My goal is simple: maximize your recovery while minimizing the deductions that reduce your settlement.
If you were seriously injured in a motorcycle accident in Kentucky or Southern Indiana, you are facing a very different legal situation than someone injured in a car accident. Motorcycle riders often suffer severe injuries, require extensive medical treatment, and frequently discover that the at-fault driver’s insurance is nowhere near enough to fully reimburse their medical expenses and fully compensate their claim for pain and suffering.
I am Attorney Jim Desmond, a Louisville motorcycle accident lawyer who has represented injured motorcycle riders throughout Kentucky and Southern Indiana throughout my career. My goal is simple: maximize your recovery while minimizing the deductions that reduce your settlement.
Call me today, on my cell phone, at 502-609-7657. The call is free, and I don’t charge a retainer.
Jim Desmond’s Motorcycle Tip
Before you ever ride another mile, look at your motorcycle insurance policy. If you don’t have at least $100,000 in uninsured and underinsured motorist coverage, call your insurance agent today. It’s one of the least expensive coverages you can buy, and it may become the most valuable coverage you ever own if you’re seriously injured.
The Most Important Advice I Can Give Any Motorcycle Rider
If I could give every motorcyclist in Kentucky one piece of advice before they are ever involved in a crash, it would be this:
Purchase at least $100,000 of uninsured and underinsured motorist (UM/UIM) coverage on your motorcycle insurance policy; not just on your automobile insurance.
Far too many drivers carry only Kentucky’s minimum liability insurance of $25,000. Unfortunately, motorcycle injuries often involve surgeries, fractures, traumatic brain injuries, spinal injuries, and permanent disabilities that quickly exceed those policy limits. The honest fact that is completely overlooked by consumers is that there is no guarantee in the law that the at-fault driver was insured or has enough insurance to cover your personal injury claim. This is why I constantly ask people to have uninsured and underinsured motorist coverage on their motorcycle insurance policy. Essentially, if you have uninsured and underinsured coverage on your motorcycle insurance, you have provided the means of recovering for the worst-case scenarios AND gives me a Louisville Slugger to swing instead of a whiffle ball bat.
This coverage has to be on your motorcycle policy—not simply on your automobile policy. Depending upon the circumstances and policy language, insurance companies can argue that automobile coverage does not apply when you are injured while riding a motorcycle. If you were injured in a motorcycle wreck, you want the efforts of your injury attorney to go towards the injury claim against the at-fault driver and not having to argue with your own insurance company whether you have insurance coverage or not.
Why Motorcycle Accident Cases Are Different
Motorcycle accident claims are different from ordinary automobile accident cases in that they often involve multiple areas of the law, to the point where they might as well be a law school exam. If you handle a motorcycle wreck correctly, you are dealing with tort law, contract law, insurance law, and health insurance law. Moreover, I have handled a lot of motorcycle wrecks during my legal career, and typically, motorcyclists usually suffer much more serious injuries such as broken bones, road rash requiring skin grafts, traumatic brain injuries, spinal injuries, permanent scarring, amputations, and multiple surgeries are unfortunately common. During my career, I have represented riders whose medical expenses exceeded $900,000, a young woman who lost her leg, and military personnel whose motorcycle injuries affected their military careers and retirement benefits.
At the same time, Kentucky law treats motorcycle riders differently than occupants of automobiles. Unlike most people injured in cars, motorcycle operators generally are not automatically entitled to Personal Injury Protection (PIP) or Kentucky no-fault benefits unless optional PIP coverage has been purchased. This means, if you are going to ride a motorcycle, you will always want to either have health insurance to pay your medical bills or purchase optional, no-fault coverage on your motorcycle insurance policy.
Some additional information is provided below, but always realize that my cell phone is all over this website so you, the injured motorcycle rider, can always get your questions answered and have help to figure out the best course of action for the handling of your personal injury claim.
