motorcycle accident Archives

Motorcycles and COVID-19

Episode 12: On today’s episode, Jim Desmond discusses motorcycles and COVID-19. Right now, in the world, people are struggling with let’s face it, Cabin Fever. With nice weather happening, motorcycle riders are taking full advantage. The biggest concern is now there may be drivers with no insurance or less insurance coverage than before due to lack of working or even lack of driving. When people are not driving, there comes a point of “Why am I paying for insurance that I’m not using?”

The problem with driving a motorcycle is that if there were an accident, the damage will be much greater than if you were hit in a car. It is important to protect yourself by having a policy set in place in case you were to get hit. Motorcycle coverages are treated differently and viewed differently because Kentucky has a no-fault policy. That means motorcycles will not be automatically covered.

There are 3 coverages that protect you as an operator of a motor vehicle. The first is no-fault coverage, which means your medical bills are covered by the vehicle you’re in for up to $10,000 immediately. This could also be loss of wages and other elements. The second is uninsured, which means your company may act like they insured that other driver. Then there is under insured coverage, which means there isn’t enough insurance available via the at-fault drivers’ coverage.

Uninsured or Underinsured coverage on any automobile or motorcycle policy you have on at least $100,000 per person will give your lawyers the tools they need to work with. You should always prepare for the worse case-scenario. There have been many times where the coverage will not match the damage. Most people had to learn the hard way. This is especially true when we consider the unfortunate relationship between motorcycles and COVID-19.

On a motorcycle, no-fault (or PIP coverage) is not automatic. In fact, they penalize motorcyclist. You will have to use your health insurance to get everything covered. The law goes on to say that the motorcyclist driver cannot recover the first $10,000 of their medical bills they treat them as if they are uninsured. The passenger cannot recover the no-fault coverage, but they can have their medical bills covered.

If you ride a motorcycle, you cannot assume any aspect of your automobile insurance will apply. There are often exclusions that may be hard to find on the contract regarding whether the coverage also applies to motorcycles.

If you or a loved one is in a motorcycle accident, it’s important to document everything. Get the contact information of witnesses and take pictures of the accident and maybe even your wounds. If there is a surveillance camera, it is important to try to get the tape. You have 3 claims you can make in a car wreck/motorcycle accident: property damage, medical bills, and pain and suffering.

Remember the key risk between motorcycles and COVID-19 isn’t that you’re going to get sick. It’s that the other drivers on the road may have reduced or cancelled their car insurance in an effort to save money. You are now at a much higher risk of getting stuck with significant medical bills.

For more information about Louisville Personal Injury Attorney Jim Desmond, visit www.AttorneyDesmond.com.

Important Disclaimers:

The information provided on this podcast is for general informational purposes only. It should not be construed as legal advice and does not constitute an attorney-client relationship. You should seek the advice of an attorney for guidance related to your specific situation. I am only licensed in Kentucky and Indiana, so the general advice provided may not apply outside of those states.

This podcast maybe freely shared, but may not be the modified or edited in any way. This is an attorney advertisement. Principal office is located in Louisville, KY. Co-host Jim Ray is a non-attorney spokesperson.

Motorcycle Accidents and Insurance Issues

Episode 9: Louisville personal injury attorney Jim Desmond has spent years representing people injured in motorcycle accidents. This episode focuses on why these cases are complicated and what motorcyclists can do before they take their bikes out of the garage for spring and summer.

The risks to a motorcyclist is significantly higher because the likelihood that the injuries will be far more serious. The medical bills and related expenses can be overwhelming. An attorney needs to quickly determine any and all available sources of insurance coverage. It’s extremely important for motorcyclists to understand motorcycle accidents and insurance coverage.

Kentucky has a state minimum level of insurance of $25,000. This may be only be a fraction of the actual expenses. It’s extremely important for a motorcyclist to carry a significant amount of Uninsured Motorist and Under Insured Motorist coverage (UM/UIM). These coverages are there to protect the motorcyclist, in the event the at-fault driver either doesn’t have insurance or doesn’t have enough insurance. UM/UIM will add to the available funds to help the injured motorcyclist.

Your motorcycle isn’t adequately covered by your standard automobile insurance policy. Unlike Kentucky automobile insurance, no-fault coverage on your motorcycle doesn’t exist unless you specifically purchase it. A standard car insurance policy provides no-fault coverage (also called personal injury protection or PIP coverage). This lack of coverage creates another financial gap for motorcyclist. PIP coverage is generally $10,000. Without specific PIP coverage, the motorcyclist may be unable to recover the first $10,000 of medical expenses. For injured motorcyclists, this can be a difficult conversation about motorcycle accidents and insurance.

Pedestrian PIP only covers a pedestrian the who may be hit by a motorcyclist. It does not apply to the motorcyclist.

If a motorcycle wreck has occurred, it’s important that the evidence is preserved. Pictures are extremely important. It’s important to photograph cuts and bruises that may heal by the time the case goes to trial. The location of the vehicles is significant in reconstructing what may have occurred at the time of the collision. The victim may not be able to take the photos, but family members may be able to, if they arrive at the scene.

