How Motorcycle Modifications Could Impact Your Case
Motorcycle modifications are exploding in popularity. Updating your ride to include louder exhausts, taller bars, LED lighting kits, suspension changes, performance tuning… the list goes on and on. There is, however, a problem that has arisen with the popularity of these mods. Insurance companies are denying, or minimizing, motorcycle wreck claims based on “improper” or “unsafe” modifications.
Many riders don’t realize that some mods can make the bike so it’s technically no longer street legal. Some mods void warranties or violate insurance policy disclosures. Often insurers will argue that the modifications contributed to the crash (even if it didn’t).
The Car Crash Captain, representing motorcycle wreck victims from Richardson, Texas and the surrounding areas, takes a look at what these issues are, and how you can protect yourself.
Why Mods Can Become a Legal Problem
If you’re a motorcycle accident victim, the insurance company is going to look for anything they can to shift the blame from the other driver to you. The more liability they can put on you, the less they have to pay out. So, they’re going to come at you with something like, “Your aftermarket modification made the motorcycle unsafe and contributed to the severity of the crash.” They’ll use common tactics like:
- Your exhaust was too loud and distracted the other driver.
- Your ape hangers are over the legal limit and reduced your ability to see and steer.
- Your non-DOT approved lights made you less visible and non-compliant.
- You removed safety features and increased the danger on the roads.
Because Texas uses what is called modified comparative negligence these statements can make an insurance adjuster pause. If the adjuster says that you were even 20% at fault, your payout drops drastically.
Texas Laws Regarding Motorcycle Modifications
The big problem is that most riders don’t know when they’re crossing the line and going from a fun mod, to an illegal upgrade. And the changing laws don’t help the matter either.
Ape Hangers – There was a restriction on handlebar height, but that was repealed in 2015. You can legally install tall bars, but the insurance company can still argue they reduce control.
Loud Exhaust – Texas doesn’t have a statewide noise limit, but there are federal laws that prohibit modifying exhaust systems that increase emissions beyond the EPA limits. Aftermarket pipes often violate this, but it’s hard to enforce. Insurers can argue that the bike was non-compliant and shouldn’t have been on the road.
Lighting Mods – LED accent lighting is legal, except when it flashes, uses red or blue on the front, mimics emergency vehicles, or is excessively bright. It could be argued that the lights were a distraction to the other driver leading to the wreck.
Performance Mods – Most suspension and performance mods are legal, but if a bike has been lowered, it can be argued that it’s was harder to control. Performance mods can violate emissions laws and the insurer might say it was no longer street legal.
Texas is pretty friendly when it comes to modifying your ride. But there are still federal laws that apply, and the insurers will find every angle to use that against you.
When Motorcycle Modifications Hurt (or Help) a Claim
These arguments can be boiled down to four claims that the motorcycle modifications caused:
- Loss of visibility
- Loss of control
- Increased speed or recklessness
- Bike became illegal
And if you didn’t disclose your modifications to your own insurer, you might have voided coverage or a lower payout.
There is, however, the argument going the other way. You might say your motorcycle modifications helped:
- Improve visibility. Extra lighting made the bike more visible, not less.
- Improve awareness. Louder exhaust can counter the “I didn’t see or hear him” argument.
- Increase evidence. A mod to mount a camera means photo and video evidence that wins cases.
- Increased safety. Crash bars, sliders, and other upgrades can show you’re a safety-minded rider.
Mods aren’t inherently good or bad, but you have to show that you’ve documented the upgrades, and they are in compliance with federal laws.
How to Protect Yourself with Herbert Law Group’s Help
The important thing to remember is that long before you’re in a wreck, make sure you’ve thoroughly documented your upgrades. Keep things DOT compliant, and skip the “off-road only” parts if you’re not riding off-road.
This will set the foundation for your claims, but if you’re injured by a negligent driver, the insurance company is still going to try to minimize the payout, and they’ll do everything they can to ensure they watch out for their bottom line.
That’s why you need a powerful legal team to back you up. Herbert Law Group, serving the Dallas area, has the experience necessary to ensure your claim doesn’t get diminished. We first need to know what happened, then we can develop a plan to find you justice.
Call our offices at 214-414-3808, or fill out the contact form on our site, and we’ll be in touch for your free initial consultation.