What I Evaluate Immediately After a Motorcycle Crash
Every motorcycle accident is unique, but these are some of the first questions I investigate.
- How Much Insurance Does the At-Fault Driver Have?
The first issue is determining whether the negligent driver has enough insurance to fully compensate you. Unfortunately, most do not. From minute one, I will be looking for underinsured insurance on your motorcycle policy, your automobile policy, and any vehicle insurance in your household. Yes, I told you above that there may be exclusions from preventing some of these policies from applying. However, my job is to maximize your personal injury claim by recovering from all the available sources of insurance. As a result, I would rather have an insurance carrier deny coverage for a policy than miss one that might have applied to your wreck.
- Is There Other Insurance Available?
Absolutely. A vehicle can be uninsured, but a driver may have insurance coverage. If both the vehicle and the driver have separate policies of insurance, multiple insurance policies can apply, thereby increasing the sources wherein we can recover on your personal injury claim. Sometimes an employer or business can provide additional coverage, as the at-fault driver may have been acting in the scope of his employment at the time of the wreck. So, a good injury lawyer has the responsibility of identifying every available insurance policy that may help compensate you.
A real-life example was a case I handled wherein my injured client was injured while riding in a motorcycle rally. In short, we asserted her injury claim against multiple at-fault drivers and several underinsured policies, including against the insurance on the motorcycle she was a passenger on and her own automobile insurance. My point being, motorcycle accidents create complex scenarios wherein multiple sources of recovery may exist.
- How Will Your Medical Bills Be Paid?
One of the biggest concerns after a serious motorcycle wreck is obtaining quality medical care, and how does the injured motorcyclist get their medical bills paid? I am going to use every source available to you to pay your medical bills, including your health insurance, med pay coverage on your motorcycle insurance, and optional motorcycle PIP coverage on your motorcycle insurance.
On this issue, let me give you some strong, practical advice for a motorcycle accident:
- First, reserve any med-pay or PIP coverage you have available.
- Second, let all your medical bills go to your health insurance for payment. Your health insurance will assert a lien against your personal injury settlement, but they will all reduce your medical bills substantially; and that health insurance lien is for the amount the health insurance has paid, not the billed amount from the hospital or doctor.
- Lastly, I can use the reserved PIP or med-pay to reduce, or fully satisfy, the health insurance lien and, if necessary, pay the health insurance lien out of your personal injury settlement.
FAQ
Do motorcycle riders receive PIP?
No. Not unless they buy optional PIP.
What if the driver only has $25,000?
We are going to look for underinsured motorist coverage to recover the balance of your personal injury claim.
Should I give a recorded statement?
Call me and let’s discuss. If you do give a statement, do not minimize your injuries or guess on the facts of the wreck.
Can I recover if I wasn’t wearing a helmet?
Yes. At worst, the lack of a helmet is an argument for comparative fault against you.
What if I was partly at fault?
Kentucky is pure comparative fault. You still have an injury claim for any percentages wherein you were not at fault.
How long do I have to file a lawsuit?
Two years from the date of the wreck. Don’t wait that long, though.
Compensation Available After a Motorcycle Accident
Depending upon the facts of your case, compensation may include:
- Past medical expenses
- Future medical treatment
- Lost wages
- Loss of future earning capacity
- Physical pain and suffering
- Mental anguish
- Permanent impairment
- Permanent disfigurement and scarring
- Motorcycle repair or replacement
- Damaged riding gear and equipment
- Loss of enjoyment of life
Every case is different, and I take the time to understand how your injuries have affected your work, family, and everyday life.
The Desmond Difference
One thing that truly sets my practice apart is simple. When you call the number on this website, you reach me directly. That number is my actual cell phone. When you call or text, you deal directly with me. I don’t pass motorcycle accident cases to a case manager or associate attorney.
You do not have to explain your case to a receptionist, intake specialist, or case manager before speaking with your lawyer. If your injuries prevent you from traveling, I can meet you at your home or even at the hospital.