underinsured Archives - Louisville Accident & Injury Attorney Jim Desmond

Passengers Injured on a Motorcycle

As an experienced Kentucky and Indiana personal injury attorney I can tell you passengers injured on a motorcycle typically have a personal injury claim against the motorcycle rider or the other vehicle that hit the motorcycle. Motorcycle accidents happen quickly and usually result in serious injuries since there is less protection than a car. A car changes lanes without warning, or pulls out in front of you leaving a motorcyclist nowhere to go. I’ve seen enough injured victims of motorcycle wrecks to know how dangerous an accident can be. This is especially true for passengers on a motorcycle. You may not see it coming and the next thing you know, you’re recovering from a surgery laying in a hospital room.

If there is any good news for an injured passenger it is this: you typically have a valid injury claim. Your source of recovery might be the insurance carrier for the motorcycle, the automobile or even your own car insurance.

If the accident was caused by another car or truck, a lawsuit can hold the driver of the car financially responsible for what has happened to you. If the accident was caused by the driver of the motorcycle, his or her accident insurance may be primary source of recovery for your injuries. I know, you may not want to sue your close friend or a significant other but, you may have little choice. The fact is I will most likely be pursuing their insurance coverage and not them personally. That’s why they have insurance, and you deserve to recover for your costs and expenses. Moreover, there is no reason your financial planning should be ruined by large medical bills because of the negligence of another driver.

Many people are surprised to learn that their own auto insurance may also be a source of recovery. If the person who caused the accident does not have any insurance or enough insurance for your medical bills or to the cover the value of your personal injury claim, your own automobile insurance policy may provide uninsured and underinsured motorist coverage; which provides additional insurance for your injuries if the at-fault driver was not insured or did not have enough insurance. You may recall that I recommend that you have at least $100,000 per person of uninsured and underinsured motorist coverage on every motor vehicle you own.

Passengers injured on a motorcycle typically have a personal injury claim, and I can help. If you were injured on a motorcycle, call me on my phone and speak with me personally at [number]. Let me discuss with you how insurance may cover your injuries or how we can get your medical bills paid. That’s my job. Motorcyclists and their passengers have enough to worry about as they recover from the accident. You can entrust your injury claim to me, so that you can focus on recovering from what has happened.

Top 10 Mistakes You Can Make in Handling Your Own Automobile Injury Claim

Top 10 Mistakes You Can Make in Handling Your Own Automobile Injury Claim

10) Don’t go to the doctor. The injury claim lives and dies on the contents of your medical records. If you don’t go to the doctor, it appears you must not have been in pain.

9) Not having the right kind of insurance before the claim occurs. It is: uninsured motorist; underinsured motorist coverage and; health insurance to make sure you can get your medical expenses paid for. There is no guarantee that the at-fault driver has enough insurance coverage to satisfy your personal injury claim and this let’s us plan for worst-case scenarios.

8) Missing the Statute of Limitations. Every case has a Statute of Limitations that varies by state and the type of case. The essence is that if your claim is not filed with the proper court in the prescribed time, the claim is barred like it never existed.

7) Immediately bringing up settlement to the insurance company. It makes you look like your primary concern is money. Instead, concentrate on your injuries and do what you need to get better.

6) Don’t settle your personal injury claim too early. When an insurance company makes an offer to you immediately after the claim, they are trying to buy the risk that you may need more treatment. Don’t think that they are doing you any favors.

5) Signing documents without reading them. If you do sign a release of your personal injury claim, your claim can be done before it gets started. I always tell my clients when they are signing a release, it does not matter how severe of an injury is discovered at a later date, you cannot recover anything further on their injury claim.

4) Guessing on distances and facts. Many insurance companies want to do recorded statements with you immediately after the car wreck. Sometimes, when facts are in dispute, that can be a good way investigate the claim further. However, if you guess, those estimates may be used to determine liability for the wreck.

3) Posting facts regarding the car wreck or your injuries to Facebook. Very simply, for cases involving litigation, most defense attorneys will make you produce all your Facebook, or other social media, since the wreck. To borrow a line from the Miranda warning, whatever you say can be used against you in a court of law.

2) Not understanding that all of your previous medical history is relevant to the injury claim. Insurance companies may want several years of your medical history. The idea being that if they did not cause the injury but rather aggravated a pre-existing injury, your claim is worth less.

1) Becoming stubborn about the perceived value of your claim. Very simply, we all want to believe our own hype. A bird in the hand is always worth two in the bush and every jury verdict is a gamble. Accurately predicting what twelve people will think is difficult for the best attorneys or judges.

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