After a motorcycle accident involving uninsured motorists, most people become confused, wondering how they can receive reimbursement for damages and injuries sustained. Las Vegas Personal Injury Attorney Law Firm has professionals who are focused and determined in providing the best possible outcome for any personal injury case our clients present to us. We are available to help you during these difficult moments.
Motorcycle Accident Involving Uninsured Motorist Overview
Riding a motorcycle should be fun and pleasant as long as you can drive the motorbike cautiously. However, sometimes as much as you try to drive your motorbike cautiously and safely, other drivers sharing the road with you might have no respect for you, which can lead to accidents. Motorcycle accidents involving other automobiles can result in severe injuries and damages, especially to the motorcyclist because he/she lacks protection shield-like other vehicle drivers.
All automobile owners in Las Vegas should have an auto insurance policy to protect themselves and others in terms of damages and medical expenses when an accident happens. However, some ignorant people still drive around without an auto insurance policy, which causes financial hardships to victims with damages and injuries after an accident.
After involvement in a motorcycle accident with an uninsured motorist, you will have to turn to your insurance provider for reimbursement on your medical expenses and damages. The amount of compensation remedy you receive after the event of an accident involving uninsured motorists depends on the type of insurance coverage you have.
When an accident happens involving an uninsured motorist, you should notify your insurance provider as soon as possible. Your insurance providers will send their insurance adjusters at the scene to evaluate the accident liability by determining your contribution to the damages and injuries sustained as a result of the accident. Some insurance providers will defend their policyholders after an accident, even in the court, to make sure you receive adequate compensation for damages and injuries.
Types of Auto Insurance That Will Cover You After Involvement in a Motorcycle Accident with Uninsured Motorist
Because of some automobile drivers’ negligence to acquire an auto insurance policy as required by the law, most motorists purchase additional premium features in their insurance to protect themselves in case of an accident with uninsured drivers. Below are essential insurance coverage policies that will help you after a collision with uninsured motorists:
Uninsured Motorist Coverage (UM)
To protect your interests after involvement in an accident with uninsured motorists, it’s always wise to purchase uninsured motorist coverage, also known as UM coverage. Auto insurance providers should have an uninsured motorist coverage feature in their auto insurance policy, which is optional. Having uninsured motorist coverage will put you in an advantageous position when it comes to seeking compensation for damages incurred as a result of an accident involving an uninsured motorist.
The uninsured motorist coverage offers reimbursement for reasonable medical expenses, and other vehicle repair needs to clients with the policy depending on the type of uninsured motorist coverage policy purchased. There are two types of uninsured motorist coverage policy you can buy in Las Vegas, that is:
Uninsured Motorist Property Damage Coverage
The type of uninsured motorist coverage you choose to purchase is entirely your choice as the motorist. All auto insurance providers in Las Vegas should always provide their policyholders with a choice when it comes to choosing an uninsured motorist coverage type. Uninsured motorist property damage coverage is a policy that pays the costs and expenses for repairing an automobile after an uninsured motorist’s accident.
Purchasing an uninsured motorist property damage coverage is always an effective way to ensure that all property damages resulting from an accident are covered as long as you are not responsible for the accident. Uninsured motorist property damage coverage does not cover accident damages resulting from an accident in which you’re at fault. You will need a personal injury attorney if you think the other driver is at-fault for the accident to collect enough evidence to prove to your insurer that you’re not responsible for the accident.
Uninsured Motorist Bodily Injury Coverage
Uninsured motorist bodily injury coverage policy offers protection to people involved in an accident, including you, by covering the damages resulting from an accident. The uninsured motorist bodily injury coverage will cover accident damages such as lost wages, reasonable medical expenses, lost earning capacity, pain, and suffering. Suppose the motorcyclist has paid for this premium policy in the auto insurance. In that case, he/she can have peace of mind after an accident, knowing that his or her uninsured motorist bodily injury coverage will offer reimbursement for all reasonable expenses resulting from the accident.
