Motorcycle Accident Injury Protection

Date: April 18, 2015

Having motorcycle insurance is critical for many reasons. Being in an accident without insurance coverage can cause you to lose your license, suffer fines and be denied recovery for your legitimate injuries. Insurance is not a personal decision. It is absolutely required by law.

Beyond having insurance to cover the accident if you are at fault, you should also have coverage that provides security should you be hit by an uninsured or underinsured motorist. A substantial number of vehicles on the road are driven by uninsured motorists, those who will not be able to pay for your damages if you are in an accident with them. In case one of these irresponsible and illegal drivers cause your motorcycle accident, you need to watch out for your interests and expenses through uninsured/underinsured motorist coverage.

After a Motorcycle Accident

If you are involved in a motorcycle accident, you need to protect yourself. To protect your legal rights, try to remember these important tips:

  • Never admit fault for the accident, even if you were at fault
  • Always stop if an accident occurs to avoid being charged with felony hit and run
  • Check with others involved in the accident to find out if anyone is injured
  • Call the police immediately, as well as an ambulance if anyone has injuries
  • Obtain other drivers’ information, including:
    • Name
    • Address
    • Phone number
    • Driver’s license number
    • Vehicle registration certificate
    • Insurance company name
    • Insurance agent name
    • Insurance agent phone number
    • Insurance policy number
  • Obtain details of other riders or occupants of involved vehicles
  • Obtain contact information for accident witnesses
  • Get pictures of your vehicle and others involved in the accident, particularly of vehicle damage
  • Take photos of the accident site, traffic signs/signals, and physical injuries you suffered
  • When police do not respond to the scene, go immediately to the nearest police station for filing of a police report

Motorcycle Accident Damages and Recovery

When you have been in a motorcycle accident, the injuries and damages you suffer may entitle you to recovery of damages, regardless of fault in the accident. If you are entirely at fault for the wreck, you may also be liable for the other driver’s damages. When the accident is someone else’s fault, you are entitled to file a claim for your damages. These recoverable expenses include:

  • Property loss
  • Medical bills
  • Lost income – past and future
  • Pain and suffering
  • Loss of life enjoyment
  • Loss of consortium – marital support and services

The amount of compensation you are able to recover will rely upon the injuries you have suffered, whether parties are insured and the percentage of your own fault in the accident. If you have no fault in the accident, you should be able to recover 100 percent of the actual out-of-pocket costs you have suffered, as well as a sum that will compensate you for pain and suffering. If you have some fault in the accident, your recovery may be reduced by that percentage of your relative fault. This is why you should be cautious on the roads at all times and do all you can to follow the letter of the law.

The Legal Representation You Need after a Motorcycle Accident

Motorcycle accident insurance claims can extend for months and months, particularly if you are not represented by a skilled and experienced phoenix personal injury lawyer. You should always consider obtaining the help of a motorcycle accident attorney to ensure your legal rights are respected and that you gain the compensation you are owed for your damages.

Most motorcycle accident lawyers will work for you on contingency after an accident. This means that they will not expect payment unless you are provided with a settlement or awarded an amount by the courts. Further, you can speak with a qualified attorney without being charged a fee in most circumstances. You should never feel pressured by the insurance company to hurry up and make a statement or resolve matters without an attorney’s help.

Your motorcycle accident case is a serious matter. You need an attorney who takes it as seriously as you do. Your lawyer will work hard to bring your case to the most prompt settlement possible, toward payment of your medical costs, property damages and other expenses of the accident. With the help of a good personal injury lawyer and in the event you had no fault in the accident, a settlement may be achieved within days or weeks of your collision. If the insurance company is non-cooperative and does not settle your claim for the amount you are rightfully owed, your attorney will aggressively pursue damages through a court decision.

Author Bio:

David Michael Cantor is a phoenix-based personal injury attorney with three firms and is also the co-founder of a retargeting startup for lawyers called geobid.

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About the Author

Attorney James A. Abate practices Criminal Defense, DWI Defense, Business Litigation, Real Estate & Personal injury cases in Union County, New Jersey.