What Is The First Thing I Should Do If I Am Involved In A Motorcycle Accident? What Is The First Thing I Should Do If I Am Involved In A Motorcycle Accident?
Jim Desmond Law Office,PLLC

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Jim Desmond Law Office,PLLC

First, get to the hospital and get yourself checked out. We can use your health insurance to pay your medical bills. Second, take photos of any cuts or bruises you have from the wreck. Lastly, we need to get the police report as soon as possible. Through the police report we will find out who the at-fault driver was insured with and open a liability claim for the injuries you suffered you in the motorcycle accident.

How Is A Motorcycle Accident Different Than A Car Accident From A Legal Perspective?

Usually, a motorcyclist is hurt much worse than someone who is in a car accident. As a result, one of the first issues we have to deal with is how are going to get the medical bills of the motorcyclist paid and how much insurance is on the other at-fault driver.

Recall, that a good personal injury lawyer needs to try and maximize the recovery for their client with their right hand while minimizing the expenses and liens that are deducted from that recovery with the left hand

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

No. Recall that both Kentucky and Indiana law allow a driver to operate a vehicle with as little as $25,000 per person in insurance coverage. So especially when riding a motorcycle, there is no guarantee that the at-fault driver has enough insurance to pay for your medical bills or the full value of your claim for pain and suffering.

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

No. The insurance company for the at-fault driver is known as the liability carrier. A liability carrier not pay any portion of your claim until they can resolve it all at once. This way, they are preserving their ability to argue your treatment was unrelated, unnecessary or excessive.

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

Most likely, we are going to use your health insurance to cover your medical bills. The health insurance carrier will assert what is known as a subrogation claim against your settlement. In essence, their claim is that since we recovered from the at-fault party, they have a right to recover the medical bills they paid for you from your personal injury settlement. My job is to minimize the amount this subrogation claim will be, wherever possible, so we can maximize the recovery on your personal injury claim.

Is It Fair That I Was In A Motorcycle Wreck That Was Not My Fault Yet I Have To Use My Own Health Insurance To Cover My Medical Bills?

It is not fair. However, you have to understand that the law endeavors to be fair but does not succeed. First you need to understand that there is no guarantee in the law that the other driver has enough insurance to cover the medical bills you incurred as a result of his negligence. Second, even if there is plenty of insurance coverage, you have to understand that one of the goals for a good personal injury lawyer is to minimize the deductions that have to be taken from your personal injury settlement. On that issue, we have all seen explanation of benefits that come from our health insurance carriers. Most of the time they show that a doctor billed $100 for an office visit but because of a contract that doctor has with the health plan, the health plan only paid them $50 to satisfy that $100 charge. Well in our case, the health plan has the right to recover the actual amount they paid and not the amount billed by the doctor. So in this example, $50 would come out of your personal injury settlement to pay the health plan back rather than the $100 billed by the doctor. By lessening a deduction from your personal injury settlement, we have put more money in your pocket when your injury claim is settled.

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

Recall that no-fault insurance means that the first $10,000 of your medical bills and/or lost wages are automatically covered by the insurance company for the car you are riding in, regardless of how the wreck occurred. For an automobile registered in Kentucky, this coverage is automatic. For a motorcycle, this coverage is not automatic. So unless you purchased specifically purchased no-fault insurance on your motorcycle insurance, chances are there will be no no-fault insurance for your motorcycle accident. That’s why most of the time, we have to use the health insurance of a motorcyclist to get their medical bills paid.

For more information on Motorcycle Accidents In Kentucky, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (502) 609-7657 today.