Legal Troubles Concerning Motorcycle Accidents
Motorcycle accidents often end with dire circumstances. Since the driver is not protected as much as they are in a truck or car, the type of injuries can be a lot more serious. The rider not only is less safe, but also has to keep careful watch as other vehicle drivers may not be aware they are present. With so many factors the legal ramifications go beyond just property damage issues.
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.
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.
Having a experienced lawyer to work through the process is important. Many attorneys have little experience regarding motorcycles. If they are not an enthusiast, they may not appreciate the situation as much. Finding an attorney that is experienced in this type of situation is important because they will not have preconceived judgments about riders and the risks taken.
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.
Serving Toronto for over 50 years, the most trusted personal injury lawyers in Toronto are specialists in car accidents, brain injury, and slip and fall cases. Call the best personal injury lawyer Toronto today.
June 16, 2011 | Posted by Adriana Noton
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