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 bike owner is often hit twice. First, the crash itself is likely to cause serious injuries and devastating property damage. The second hit revolves around trying to file a claim with the insurance company. The fact that the payouts may be ongoing and much higher means any company is going to spend more time investigating the circumstances of the crash, thus delaying any payouts.
Many claims go unpaid or are settled for less. The industry often takes a bigger hit on the claims for injury in this type of crash. Because of this, they often make it much more difficult to receive the claim payment. Often, people simply give up and settle for much less than they should expect to receive. This can leave someone who is permanently injured struggling to pay bills that built up during an extended hospital stay.
States have special laws regarding motorcycles and accidents they are involved in. The bike is a very different type of transportation. Every state has some law regarding helmets or other safety equipment. In some states, they are required, while in others there is no requirement. These varying laws also cause havoc for insurance carriers. Working through these laws and their effects is not easy.
The extent of the accident plays heavily on the process. Often these types of crashes cause permanent injury or death. Since this can eliminate part of the family income, the insurance company may find themselves in a situation where they will be forced to provide a lifetime of compensation. This is part of the reason they are reluctant to process the claims and look for ways to reduce the payout through a lower settlement number.
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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