Bad Faith Insurance Practices Against Motorcycle riders
Bad Faith Insurance Practices Against Bikers in Wisconsin
(And What You Can Do About It)
If you’re a motorcyclist in Wisconsin who’s been injured in a crash and is now getting the runaround from the insurance company, let us just say this:
You’re not crazy.
You’re not imagining it.
And you’re not alone.
Far too often, insurance companies treat bikers differently—and not in a good way. They stereotype us. They downplay our injuries. They deny valid claims. They delay payments. And sometimes, they act in downright bad faith.
At McCarthy Motorcycle Law, we’ve seen it all. And we’re not okay with it.
This page is here to help you understand:
What bad faith insurance practices look like (especially against motorcyclists)
Why insurance companies do it
What your rights are under Wisconsin law
And how we can help you fight back
You’ve already been through enough. You shouldn’t have to battle your own insurance company on top of it all.
Let’s break it down.
What Is Bad Faith?
Insurance companies have a legal obligation to treat their policyholders—and even people making claims against them—fairly and honestly. That’s not just a nice idea. In Wisconsin, it’s the law.
When an insurance company unreasonably denies your claim, delays payment, fails to investigate properly, or tries to settle for far less than what you deserve without good reason, that could be insurance bad faith.
And if they’re doing it because you’re a biker? That’s not just bad faith. That’s discrimination. And we take it personally.
Why Motorcyclists Get Treated Differently
We hate that this needs to be said, but here it is: too many insurance companies—and the people who work for them—still buy into the old myths about motorcyclists. You’ve probably heard them all:
“Bikers are reckless.”
“They must’ve been speeding.”
“They’re thrill seekers who take risks.”
“They wouldn’t have been hurt if they were in a car.”
These stereotypes are outdated and unfair. And they lead to real harm when insurance adjusters use them to lowball your claim or deny it altogether.
We’ve seen cases where a motorcyclist was sitting at a red light and got rear-ended by a texting driver—and the insurance company still tried to blame the biker. We’ve seen adjusters act shocked that a rider suffered serious injuries from a crash, as if it were your fault for not being in a car.
It’s infuriating. But it’s also actionable. And that’s where we come in.
Common Bad Faith Tactics Bikers Face
Here are some of the most common ways insurance companies act in bad faith after a motorcycle crash:
1. Unreasonable Delays
They keep telling you they’re “still reviewing your file,” or they keep asking for more documents—but never make a decision. Meanwhile, your medical bills are piling up.
2. Lowball Settlement Offers
They offer a tiny fraction of what your claim is worth, hoping you’re desperate enough to take it. Sometimes they’ll say it’s “the best you’re going to get.”
3. Failure to Investigate
They don’t interview witnesses. They don’t request traffic camera footage. They make a decision without getting all the facts—often assuming you were at fault.
4. Blaming the Rider Without Evidence
They say you were speeding, lane-splitting, or weaving through traffic—even if the police report says otherwise.
5. Denying Claims Without Explanation
You submit a legitimate claim, and they send back a flat “denied” with little or no explanation. Sometimes they won’t even return your calls.
6. Misrepresenting the Policy
They tell you certain coverage “doesn’t apply” when it clearly does. Or they pretend your medical bills aren’t covered under your own policy.
Any of these alone can be bad faith. When they start to stack up? It’s time to take legal action.
Your Rights Under Wisconsin Law
In Wisconsin, if an insurance company acts in bad faith, you can sue them—not just for the value of your original claim, but for additional damages caused by their misconduct.
That might include:
Emotional distress
Financial hardship caused by delays
Attorney’s fees
Punitive damages (in egregious cases)
Wisconsin law is on your side. But here’s the catch: insurance companies know most people don’t know their rights. That’s why they get away with it—until someone like us steps in.
What We Do When We Suspect Bad Faith
When a client tells us the insurance company is dragging its feet, denying coverage without reason, or trying to blame them unfairly, we don’t just accept it. We go on the offensive.
Here’s what we like to do:
1. Demand the Claims File
We force the insurance company to show us how they handled your claim. If they skipped steps, ignored evidence, or made biased assumptions, we’ll find it.
2. Depose the Adjusters
We put the adjuster under oath and ask the hard questions: Why was this denied? What evidence did you review? Why didn’t you contact witnesses?
3. Hire Experts
Sometimes we bring in insurance industry experts to show how the company failed to meet basic standards of claim handling.
4. File a Bad Faith Lawsuit
If we have the evidence, we file a separate lawsuit for bad faith. That’s often enough to get them to take your claim seriously—but we’re ready to take it all the way to trial if we need to.
5. Keep You in the Loop
We don’t leave you wondering what’s going on. You’ll know exactly where your case stands, what we’re doing, and what the next steps are.
Why This Matters
We don’t just pursue bad faith claims to get our clients more money (though that’s part of it). We do it because it’s the only way to hold these companies accountable.
When an insurance company gets away with treating one biker like this, they’ll do it again to the next person. And the next.
But when someone stands up and says, “Not this time,” it sends a message.
You’re not just fighting for yourself. You’re helping change the way motorcyclists are treated.
And we’re proud to stand with you.
You’ve Already Been Through Enough
Look—we know you didn’t ask for this. You didn’t want to be in a crash. You didn’t want to be hurt. You didn’t want to have to fight your own insurance company, or the other driver’s insurer, just to be treated fairly.
You just want to heal. To get back on your feet. To move forward with your life.
That’s what we want for you too.
But the truth is, insurance companies don’t always make it easy—especially for riders. And that’s why having a lawyer who understands motorcycle cases, and knows how to take on bad faith insurance practices, is so important.
What You Can Do Right Now
If you think the insurance company is acting in bad faith, here’s what you can do today:
Start documenting everything. Keep copies of emails, letters, texts, voicemails, and notes from phone calls.
Write down what’s happened. Make a timeline of events—when you filed the claim, who you talked to, what they said, and what they’ve done (or haven’t done).
Don’t accept a lowball offer without legal advice. Once you sign, it’s usually game over.
Call us. Seriously. Just call. We’ll walk it through with you.
Free Consultations. No Pressure. Real Help.
At McCarthy Motorcycle Law, we offer free case evaluations, because we believe every biker deserves to know their rights. If we can help, we’ll give you a free consultation, and take your case on a contingency. If we can’t help, we’ll get you pointed in the right direction, free of charge.
If you’ve been injured in a motorcycle crash and feel like the insurance company is jerking you around, we’ll take a look at your case—for free, confidentially, and without any pressure.
If we think they’re acting in bad faith, we’ll tell you. And if we take your case, you don’t pay us unless we win.
You’ve already been hurt once. Don’t let the insurance company do it again.
Start your road to recovery with a free case evaluation.