Denver Motorcycle Lawyer: What to Do When the Insurer Delays or Denies Your Injury Claim

TL;DR - Key Points

• A delayed or denied claim is not the end of your case. Get the decision in writing, keep your file growing, and know your deadlines.
• Who is stalling matters. Colorado's bad faith insurance law gives real leverage against your own insurer, but works differently when the at-fault driver's insurer is delaying.
• If your own insurer unreasonably delays or denies a covered benefit, you may recover two times that benefit plus your attorney fees and court costs.
• A Denver motorcycle accident lawyer can force movement when an adjuster goes quiet.

You did everything right. You reported the crash, sent in your records, and waited. Then the payments stopped, or a letter showed up saying your claim is denied. Maybe the adjuster who used to call back has gone silent. If you ride in Denver, you already know the odds can feel stacked against you the moment a driver pulls out and says they never saw you. Then the insurance company acts like your injuries are the problem.

We see this all too often. "Insurers count on riders giving up when a claim drags or gets denied. The riders who push back, with the right documentation and the law on their side, are the ones who get paid," says Patrick DiBenedetto, Partner and Motorcycle Lawyer at Metier Law Firm. A stalled or denied claim can be frustrating, but it follows rules, and a Denver motorcycle accident lawyer knows how to make those rules work for you.

Figure Out Who's Actually Stalling Your Claim

Before you fight anything, get clear on whose insurance is stalling. This detail changes your options.

If the delay is coming from your own policy, your uninsured/underinsured motorist (UM/UIM) coverage, your medical payments coverage, or another benefit you paid for, Colorado law calls you a first-party claimant. That status gives you the strongest tools. If you want to see how UM/UIM coverage works after a crash, we break it down in our guide on Denver hit-and-run claims and uninsured driver coverage.

If the delay is coming from the at-fault driver's liability insurer, you're a third-party claimant, making a claim against someone else's policy. Colorado's bad faith statute leaves third-party liability claimants out, so your leverage comes from the underlying claim against the driver and, when needed, a lawsuit filed before your deadline runs. A Denver motorcycle accident lawyer can tell you in one conversation which category you fall into.

Why a Denver Motorcycle Accident Lawyer Sees These Claims Stall

Motorcycle injuries tend to be serious and expensive. Per mile traveled, riders are almost five times more likely to be injured in a crash than people in passenger cars, according to the National Highway Traffic Safety Administration. Insurers know those bills climb fast, and some adjusters treat that as a reason to fight a claim instead of pay it.

Most insurance adjuster delay tactics fall into a few buckets:

Endless requests for records. Every "one more form" draws out the timeline longer, slowing down the process as much as possible.

Recorded statement traps. Insurance companies often frame questions to make the answers you give sound like you’re downplaying an injury or even admitting fault.

Blaming the motorcycle or the gear. They try to tie your injuries to a pre-existing condition or your equipment. 

Low settlement offer, then silence. A fast, small offer lands, and when you say no, the file goes quiet.

None of that means you did anything wrong. It means the company is protecting its bottom line, and you have every right to protect yours.

What to Do When Your Claim Stalls

Here's the playbook a Denver motorcycle accident lawyer runs, and it works no matter which insurer is involved.

Get the Denial or Delay in Writing

Ask the adjuster to put the reason in writing, citing the specific policy language. A verbal "we're still reviewing it" gives you nothing. A written reason gives you something to challenge.

Keep Building Your File

Save every bill, medical record, email, and voicemail, and note the date and name each time you call. This paper trail is how you fight a denied motorcycle claim, and it's the first thing your lawyer asks for.

Put Your Deadlines in Writing

Send a written demand asking for a decision by a specific date. Dated requests create a record of how long the insurer is taking, which matters if a delayed motorcycle accident claim in Colorado later turns into a bad faith fight.

File a Complaint With the Colorado Division of Insurance

You can file a complaint with the Colorado Division of Insurance. The Division asks the company to respond, generally within about 20 days, and your complaint joins the official record. It won't force a payout, but it gets the company's attention and documents the delay.

If you've been hurt in a motorcycle crash and need answers, call us at 833-4MOTO-LAW (833-466-8652) or schedule a free consultation at www.metierlaw.com.

When Delay or Denial Becomes Bad Faith in Colorado

This is where your own coverage gives you real power. Under Colorado's bad faith insurance law, C.R.S. sections 10-3-1115 and 10-3-1116, an insurer cannot unreasonably delay or deny payment of a benefit it owes a first-party claimant. "Unreasonable" has a specific meaning: the company delayed or denied a covered benefit without a reasonable basis.

If a court finds your own insurer crossed that line, you can recover two times the covered benefit, plus your reasonable attorney fees and court costs, on top of the benefit itself. That's a serious deterrent, and it's why first-party delay cases get attention fast.

Two things are worth knowing. The claim runs against the insurance company, not the individual adjuster. The Colorado Supreme Court settled that in Skillett v. Allstate in 2022. And this remedy is built for first-party claims, so if the at-fault driver's insurer is the one stalling, you usually can't bring this exact claim against them. A Denver motorcycle accident attorney can map your coverage and tell you whether a bad faith claim is on the table.

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Frequently Asked Questions

What Should I Do First If My Motorcycle Insurance Claim Is Denied in Denver?

Get the denial in writing and compare the insurer’s reason with your policy. Some denials come from missing documents or coverage disputes, but others may signal bad faith. Hiring a motorcycle accident attorney early helps protect your claim, preserve key evidence, and address unfair insurance tactics before important opportunities are lost. If you wait until after a denial to seek legal help, important steps may have already been missed, making it more difficult to hold the insurance company accountable and recover the compensation you deserve. 

How Long Can an Insurance Company Take on My Claim in Colorado?

There's no magic number, but the company has to act reasonably. A delayed motorcycle accident claim in Colorado can cross into bad faith when your own insurer sits on a covered benefit without a reasonable basis. Documenting each delay protects you.

Can I Sue the Insurance Company for Acting in Bad Faith?

If it's your own insurer and the delay or denial was unreasonable, yes, under C.R.S. sections 10-3-1115 and 10-3-1116. You may recover two times the covered benefit plus your fees and costs. Bad faith insurance claims in Colorado turn on the facts, so talk it through with a Denver motorcycle accident lawyer.

Do I Need a Lawyer to Fight a Denied Motorcycle Claim?

Not always, but it helps, especially with serious injuries. Knowing how to fight a denied motorcycle claim takes time, records, and steady pressure most riders can't keep up while healing. A Denver motorcycle accident lawyer can carry that load for you.

A Denial Letter Is Not a Verdict

A "no" or a long silence from an insurer is a starting position, not the last word. Riders who document everything, track their deadlines, and know which law applies put themselves in a far stronger spot. We ride the same Denver roads you do, and we've seen what changes when an injured rider stops accepting the first answer and pushes back with evidence. If your claim is stuck, the Denver motorcycle accident lawyers at our firm can take over communications with the insurer, identify any signs of bad faith, and work to move your claim forward before critical opportunities are lost. You can also see how we handle a Denver crash claim from the first call through settlement.

Call Metier Motorcycle Lawyers at 833-4MOTO-LAW (833-466-8652) or schedule your free consultation today at www.metierlaw.com.

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Disclaimer: Past results discussed should not be considered a guarantee of your results as the factors of every case are individually unique. This content is for informational purposes only and does not constitute legal advice. Consult a qualified attorney from Metier Law Firm regarding your individual situation for legal advice.

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