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Insurance companies will use whatever tactics they can to try to frustrate or defeat your claim, and blaming the operator of a jet ski for their own injury may be one of them. The California jet ski accident attorneys at The Law Offices of Preston Easley, APC can protect your rights from the insurance company.
There are certain types of claims where there is a perception that the insurance company is biased against the claimant. For example, there is no shortage of commentary about whether insurance companies seem to target motorcyclists for additional scrutiny. The same thing goes in cases involving jet ski accidents when the insurance company tries to take advantage of a common viewpoint that people who ride jet skis are riskier than the average person.
Begin the legal process by speaking to a California jet ski accident lawyer at The Law Offices of Preston Easley, APC. Call us today at (310) 773-5207 to schedule an appointment.
Lawsuits for California Jet Ski Accidents
If you have been injured when on a jet ski, you could have a claim against a variety of potentially responsible parties, including:
- The owner or operator of a boat involved in an accident
- The company that rented you the jet ski
- The manufacturer of the jet ski
- The owner of a marina where the accident may have occurred
In many of these cases, there will be an insurance company that is representing a policyholder in defending against the lawsuit. They will make a determination about whether to settle or fight your case and how much money to potentially offer you in a settlement. One reason why the insurance company may either refuse to settle your case, or they may offer you pennies on the dollar, is that they blame you for the accident. They know that California’s comparative fault laws could either greatly reduce the amount of an award, or eliminate it entirely (if you were completely to blame).
Insurance Blame the Victim to Protect Their Own Interests
Insurance companies deal with their own delicate calculus when they are responding to a claim. While they owe obligations to their own policyholder to settle a claim if and when there is a viable opportunity, they are also looking to protect their own bottom line. Blaming the claimant for the accident, either in whole or in part, is a common way that insurance companies deal with these cases. You may find yourself staring down one or more of the following allegations involving your own conduct:
- You were traveling too fast for the conditions
- You operated a jet ski in too close a proximity to a boat
- You were engaging in dangerous maneuvers on the water
- You were under the influence of drugs or alcohol when on your jet ski
- You did not maintain the proper lookout when on the watercraft
This is not necessarily bias per se, but it is the insurance company trying to take advantage of a situation in which they are dealing with a claimant whom they can more easily blame. Insurance companies know that if a case goes to a jury, individual jurors will form their own opinion of the plaintiff. They may believe that people who ride jet skis are riskier than the average person. Accordingly, a jury could think that a jet skier is more likely to engage in hazardous behaviors.
You Can Fight Back Against Wrongful Allegations
The truth is that every allegation made against you in a personal injury case must be backed up by facts and evidence. Just because the insurance company says that something happened does not mean that it really did. The only role that the insurance company plays in the case is as an intermediary and representative of their policyholder. They do not act in the role of jury, nor can they conclusively determine facts in your case. They may have their own viewpoints, but if the insurance company’s opinion is wrong, a jury will determine that after a trial.
You can present your own evidence to rebut the insurance company’s allegations, and that is exactly what you must do if you have a hope of obtaining full compensation. The jury engages in the role of fact finder, and there is nothing to say that they will not believe your story if it is supported by the evidence in the case.
Contact a California Jet Ski Accident Lawyer
The California jet ski accident attorneys at The Law Offices of Preston Easley, APC represent injured clients like you in personal injury actions. Schedule a free initial consultation with our office by visiting our website or by calling us today at (310) 773-5207.
Preston Easley is a graduate of the United States Naval Academy in Annapolis, MD. He served five years of active duty as a Naval officer — three years as a deck officer on a fast frigate and two years as a patrol boat skipper. Mr. Easley also served aboard a tank landing ship in the reserves. Learn more here.
