Jim Desmond Law Office,PLLC

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(502) 694-1888

4965 US HWY 42, SUITE 1000, LOUISVILLE, KY 40222

Jim Desmond Law Office,PLLC

If a client is severely injured, then I look to his car insurance to see what I can make apply to cover him while he was on his motorcycle. Typically, though, auto insurance has an exclusion for while you are riding your motorcycle. As a result, even though you might have no fault, uninsured, or underinsured coverage through your automobile policy, there is no guarantee that it will cover you while you are riding a motorcycle. I always tell motorcyclists to make sure to put uninsured or underinsured coverage on their motorcycle policy, in addition to their automobile policy. If you are badly injured, you might be able to get both the motorcycle and the auto insurance to apply to cover injuries, but you don’t want to take that chance. It is safer to assume that the automobile policy will not apply while you are riding a motorcycle.

If The At-Fault Driver Was Uninsured, Do I Still Have A Motorcycle Wreck Injury Claim?

If the at-fault driver was uninsured, you still have a personal injury claim. The first step is to make sure that this other driver is truly uninsured. They could have insurance coverage through the vehicle they are in and or in their personal insurance. Assuming they truly are uninsured, you are going to look back to your motorcycle policy and even potentially through your automobile policy, for underinsured motorist coverage. If you find it, that gives you a source to recover a pain and suffering claim from anything that they pay out on your behalf.

Why Do I Need A Personal Injury Attorney In Making A Claim Against My Own Insurance For Uninsured/Underinsured Benefits?

Don’t assume, just because you are dealing with your own insurance company, that they are going to go any lighter on you or be any friendlier. The job of an insurance company is to save money. They are not going to advise you of any procedural requirements you might have. Regarding underinsured motorist coverage, you have to give that carrier notice, legally, and there is a procedure laid out by statute. If you don’t follow that procedure, you effectively waive your right to recover underinsured motorist benefits. If you do that, obviously you are limiting the total amount you can recover in your personal injury settlement.

How Does No Fault Insurance Work With Motorcycle Accidents?

No fault insurance means that the vehicle you are in covers your medical bills up to $10,000, automatically. In exchange for that right, the legislature says we give up the right, as a consumer, to recover those medical bills. It becomes the right of the no fault carrier or the insurance company to pay the bills. The problem is, on a motorcycle, which is considered a dangerous vehicle, they do not let you have no fault benefits unless you specifically purchase them from your own motorcycle insurance policy. Most motorcyclists don’t because of the costs. This effectively treats motorcyclists as uninsured motorists, which is not fair. A good personal injury attorney will work to minimize that penalty on your personal injury settlement, by hopefully minimizing the total amount of your medical bills through using your health insurance.

Can A Passenger On A Motorcycle Recover Their Medical Bills From An At Fault Driver?

When you are operating a motorcycle or riding as a passenger, neither of you can recover no fault benefits automatically. If you are operating the motorcycle, the law penalizes you and says you don’t have a right to recover the first $10,000 of your medical bills and lost wages from the at-fault party. When you are a passenger on a motorcycle, you can’t recover no fault benefits, but you do have the right to recover your medical bills on the other driver.

For more information on Using Car Insurance In A Motorcycle Wreck, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (502) 694-1888 today.

Attorney James Desmond

Call Me On My Phone: (502) 694-1888