Should I Call an Insurance Adjuster Back? Consult an Attorney Before Speaking with the Insurance Adjuster

If you weren’t wearing a helmet, you might be wondering whether that automatically puts you at fault or takes away your ability to file a claim. Insurance companies often lean into that assumption, but the law has a different take.

In Wisconsin, motorcycle helmets are strongly recommended for safety, but they are not legally required for riders who are 18 or older and properly licensed. Even if you were not wearing a helmet, you still have the right to pursue compensation if another driver caused the crash.

If you were injured while riding in Milwaukee, Madison, Appleton, or Green Bay, the focus of your claim is not whether you wore a helmet. It is whether another driver acted carelessly, failed to yield, was distracted, or otherwise caused the collision.

What Wisconsin Law Actually Says About Helmets

In Wisconsin, motorcycle helmet laws are limited. Riders and passengers under 18 and those riding with an instructional permit are required to wear helmets. For riders 18 and older with a valid license, helmets are optional.

That distinction matters. Choosing not to wear a helmet when you are legally allowed to do so is not, by itself, a violation of the law.

Can You Still File a Claim If You Were Not Wearing a Helmet?

Yes. You can still file a motorcycle accident claim even if you were not wearing a helmet.

The most important question in any motorcycle case is what caused the crash, not what you were wearing. If another driver was speeding, distracted, failed to yield, or simply was not paying attention, you still have the right to pursue compensation for the harm they caused. That can include:

Medical bills
Lost income
Damage to your motorcycle
Pain and physical limitations
Long-term effects on your daily life

Helmet use does not change whether another driver acted negligently.

How Helmet Use May Come Up in a Claim

This is where things get more nuanced. Wisconsin follows a comparative negligence system. That means fault can be divided, and compensation can be reduced if someone’s actions contributed to their injuries.

In motorcycle cases, insurance companies sometimes argue that not wearing a helmet made injuries worse. For example:

A rider is struck by a car that turned left in front of them in Milwaukee.
The driver clearly caused the crash.
The insurer then argues that a helmet might have reduced the extent of the head injury.

In that situation, the argument is not that the rider caused the accident, but that they share some responsibility for the extent of their injuries. Even then, this does not automatically reduce compensation. It must be proven, and it is often disputed with medical and accident evidence.

What This Means in Real Life

Every case is different.

If your injuries did not involve your head, helmet use may be irrelevant.
If the crash was severe, a helmet may not have changed the outcome.
If the other driver’s conduct was especially dangerous, that remains the central issue.

This is why these cases should not be decided by assumptions. They should be evaluated carefully, with facts, timing, medical records, and an understanding of how Wisconsin law is actually applied.

Why Legal Guidance Matters After a Wisconsin Motorcycle Accident

Motorcycle accident claims are already treated differently by insurance companies. When helmet use is added to the conversation, adjusters often push harder to minimize claims early on. At Natasha Misra Law, we focus on what truly matters:

Who caused the crash
How it happened
What injuries resulted
How your life has been affected

Natasha stays personally involved in motorcycle injury cases, supported by a team with deep experience handling serious auto and motorcycle claims across Wisconsin. We take the time to explain your options clearly, answer your questions honestly, and push back when insurers oversimplify the law.

Talk to a Wisconsin Motorcycle Accident Lawyer Who Will Give You Straight Answers and Real Support

If you were injured in a motorcycle accident and were not wearing a helmet, do not assume you are out of options. You deserve to understand where you stand before an insurance company decides for you.

‍Contact us today to schedule a free consultation. Natasha Misra Law serves riders throughout Milwaukee, Madison, Appleton, and Green Bay.

We’re here to help you understand your rights and get back on your feet.

An insurance adjuster is a person who an insurance company employs to investigate and evaluate insurance claims. Insurance adjusters are responsible for determining the extent of coverage and scope of insuring a company’s liability.

If you are in the process of seeking compensation after a car accident, you will probably encounter insurance adjusters. Insurance adjusters work on behalf of the insurance company, so it’s important that you do not speak with them without your attorney present.

What are The Dangers of Speaking to an Insurance Adjuster Without Legal Advice?

Insurance adjusters evaluate the extent of the injury or damage, determine liability, and negotiate a settlement. Speaking to an insurance adjuster without any legal advice from an attorney can carry numerous potential dangers, including:

Limited understanding of your rights: Insurance policies and claim processes can be complex. Without legal support, you may not have a clear understanding of your rights and could unintentionally say or do something that could jeopardize your case.
Weakening your case: Adjusters have expertise in fighting claims. They may find ways to weaken your case or deny your claim altogether.
Unfair settlement offers: If you are unaware of the actual value of your claim, you are at risk of accepting unfair compensation.
Contradictory statements: Claims adjusters will usually ask questions and often try to take recorded statements that can cause you to make contradictory or inaccurate statements that can undermine your credibility.

Why Consult An Attorney?

There are many reasons to consult an attorney when dealing with insurance adjusters, including the following:

Consulting an attorney helps ensure equal representation. An attorney can level the playing field by protecting your interests.
An attorney has an extensive understanding of insurance laws and regulations and can help you navigate the claims process effectively.
Insurance adjusters have negotiation skills. By hiring a lawyer, you gain access to someone skilled in negotiation.
An attorney has the knowledge and experience to help you navigate complex legal issues.

Contact Natasha Misra Law Today

Seeking legal advice can help protect your rights and maximize compensation. It can also help you understand the implications of statements made during conversations with an adjuster.

If you have been injured due to someone’s fault, Natasha Misra Law can protect you from insurance adjusters—call (414) 210-3834 to schedule a free consultation and get the compensation you deserve.

Natasha Misra

My law practice is dedicated to helping people who have suffered injuries in accidents which were not their fault. Born and raised in Milwaukee, I come from a family of medical professionals. My background and experience help me understand and represent individuals injured in accidents.