Motorcycle accidents usually have dire consequences. Because the driver is not as well protected as they would be in a car or truck, the injuries can be much more serious. The driver also has to keep watch for other vehicles that are not paying attention to their surroundings. Since there are so many factors involved, there are many other legal ramifications when an accident happens that go beyond the simple property damage issue.
The owner of the bike hit twice when there is a crash. The first time is the actual crash. The property damage and injuries are devastating in most cases. The second hit is from reduced claim payments due to a reluctant insurance industry. The companies factor in as many things as possible to avoid full payments. Using all of the circumstances of the crash, they will try to find violations that allow them to reduce their liability.
Claims often are left unpaid or settled for much less. The insurance company has a lot more liability for these types of crashes. This causes them to take longer to assess the situation to look for ways to reduce the payment or deny it altogether. Unfortunately, this leaves the injured party struggling to pay bills when his or her income has been impacted by a lengthy hospital stay.
Laws vary from state to state when it comes to motorcycles. Since claims can be voided if the rider is violating the law, it is important to know the local laws for riding a bike. These laws are for protection, but may give the insurance company a way to void a claim by stating that the rider was at fault.
How extensive the accident is has a direct effect on the process. Since these crashes can cause permanent injury or even death, the insurance company is more likely to take more time to evaluate the entire situation. The payout is expected to be much higher than in a regular car, so they are going to spend more time looking for a way out.
The property is often completely destroyed. Since the bikes are not designed with roll over or impact resistant frames, the damage is often complete. This ends up being the easiest part of the claim because the insurance company can easily calculate this total. In some cases, they may want to use this process to speed a medical claim as well. This often leaves the injured person with less payout than they realize because all of the claims are bundled.
The right attorney can help maneuver through the claims process. Finding the right one may not be so easy. It is important to be sure the lawyer is sympathetic to the plight of an injured rider. Many who are not familiar with the joy and excitement of owning a motorbike may be inclined to blame the rider and be willing to accept a lower settlement.
Motorcycle accidents are devastating, but the claims process should not be. The legal ramifications of not wearing a helmet when required can severely reduce claims. The legal system sees these as different types of vehicles and often has a separate set of laws to deal with them.
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