an early settlement offer from the insurance company?
In most cases, proceed with caution before accepting any early offer.
Early settlements under RSMo §537.060 discharge the settling tortfeasor from liability for contribution or noncontractual indemnity to other tortfeasors and reduce your claim against remaining defendants by the settlement amount or consideration paid. Accepting before you know the full extent of your injuries can leave you with far less than your claim is worth. Medical conditions often develop or worsen over weeks and months.
4. What should I do if the at-fault driver left the scene?
Report the accident to law enforcement immediately and document everything you can.
Leaving the scene is a criminal offense under RSMo §577.060, ranging from a misdemeanor to a Class D felony if a death occurred. Even if the other driver is not identified, you may have a claim under your own uninsured motorist policy. Preserve all available evidence, including witness statements and debris patterns.
5. How long do I have to report a motorcycle accident in Missouri?
Missouri law requires a written report within 30 days under certain circumstances.
Under RSMo §303.040(1), when someone is injured or killed, or property damage exceeds $500 involving an uninsured motorist, a report must be filed within 30 days. Failing to meet this deadline can complicate your claim.
Protect Your Rights After a Motorcycle Accident in St. Louis
Insurance companies have the resources and playbook to minimize your claim. From shifting blame through comparative fault arguments to pressuring early settlements, every tactic is designed to pay you less than you deserve. Missouri law provides real protections for injured motorcyclists, but those protections only work when you understand and assert them effectively.
If you or a loved one has been injured in a motorcycle crash, Halvorsen Klote Davis is ready to stand with you. Call (314) 451-1314 or contact us now to start building your case.
