How to Negotiate A Motorcycle Accident Settlement
How to Negotiate a Motorcycle Accident Settlement in Wisconsin
A Rider’s Guide to Standing Up for Yourself—And Knowing When to Call In Backup
Let’s be real: if you’ve been hurt in a motorcycle crash, the last thing you want to deal with is paperwork, insurance adjusters, and negotiation tactics. You’re trying to heal—physically, emotionally, financially—and now the insurance company is suddenly your biggest headache.
We get it. At McCarthy Motorcycle Law, we’ve stood beside plenty of bikers across Wisconsin who were just trying to get a fair deal after a wreck—and we’ve seen how insurance companies use delay, denial, and blame to avoid paying what they owe.
But here’s the good news: you have more power than you think.
And we’re here to help you use it.
Whether you’re trying to handle your claim on your own, or you’re thinking about hiring a lawyer but aren’t quite sure yet, this guide will walk you through:
What you need to know before negotiating a settlement
How to calculate what your case is really worth
Common tactics insurers use against bikers
How to respond to lowball offers
When and why it makes sense to bring in a lawyer
Let’s start with the basics.
What Is a Motorcycle Accident Settlement?
A settlement is an agreement where the insurance company pays you a certain amount of money in exchange for you giving up your right to sue. Once you settle, it’s final—you can’t go back and ask for more later, no matter what.
That’s why it’s so important to get it right the first time.
Insurance companies know this. That’s why they often try to rush you into signing something before you understand the full value of your claim. Don’t fall for it.
First Things First: Know What Your Case Is Worth
Before you even think about negotiating, you’ve got to know what your case is really worth. That means adding up not just your past expenses, but also your future needs.
Here’s a breakdown:
✅ Medical Bills (Past & Future)
This includes everything from ER visits and surgeries to physical therapy, prescriptions, and future treatment your doctor says you’ll need.
✅ Lost Wages & Lost Earning Capacity
Did you miss work? Lose your job? Can’t do the same kind of work you used to? You’re entitled to recover those losses.
✅ Pain and Suffering
This one’s harder to calculate, but incredibly important. It covers physical pain, emotional distress, loss of enjoyment of life, PTSD, and more. Don’t let them minimize what you’ve been through.
✅ Property Damage
This includes your bike, your gear, and any personal items damaged in the crash.
✅ Permanent Injuries or Disfigurement
If your injuries are long-term or permanent, you may be entitled to additional compensation for the impact they’ll have on your life.
Pro tip: Keep a journal. Write down your pain levels, the things you can’t do anymore, your medical appointments, your mood. Keep all the empty medication bottles you’re taking now. This kind of detail can strengthen your claim.
How to Start the Negotiation Process
Once you’ve recovered (or reached what doctors call “maximum medical improvement” or “permanent and stationary”), and you’ve gathered your bills and documentation, you’re ready to make a demand to the insurance company.
Here’s how:
1. Write a Demand Letter
This is a letter that tells your story. It explains:
How the crash happened (and why the other party was at fault)
The injuries you suffered
The treatment you received
How your life has been affected
The amount of money you’re demanding to settle
Be clear, detailed, and firm—but respectful. Think of it as your chance to take back control of the narrative.
2. Attach Documentation
Include copies of:
Medical records and bills
Pay stubs or proof of lost income
Photos of injuries and the bike
Police report
Witness statements (if you have them)
3. Send It to the Right Adjuster
Make sure you’re sending it to the adjuster assigned to your claim. Send it via email and certified mail so you have proof of delivery.
Then, the waiting begins.
What Happens Next: The Negotiation Dance
The insurance company will almost never accept your first demand. They’ll make a counteroffer—often a low one.
This is where it gets tricky.
They might say things like:
“Your injuries weren’t that serious.”
“We think you were partially at fault.”
“That’s more than we’ve ever paid on a case like this.”
“Take it or leave it.”
Don’t panic. Don’t take it personally. And don’t cave.
This is just how they play the game. Stay calm and counter with your own response, highlighting:
Why their offer is too low
The evidence that supports your claim
Your willingness to keep negotiating—or go to court if needed
You can go back and forth a few times. You don’t have to accept anything until you’re ready.
When to Settle (and When to Walk Away)
It’s okay to settle a case on your own, especially if:
Your injuries were relatively minor (maybe a little road rash)
You’ve recovered fully (won’t even have any scars)
The insurance company is treating you fairly (they’re covering your medical bills, lost wages, and bike repairs)
But here’s when you should seriously consider getting help:
🚩 The injuries are serious or permanent
If you’ve had surgery, brain injuries, paralysis or neurological injuries, broken bones, amputations, or lasting limitations like PTSD, your case is worth more—and the stakes are higher.
🚩 They’re trying to blame you
If the insurance company is saying you were partially or mostly at fault, your compensation could be reduced—or denied altogether. We can fight back and preserve your rights under Wisconsin’s comparative negligence law.
🚩 The offers are insulting
If they’re offering you pennies on the dollar and refusing to budge, it’s time to bring in the big guns.
🚩 You’re overwhelmed
Negotiating a settlement while trying to heal is no small task. If it’s stressing you out, you don’t have to go it alone.
How We Help You Take It to the Next Level
At McCarthy Motorcycle Law, we’re not just lawyers—we’re advocates for riders. We’ve been in this fight long enough to know all the tricks insurers use—and how to shut them down.
When we take your case, we:
Investigate the crash thoroughly
Gather strong evidence to support your claim
Hire experts if needed (accident reconstruction, medical experts, etc.)
Handle all negotiations so you don’t have to talk to the adjuster
Fight for maximum compensation, whether that’s through settlement or trial
And here’s the thing: you don’t pay us unless we win. Period.
We Respect the DIY Riders
We know some riders want to handle things themselves, at least at first. That’s okay. We respect the grit and independence that comes with riding. But if things start to feel unfair—or you just want a second opinion—we’re here.
We offer free consultations and can review your case at no cost. Just fill out a free case evaluation form. Sometimes we’ll tell you, “You’re doing great—keep going.” Other times, we’ll spot red flags and offer to step in.
Either way, we’ve got your back.
A Word About Time Limits
Under Wisconsin law, you generally have three years from the date of your motorcycle crash to file a personal injury claim (sometimes less, depending on the circumstances—like if a government vehicle was involved).
But don’t wait until the last minute. The sooner you start building your case, the better your chances of a fair result.
You Deserve Better Than a Lowball Offer
Motorcycle riders already face more risk on the road than anyone else. We shouldn’t have to fight harder just to be taken seriously by the insurance companies—but the truth is, we do.
That’s why we do what we do.
We believe bikers deserve respect, dignity, and justice. And we’ll never stop fighting for that.
If you’ve been injured and are thinking about settling your motorcycle accident case, let’s talk. We’ll walk you through your options, help you understand what’s fair, and stand with you if you decide to push back.
McCarthy Motorcycle Law
Respect for Riders. Relentless for Justice.
Contact us today for a free case review.