I’ve Been in a Motorcycle Accident and the At-Fault Party Does Not Have Insurance. What Are My Options?
Many victims are faced with overwhelming medical bills and lost wages after a motorcycle accident. Instead of immediately filing a lawsuit, an injured victim may file a claim with the responsible driver’s insurance. If the at-fault party doesn’t have insurance, a victim’s options become limited.
If you were injured in a motorcycle accident where the at-fault party didn’t have insurance, you may have to file a lawsuit to receive compensation. If you have uninsured motorist coverage, that may cover your medical costs. If it doesn’t, filing a lawsuit may be the only route to compensation, even if you live in a no-fault state.
Motorcycle accident attorney Jerry Friedman can help you get the compensation you deserve after a collision involving an uninsured party. Jerry can represent your interests and help you recover damages. For a free consultation, call motorcycle accident attorney Jerry Friedman today at 1-800-529-4464.
What Are My Options if an At-Fault Party Doesn’t Have Insurance After a Motorcycle Accident?
After an accident of any kind, the first step to receiving compensation is filing a claim with the at-fault party’s insurance. However, some states have no-fault laws regarding collisions, making it more difficult for victims to receive damages for their injuries. If the negligent driver doesn’t carry liability insurance, that could hurt your ability to receive compensation, entitling you to file a lawsuit. However, within your options, there are certain limitations to be aware of.
Although some states have no-fault laws for auto insurance, personal injury protection (PIP) insurance and other first-party benefits might not extend to collisions involving motorcyclists. Drivers purchase PIP to cover their own medical bills and lost wages after an accident regardless of who is at fault. Because most motorcycle accident injuries are caused by a car rather than another motorcycle, victims can have difficulty receiving compensation through insurance in no-fault states. Without their own first-party benefits to cover their injuries, motorcycle accident victims may need to sue the other driver if they do not have liability insurance to cover their victim’s injuries.
Many motorcyclists decide to purchase uninsured motorist (UM) or underinsured motorist (UIM) coverage through their own insurer in case of an accident caused by an uninsured driver or a collision in a no-fault state. This coverage can help pay for your medical bills if an at-fault party doesn’t have adequate insurance. If you have uninsured motorist coverage, your attorney can help you decide whether or not to file a lawsuit. If your coverage doesn’t fully compensate you for your injuries, an experienced attorney can help you pursue litigation to recover damages from a negligent driver.
In most cases, uninsured motorist coverage kicks in when the cost of your injuries is only partially covered by a responsible driver’s insurance. If a negligent driver is completely uninsured, your UM coverage may not totally compensate you for the cost of your injuries.
Regardless of whether you live in a fault or no-fault state, you may still be able to sue for compensation. For example, in New Jersey, an injured motorcyclist can sue a responsible driver without liability insurance if their injuries are severe enough. According to N.J.S.A. § 39:6A-8, injured motorcyclists can sue an at-fault driver if they sustain permanent or debilitating injuries. So, even in no-fault states, a severely injured motorist can sue a responsible driver for compensation for their medical bills and lost wages.
In cases where a negligent driver cannot compensate you for your injuries because of insufficient finances, you still have options. If the at-fault driver was operating a faulty company car or truck at the time of the accident, you might be able to sue the parent company for compensation. If that isn’t an option, your lawyer can present creative alternatives to allow the responsible party to fully compensate you over time. However, sometimes motorcycle accident victims need compensation quickly. In that case, you may be able to go through your own insurance or UM/UIM coverage to pay for your medical bills and lost wages.
Although you can sue for damages if an at-fault party doesn’t have insurance, you must do so within your state’s statute of limitations. Depending on where you live, you’ll likely have two to three years to sue a negligent driver. If you don’t file a lawsuit within the timeframe designated by your state, you could lose your right to sue for compensation.
What Should I Do After a Motorcycle Accident if the At-Fault Party Doesn’t Have Insurance?
After an accident of any kind, parties involved usually exchange insurance information. If the at-fault party doesn’t have insurance, it can be hard to get their information. Calling the police, collecting information, and hiring an attorney can helpful if you decide to sue a negligent driver who doesn’t have insurance.
Negligent drivers who don’t have insurance probably won’t want the police involved. Because failure to carry appropriate insurance is illegal in many states, alerting the police could result in additional consequences for an at-fault party. However, for victims, it’s important to call law enforcement to the scene of a motorcycle accident. The police can record the responsible driver’s information and collect details about the accident itself. After an accident of any kind, you should call the police. Doing so can help establish a sequence of events that can be helpful to Trenton motorcycle accident attorney Jerry Friedman when building your case.
It will be difficult to sue a negligent driver if they flee the scene. However, uninsured motorists might drive away from an accident site for fear of being penalized. Taking note of their license plate and car model can be helpful. Unfortunately, motorcycle accidents can result in severe injuries. Victims can’t always take photos or collect information after an accident.
In that case, an experienced lawyer, like New Brunswick motorcycle accident attorney Jerry Friedman, will do their best to compile information. Working with law enforcement, your attorney can investigate a motorcycle accident. Checking available camera footage and interviewing witnesses can uncover the identity of an uninsured motorist.
Even if an uninsured motorist is involved in a motorcycle accident, you still need to prove fault. Not having proper coverage doesn’t make you automatically to blame for a collision. If you’ve been injured in a motorcycle accident where the at-fault party didn’t have insurance, you still need the help of a skilled lawyer. During a lawsuit, Cherry Hill motorcycle accident attorney Jerry Friedman can aim to prove that an uninsured driver is to blame for your injuries.
If You Were Injured by an Uninsured At-Fault Driver, Call Motorcycle Accident Attorney Jerry Friedman
Motorcycle accident victims deserve speedy compensation for their injuries, whether an at-fault party is insured or not. For a free consultation with Hoboken motorcycle accident attorney Jerry Friedman, call Jerry today at 1-800-529-4464.