Understanding who is liable for a motorcycle accident is important. Knowing who is at fault is critical. Do not simply take the insurance companies assessment of your claim without consulting with an attorney. In certain cases even when the other party accepts liability for your injuries, their insurance policy may be insufficient to cover your injuries. If this happens you need to file a underinsured motorist claim for your damages
and seek coverage.
What is a Underinsured Motorist Claim?
Explaining underinsured claims is best done in an example format.
You are involved in a motorcycle accident. The person who hit you only has a $15,000 policy. Your medical bills are in excess of the $15,000 amount. As a result you file with your own insurance coverage to essentially cover the difference. For underinsured to apply you must have a policy in excess of the at fault driver.
As you can see calculating your underinsured exposure and coverage can be tricky and requires the assistance of an attorney. If you have been injured it is possible to access your underinsured policy in order to cover the expenses for your injuries.
Accessing My Underinsured Policy
Getting your own insurance coverage to “kick in” a certain amount for coverage is not always a simple task. To do so requires a number of different factors or prerequisites to take place. Here is a simple list of just some of the prerequisites which need to take place:
- At fault drivers insurance pays what is known as the policy limits. Policy limits are essentially the policy limit or the entire policy amount available. Generally your own insurance will require a declaration from the other drivers insurance indicating this amount has been paid.
- Demonstrate that you have accepted the policy limit settlement and in certain situations you need to show that the at fault driver carried no excess insurance coverage. This includes showing that no umbrella insurance, or other type of insurance was present.
Getting the necessary paperwork filed is important and should be done in a timely manner. If it is not done so then it can jeopardize the value of your claim and your own insurance company can deny the claim.
What Should I Do: Filing a Motorcycle Accident Lawsuit
Our offices offer free consultations to all of our clients. This one time hassle free no obligation consultation will help you better understand your case and help you feel at ease. We can explain your rights and help put forward the best strategy possible. If you have been injured and need help, contact our motorcycle accident injury attorneys
. Our offices are available 24/7 to help answer your questions.
Downtown LA Law Group is a Nationwide California based Los Angeles Personal Injury Law Firm dedicated to protecting the rights of individuals who have suffered from serious injuries in motor vehicle accidents including motorcycle accidents.