Underinsured Motorist Coverage (UIM)
Most of the time, underinsured motorist coverage is purchased alongside uninsured motorist coverage because they are in the same policy. If you’re buying an uninsured motorist coverage in Las Vegas, you’ll automatically get coverage for underinsured motorists’ damages. UIM coverage offers protection to policyholders if they are in accidents involving underinsured drivers. Suppose the at-fault party insurance coverage is not enough to cater for all your damages and other expenses. In that case, your UIM coverage will be there to pay the additional costs you incur after the accident.
Med Pay Coverage
Med pay is another optional type of auto insurance policy that will cover for necessary and reasonable medical expenses and funeral bills you incur after an accident, depending on the policy limit. Although having this policy is optional, as a motorcyclist it’s always wise to have this type of insurance coverage because of a frequent motorcycle accident that happens in Las Vegas every day. The minimum Med Pay insurance coverage is $1,000, although some motor vehicle insurance providers offer higher limits up to a maximum of $10,000.
Med Pay Coverage offers protection to the insured motorist, his/her family, and other passengers in the vehicle the insured motorist is driving. Med pay insurance will cover medical costs that you or your family member incur after an accident, regardless of whether you were at fault for the motorcycle accident. Below are examples of medical expenses the med pay insurance will cover for policyholders:
- Occupational and physical therapy
- MRIs and X-rays
- Short term and long-term health care
- Chiropractor bills
- Doctor bills
- EMT and Ambulance Costs
- Funeral expenses
- Dental care costs in case of broken teeth
The med pay insurance will not cover the excess costs in your policy limit, property damage, automobile repair bills, and other expenses for pre-existing health conditions unless to the extent that these conditions are made worse due to the impact of the accident.
Making a Compensation Claim from Insurers After Involvement in a Motorcycle Accident with Uninsured Motorist
Just like most insurance policies, you must notify your insurance provider about any accident you experience immediately. You should also consider informing the police about the accident immediately so that they can come and make their report about the accident. The police reports, photographs, and eyewitness statements will be very crucial in helping your insurer determine the accident liability.
Your insurance providers will send their insurance adjusters at the accident scene to determine the accident liability. The insurance adjusters will try to collect pieces of evidence that they can use against you in terms of accident liability. Therefore, it’s essential to maintain your post-medical journal, which shows all the medical expenses paid after the motorcycle accident to demonstrate to the insurer the extent of the damages incurred as a result of the accident.
Some insurers might not cooperate in paying you reimbursement for damages you incur after a motorcycle accident; however, their answer towards your request is not the final word. According to Las Vegas law, all Insurance providers should act in good faith towards policyholders' claims and also observe reasonable standards to ensure fair dealings in every claim.
It’s upon your insurer to follow up with the at-fault party insurance providers for reimbursement on the money spent during your treatment or motorbike repair. Suppose there is no reasonable basis for the insurer to deny you compensation for accident damages. In that case, you should consider filing a lawsuit against them because they are not acting “good faith” as required by law. You’ll need a personal injury attorney’s services if you’ve to file a lawsuit against an insurance provider.
Every personal injury lawsuit involves proving negligence, whether you’re filing a lawsuit against your insurer or the at-fault party insurers. Your insurance provider is obligated to defend you in the court of law for any compensation claim.
Prosecution Elements in a Motorcycle Accident Lawsuit Involving Uninsured Motorist
After suffering costly damages in a motorcycle accident, which is not your fault, it’s only right that you receive the compensation you deserve for the costs you’ve to spend on damages resulting from an accident. Your insurance provider can seek reimbursement from the at-fault party or their insurers by proving to the jury that the defendant was negligent during the occurrence of the motorcycle accident, which leads to your damages and injuries.
With your injury attorney’s help, all this process can be made a little bit simpler, and possibly you might get the best outcome after the trial. Below are elements of negligence that you need to prove to the court so that you can receive the compensation you deserve from the at-fault party:
Duty of Care
A duty of care emerges when the law identifies the relationship between the plaintiff and the defendant, requiring the defendant to exercise reasonable care towards the claimant. Every automobile driver should act reasonably and carefully while on the road to prevent foreseeable accidents with other automobiles and pedestrians.
