Obtaining Compensation for a Motorcycle Accident
If you were involved in a motorcycle accident, I want to hear from you. The laws passed by the Legislature don't always treat motorcyclists the same as someone who was riding in an automobile. Usually, the motorcyclist has less means of recovery. Since motorcycle accidents are not as common as automobile accidents, I find that even other personal injury attorneys don't always know the ins and outs of all the relevant statutes. So contact my Louisville law office today; let me talk directly with you to see what we steps we need to take IMMEDIATELY to protect your rights.
Are You Really Covered?
After an accident, many motorcyclists find out they do not have adequate insurance coverage. A personal injury lawyer can often collect the full limits of an insurance policy for medical expenses, lost wages, and pain and suffering but, that is only half the ball game. I will work with you to determine how to minimize your medical expenses while providing for your future treatment. Further, we have to make sure that other insurance does not apply. When it comes to finding other, applicable insurance, it is like a fishing expedition. For example, I have handled accidents wherein we were able to recover from an automobile policy even though my client was riding on a motorcycle when the accident occurred. I am willing to send open a claim with any insurance company that I think even has a remote chance of applying. I want to make sure that all sources of potential compensation are fully investigated.
• In 80% of motorcycle accidents, the rider or passenger suffer injuries. While the driver of the auto may suffer no effects or minor injury, motorcycle riders often sustain disabling injury or death. Brain injury, spinal injury, amputation, and paralysis are common outcomes, requiring surgery or years of physical therapy. If you ride a motorcycle, you need the most insurance you can afford.
Contact Desmond Law Office today for a free consultation with an experienced attorney.
My name is attorney James Desmond, and my cell phone is 502-609-7657. LET'S QUIT GUESSING AT THE ANSWERS AND SHOW THE INSURANCE COMPANIES WE MEAN BUSINESS!
No-Fault Insurance and the Myth of "Full Coverage"
Medical bills for a motorcycle accident can quickly add up to tens of thousands of dollars or more. Kentucky is a no-fault insurance state, meaning that no matter who caused the crash, your own auto insurance covers medical bills and lost wages up to the limit of your policy, regardless of how the accident happened. In Kentucky, most automobile policies are sold with PIP coverage while motorcycle policies do not carry PIP unless specifically purchased by the Insured.
Indiana is a Med-Pay state. Med-Pay is not required for all drivers and motorcycle operators and must be purchased on each policy you own. It will typically cover medical expenses up to the policy limits. Unlike no-fault insurance, Med-Pay does not cover lost wages.
Many riders think they are protected by "full coverage" policies. But comprehensive or collision insurance only applies to property damage to your motorcycle, the other vehicle and personal property. It does not cover medical expenses or lost income.
To put these concepts in perspective, keep in mind that if your injuries are severe enough so that you are airlifted to the Trauma Unit of the local hospital, the bill for the airlift alone will probably be between $11,000 and $20,000. In other words, before the first doctor looks at you, your medical expenses can exceed the available no-fault or med-pay coverage.
Uninsured Motorist / Underinsured Motorist
Aside from the accident itself, the greatest danger facing many victims is a driver with no insurance. Although driving without insurance is a crime in Kentucky and Indiana, we share the road with thousands of drivers who lack even minimum coverage.
If your medical expenses and lost wages exceed your no-fault or Med-Pay policy limits, the driver who was at fault is liable for the remainder. For example, your PIP / no-fault policy covered the first $10,000 but your medical bills were $23,000. You could seek the remaining $13,000 from the other driver's insurance.
If your medical expenses and lost wages exceed your no-fault or Med-Pay policy limits, the driver who was at fault is may be liable for the remainder. However, there is no guarantee that he/she has the insurance coverage or assets to actual pay these medical expenses. - This is a key principle in both Kentucky and Indiana motor vehicle law, IT IS NOT FAIR. While the law endeavors to be fair, it fails! Both drivers in Kentucky and Indiana are required to have at least $25,000 in insurance coverage. So what if the at-fault driver has only $25,000 in insurance coverage but the accident caused you to suffer a broken leg with a subsequent a surgery costing $75,000. The honest answer is you are out of luck. UNLESS, I can figure out how to recover all the applicable insurance policies and get your medical bills substantially reduced. THIS IS HOW I EARN MY ATTORNEY'S FEE ON THIS TYPE OF CASE.
CURIOUS? CALL ME AT 502-609-7657 AND I WILL SHARE WITH YOU SOME OF MY AGGRESSIVE TECHNIQUES.
Recommended Extra Coverage for Motorcycles
If you ride a motorcycle, I strongly recommend:
Uninsured/Underinsured Motorist: a minimum of $100,000 (even more if you can afford it)
*The Kentucky State Bar requires me to say that COURT COSTS AND CASE EXPENSES WILL BE THE RESPONSIBILITY OF THE CLIENT.