It’s important to remember to download the photos from your cell phone to a laptop or other storage device. Phones can be damaged or lost. The important photos could be lost.

It’s incredibly important to avoid posting statements and/or photos to social media while your case is being handled. It’s very easy to make comments which could later be taken out of context. This often can be extremely damaging to an injured victim’s case. This includes the family and friends of the injured motorcyclist.

Get the Police Report

This important document will list the people involved and their insurance companies. It also often indicates which driver appears to be at fault. The website www.BuyCrash.com is a trusted, easy resource. It’s very inexpensive and can be done quickly. The information on the report is helpful when opening the motorcycle accident claim.

Your own health insurance may need to be used to cover your medical expenses, especially if you didn’t purchase the additional PIP coverage as part of your motorcycle insurance. The advantage to using your healthcare is that you are able to get medical treatment even before the case is resolved. If your health insurance pays your medical bills, they have the right to file a lien against any settlement or jury verdict you recover from the at-fault driver. Medicare and Medicaid have the same rights to attach a lien to your settlement or verdict.

Jim Desmond will continue this discussion about motorcycle accidents and insurance issues in Episode 10, launching in 2 weeks.

For more information about Louisville Personal Injury Attorney Jim Desmond, visit www.AttorneyDesmond.com.

Important Disclaimers:

Dealing with Bills from Motorcycle Wrecks

In a recent podcast episode, I discussed the law concerning motorcycle wrecks at length. It’s so important that I took my outline for that podcast and I elaborated on it below. I hope this information assists you and don’t hesitate to call me at 502-609-7657 if you have concerns about your motorcycle accident.

Personal Injury Law for Motorcycle Wrecks

Usually, when someone is involved in a motorcycle collision, there are high damages (e.g. medical bills and lost wages) and insurance coverage on that at-fault driver that is inadequate. One of the biggest responsibilities of a personal injury lawyer handling a motorcycle accident is addressing how the medical bills from a motorcycle wreck are going to be paid. After all, the medical bills alone may exceed the applicable insurance coverage on the at-fault driver.

Keep in mind that the job of a good personal injury lawyer is not only to maximize how much he can get you with right hand BUT ALSO and EQUALLY IMPORTANT to minimize the deductions from your personal injury settlement with his left hand (e.g. health insurance liens, attorney’s fees, unpaid medical expenses). A good personal injury attorney has both these roles. It’s most clearly evident in Motorcycle accidents. It’s one of best examples of the dual roles a good personal injury lawyer must accomplish.

Before the wreck

Make sure you get UM and UIM coverage on your motorcycle policy, not just the automobile policy. PIP coverage is not standard with motorcycle policies but it can be bought as optional PIP coverage though. Always, assume that there is an exclusion wherein your car insurance policy will not apply to motorcycle wreck. Typically, there’s an exclusion (a provision in that long insurance policy that says we won’t cover you while doing something). A common one is a coverage exclusion while you are operating a motorcycle or if the vehicle is regularly owned and operated by you, but not listed in the insurance policy. We may look at your automobile insurance policy for further insurance coverage if you were severely injuries; however, we want the automobile policy to be a fallback position.

At the Crash Scene

Motorcycle wrecks often involve EMS transportation to the Emergency Room. Plan on having your health insurance cover the medical expenses because of lack of PIP coverage on your motorcycle. Yes, your health insurance has a lien against your settlement and their subrogation claim will need to be addressed at the time your personal injury claim is settled.

If friends or family are present at the accident scene, have them get names of witnesses, take photos (of the scene, the vehicles, bruises and cuts) and look for cameras. This will help to preserve valuable pieces of evidence to be used in negotiating with the insurance adjuster and/or as evidence if the claim proceeds to a jury trial.

I will meet with a client at the Hospital or at Home

When I meet with a potential client at the hospital, our discussion usually involves a lot of speculation because I don’t know the details of all the applicable, insurance coverage. It is a little bit like a doctor warning of all possible outcomes from a surgery (i.e. because unknown liability limits.

I will get the Police Report

I use http://www.buycrash.com to download police report off the internet. One thing I immediately look at is which driver does the Officer list as the number one driver. On the police report, the at-fault driver, according to Officer’s opinion, is usually the number one driver. Remember Kentucky is a “pure comparative fault” state, so a personal injury claim may still exist even if the majority of fault is placed on the motorcycle rider.

I will contact Their Insurance Company

I will open a claim with the insurance carrier for the at-fault driver. As your injury attorney, I may have to run the license plate with the County Clerk to track down insurance on the at-fault driver. Insurance coverage can exist through the driver or owner of motor vehicle.

Final Thoughts

As you can see, dealing with medical bills from a motorcycle wreck is extremely complex. There are many factors to consider. Probably the most important factor is does your attorney have extensive experience handling motorcycle accident claims?

If you’d like to discuss your specific situation, you can call me on my cell phone at (502) 609-7657. I understand how to effectively represent victims of motorcycle collisions. I’ve been doing it for many years.

Tag: motorcycle accident