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Thursday, June 16, 2011

Legal Complications Pertaining To Motorcycle Accidents

By Adriana Noton


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.

Essentially the owner is hit twice in any crash. The first hit, of course, is the crash itself. The injuries and property damage can be devastating. The second hit comes from reduced claim payments by the insurance industry. There are many factors that are included in the insurance that may exclude certain claims depending on the circumstances.

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.

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.

Property damage is often total. The motorbike itself may cost as much as a car. When involved in a serious crash it is often totaled. This adds to the cost of the insurance payout. Though reluctant to process a medical claim, this part may be the easiest part to get a settlement on. The insurance company can easily calculate the value of the bike and make the payment. Doing this may also distract the rider from pursuing extensive medical claims.

Finding an experienced attorney involves some homework. Not every attorney is versed in the world of motorbikes. If they are not at least an enthusiast, they are less likely to be appreciative of the entire situation. When looking for a lawyer it is important to find out what involvement they have had with this world besides processing previous claims.

Motorcycle accidents can be devastating. Since the possibility is that the injuries will be much more serious, it is important to have an attorney that can walk through the claims process and make sure that the injured person is taken care of properly. The legal ramifications for this can be difficult to process without the right type of representation.




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