Kentucky Motorcycle Wreck Legal Questions and Answers Kentucky Motorcycle Wreck Legal Questions and Answers
Jim Desmond Law Office,PLLC

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Jim Desmond Law Office,PLLC

How is a motorcycle wreck different from a car wreck?

The key difference between a motorcycle accident and a car accident is that a motorcycle rider is much more likely to be seriously injured or die in a crash AND there is a much greater likelihood that there the value of his personal injury claim will exceed the applicable insurance coverage.

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

No.  There is nothing in the Kentucky or Indiana law that guarantees  that at-fault driver will have enough insurance coverage or angles to pay your medical bills or your claim for pain and suffering.

How much car insurance is required by law in Kentucky or Indiana?

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 looks for other levels of insurance coverage, insurance on your motorcycle insurance policy or on the car insurance policies in your household, to maximize the amount we can recover on your behalf.

Will the Insurance Company For The At-Fault Driver  Pay My Medical Bills As My Treatment Is Ongoing?

No. A liability carrier only pays your medical bills once the entire personal injury claim is settled.   They are preserving the ability to contest whether your medical bills are reasonable and are related to the accident.

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

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.

Why should I use my health insurance or automobile insurance for a wreck that was not my fault?

There is nothing in the law guaranteeing that someone who causes a car accident has enough insurance coverage to pay your medical bills, much less the whole value of your pain and suffering claim. A good personal injury attorney discovers and maximizes the applicable insurance coverage applicable to a car wreck while minimizing the deductions from your personal injury claim.  Your health insurance reduces your total medical expenses thereby minimizing the deduction from your personal injury claim.

Do I have personal injury protection insurance or no-fault coverage when I am on a motorcycle?

Motorcycle riders do not no fault insurance, unless they specifically buy it. No fault insurance means that the insurance for the vehicle you are riding in covers your medical bills up to $10,000, automatically. On a motorcycle, the law says you are not entitled to that coverage. 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.

How does a motorcycle rider get surgery, for injuries sustained in a car wreck, paid for?

First step, use your health insurance.  Second step, reserve any no-fault or med-pay insurance so it can cover the co-pays or deductibles from your health insurance.  Third step, find out how much insurance coverage is on the at-fault driver. Fourth, step, look for underinsured motorist coverage on the motorcycle insurance policy and your own automobile insurance policy.

What steps do you take after you have been in a motorcycle wreck?

First step, contact a good, 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 [502-609-7657] today. This number is my cell phone and I am hear to personally answer your questions. Attorney Jim Desmond.