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

The key difference between a motorcycle accident and a car accident is that a motorcycle rider is much more likely than the driver of a car to be seriously injured or die in a crash.

Does The At Fault Driver Pay All My Medical Bills In A Motorcycle Accident?

The law only requires the driver of a vehicle to have $25,000 in insurance coverage in both Kentucky and Indiana. A good personal injury attorney basically has to look for other levels of insurance coverage to maximize the amount we can recover on your behalf.

The Insurance Company For The At-Fault Driver Will Not Pay My Medical Bills As My Treatment Is Ongoing.

The at-fault driver’s insurance carrier is known as a liability carrier. That liability carrier will settle the whole claim at once or not at all. They are preserving the ability to contest whether your medical bills are reasonable and are related to the accident. In order to have your treatment paid for, as it’s ongoing, we are going to have to look and try to find health insurance coverage, Med-Pay coverage and/or no-fault coverage that might apply to your injuries, and use that to pay for your treatment.

How Do I Get My Medical Bills Paid If I Am In A Motorcycle Wreck?

Usually, to pay your medical bills, you are going to have to use your health insurance. Your medical bills are probably going to be substantial and even if there was no fault or Med-Pay coverage, your medical bills are probably going to far exceed that limit. Your health insurance will assert a lien, called a subrogation lien, against your settlement. It means that they have a right to get back any money that they may pay on your behalf. The job of a good personal injury attorney is to try to minimize that lien because it is going to affect the amount of net recovery of any personal injury settlement you recover.

If I Was Not At Fault For The Motorcycle Wreck How Is It Fair That I Have To Use My Own Health Insurance To Pay For Medical Treatment?

The law is not fair. It endeavors to be fair but it doesn’t succeed. There is nothing in the law guaranteeing that someone who causes an accident has enough insurance coverage to pay your medical bills, much less the whole value of your pain and suffering claim. The job of a good personal injury attorney is not only to maximize what they do have in coverage and try to recover that on your behalf, but also to minimize deductions. One of the ways we do that is through using your health insurance. Your health insurance has a right to recover money they pay, up to the billed amount of the medical expense.

Why Don’t I Just Use My No Fault Insurance To Cover Medical Bills?

When you are on a motorcycle, you don’t have no fault insurance, unless you specifically bought it. No fault insurance means that the vehicle you are in covers your medical bills up to $10,000, automatically, for a wreck that happens in Kentucky. On a motorcycle, the law says you are not entitled to that coverage, again, unless you bought no fault insurance, specifically. Most motorcyclists don’t buy it because it is very expensive. You are going to have to fall back on other coverage, most likely your health insurance.

What Do I Do If I Need Surgery And The At-Fault Driver’s Insurance Claims To Owe Me Only $25,000?

The first step in dealing with the aftermath of an accident is to contact a personal injury attorney. You can sue someone for a wreck for as high an amount as you want. The suit only gets you a judgment that says they owe you a million dollars. The bottom line is, if they don’t have assets up and above that $25,000 in coverage, then it may be a worthless judgment. Rather than accept that insurance company’s offer, what we need to do is look for underinsured coverage, both on the motorcycle that you are riding, as well as any automobile policy that you have. If we find that kind of insurance coverage, we can still potentially recover that $25,000 from the at-fault driver and still make a claim against your own insurance for more, saying that you were not fully compensated for your pain and suffering claim from the first settlement. This is exactly why you’ve probably been paying for that specific coverage all along.

For more information on Motorcycle Accident vs. Car Accident, 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