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. EXAMPLE: 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.