5 Insurance Tricks That Can Hurt Injured Riders—and How to Outsmart Them in Wisconsin
Know the Game So You Can Beat It
If you've been in a motorcycle crash in Wisconsin, you might think the hardest part is over once the wreckage is cleared. But for a lot of riders, the real battle starts when the insurance companies get involved.
Here’s the truth: insurance companies aren’t in the business of doing what’s fair. They’re in the business of saving money—and riders are easy targets. Why? Because too many people buy into the myth that motorcyclists are reckless. And insurers use that bias to their advantage.
At McCarthy Motorcycle Law, we’ve seen the same dirty tactics used again and again against injured riders. So let’s pull back the curtain. Here are five of the most common insurance tricks—and how you can outsmart them before they wreck your case.
Trick #1: Acting Like They’re on Your Side
You might get a call just days after the crash. The adjuster sounds friendly, even concerned. They say things like “We just want to help get this wrapped up quickly” or “We’re here to support your recovery.” But what they’re really doing is fishing—for anything they can use to reduce or deny your claim.
They’ll ask questions that sound harmless:
“How are you feeling?”
“How fast were you going?”
“Were you wearing a helmet?”
“Have you ever been injured before?”
What they're hoping for is any answer that helps them say you were at fault or that your injuries aren’t serious—or preexisting.
How to Outsmart It:
Don’t let the casual tone fool you. You’re not obligated to answer their questions. You’re not required to give a recorded statement. And you definitely shouldn’t “just talk it through” without legal advice.
Tip:
Politely say you’re still recovering and you’d prefer to wait before discussing details. Then get in touch with a motorcycle attorney who knows the games they play—and how to push back.
Trick #2: Offering a Quick, Lowball Settlement
It sounds nice at first. A check on the table. Fast money. No lawyers involved. You might be thinking, “Hey, maybe this won’t be such a fight after all.”
But what they don’t tell you is that once you accept that settlement, you’ve waived your right to any future compensation. If you discover a spinal injury next month? Too bad. If you need surgery in six months? You’re on your own.
Insurance companies know you’re vulnerable after a crash—you’re hurt, out of work, maybe struggling to pay bills. So they dangle a check and hope you’ll take it before you know the full cost of your injuries.
How to Outsmart It:
Never take the first offer—especially not before you’ve had time to heal and speak to a lawyer. A quick check might seem helpful in the short term, but it can cost you tens or even hundreds of thousands of dollars down the line.
Tip:
Get a free consultation with a personal injury lawyer who handles motorcycle crashes. We can tell you if the offer is fair—or if they’re just trying to get away cheap.
Trick #3: Blaming You—Even When It Wasn’t Your Fault
This one’s a classic: “The motorcyclist must’ve been speeding.” “They came out of nowhere.” “They weren’t visible.” Sound familiar?
In many cases, the other driver caused the crash—ran a red light, turned left in front of you, drifted into your lane. But the insurance company will still try to pin part (or all) of the blame on you.
Why? Because Wisconsin uses a modified comparative fault rule. That means:
If you’re found 51% or more at fault, you get nothing.
If you’re less than 51% at fault, your compensation is reduced by your percentage of fault.
So if they can convince a claims adjuster, jury, or judge that you were even partly responsible? They save money.
How to Outsmart It:
Document everything. Take photos at the scene. Get names of witnesses. Use a helmet cam or GoPro if you ride with one. And don’t ever assume “the truth will come out on its own.” You have to prove it.
Tip:
Having a lawyer who rides—or at least truly understands riders—can be the difference between getting blamed and getting justice.
Trick #4: Using Your Medical Records Against You
After a crash, you're going to need treatment—sometimes a lot of it. But if the insurance company gets access to your medical records, they’ll comb through every detail looking for ways to say your injuries are:
Not related to the crash
Exaggerated
Pre-existing
They might dig up that back strain from your warehouse job ten years ago and say that’s why you’re in pain—not the fact that someone T-boned you last month.
How to Outsmart It:
Be extremely careful about what medical releases you sign. Do not give them blanket access to your full medical history. You're only required to release records that are relevant to the injuries caused by the crash.
Tip:
Have an attorney review any documents the insurance company asks you to sign. We’ve seen people unknowingly give up way too much info—and pay the price for it later.
Trick #5: Delaying Until You’re Desperate
Sometimes the insurance company doesn’t deny your claim outright. They just… drag it out. They stop returning your calls. They request more paperwork. They say they’re still “reviewing.” All while you’re trying to pay for meds, PT, or rent.
It’s a pressure tactic. They hope the delay wears you down enough that you’ll give up—or accept a lowball offer just to get it over with.
How to Outsmart It:
The moment things start stalling, loop in an attorney. The right lawyer knows how to get things moving—and when to play hardball. Once you’re represented, insurers tend to stop the games and start taking your case seriously.
Tip:
If an insurance company is jerking you around and you’re not sure what your rights are, get in touch. Even if we don’t take the case, we’ll tell you straight what they’re doing—and what to do next.
You’ve Got Enough to Deal With—Don’t Let Insurance Be One More Problem
Getting injured in a motorcycle crash is hard enough. The physical recovery. The stress. The uncertainty. You shouldn’t also have to fend off corporate tricks and fine print.
At McCarthy Motorcycle Law, we don’t just know the insurance playbook—we’ve seen it used against riders time and again. That’s why we fight back. We know how to gather the evidence, build a strong case, and shut these tactics down before they do lasting damage.
You Don’t Have to Handle This Alone
We offer fast, free, and confidential case evaluations to riders across Wisconsin. If you’ve been hurt in a crash, even if you’re not sure what to do next, we’ll walk you through your options.
No pressure
No upfront cost
Just real advice from lawyers who actually care about riders
Because knowing how the system works is the first step to beating it.