The judge will recognize the existence of a duty of care when you got injured if a reasonable person wouldn’t have acted the same way in a similar situation. The defendant should not be held guilty for the accident if there is no existence of a duty of care. The availability of duty of care distinguishes common accidents from an act of negligence, leading to accidents.
Every motorist should observe the duty of care by paying attention to traffic laws, other vehicles, and pedestrians. It’s upon you and your injury attorney to prove to the jury that the defendant owed you a duty of care during the occurrence of the accident to hold the defendant guilty of the motorcycle accident that leads to your damages.
Duty of Care Breach
In court, it’s never enough to prove there was the existence of a duty of care in a negligence case. Your lawyer must go ahead to demonstrate to the jury how the defendant failed to observe his/her obligation of duty of care during the occurrence of the accident. The defendant breaches his/her duty of care if he/she fails to exercise reasonable or standard care towards the plaintiff. The defendant breach of duty happens due to the following possible reasons:
- Distracted driving, for example, texting while driving
- Driving under the influence of alcohol and drugs
- Failure to obey traffic laws
- Disobeying traffic police instructions
Breaching a duty of care is a question based on facts. Therefore, your injury attorney must prove to the jury beyond a reasonable doubt that the defendant breached his/her duty of care by acting in a particular manner that any reasonable person wouldn’t have done in a similar situation/circumstance.
Causation is another vital element of negligence that the plaintiff must prove to the jury when demonstrating the defendant’s negligence during the event of the accident. Apart from showing the judge that the defendant acted negligently at the occurrence of the accident, you must also demonstrate how his/her negligence leads to the damages and injuries you sustained. The injuries and damages you incurred after the accident should be related to the defendant's negligent actions, such as over speeding.
Another aspect of negligence in determining the accident causation examines if the defendant could have foreseen that his/her actions will lead to an accident or injuries. In this element of negligence, the defendant will not be guilty if he/she couldn’t have foreseen the accident due to unexpected and random acts of nature.
The defendant, in any case of negligence, is guilty of accidents he/she could have foreseen. If you incur injuries and damages outside the possibility of risks that the defendant could have expected, he/she should not be guilty since you cannot prove that his/her actions of negligence lead to your damages.
The defendant’s failure to observe his/her reasonable duty of care should be related to the actual damages that a plaintiff suffers after an accident. Your injury attorney should demonstrate to the judge a legally known harm that the plaintiff suffered as a result of the accident, usually in the form of bodily injury or property damage. The damages a plaintiff will receive if the court finds the defendant guilty of negligence depends on the type of injuries and the number of losses the plaintiff suffered as a result of the accident. Below are examples of damages the plaintiff can collect in a negligence personal injury case:
Lost Wages and Lost Earning Capacity
Proving that there were lost wages in a personal injury lawsuit is not overwhelming. Every motorcycle accident tends to be severe in terms of injuries; hence you might not be able to work immediately after an accident, which means you might lose your wages for failure to report to work. Lost wages are the amount of money the plaintiff loses during the treatment and recovery period after an accident. On the other hand, lost earning capacity is the amount of money the plaintiff would have earned in the future if it weren’t because of the defendant's negligence in the occurrence of the accident.
With a well skilled and experienced attorney, you can be able to prove to the jury the certainty needed for you to recover your lost earning capacity. Benefits for lost earning capacity as a result of the motorcycle accident will be given to the plaintiff only if the injuries sustained prevents you from working for a certain extended period. Testimonials from your employer, economist, or doctor are proper pieces of evidence to show the judge you’ve lost some wages or earning capacity.
In Las Vegas, a person whose negligent actions causes an accident or injury to someone, he/she should be liable for all the medical expenses that the victim incurs in treatment. It’s essential to keep a record of all the medical costs you incur after a motorcycle accident not only to prove to your insurer that you deserve compensation but also to prove to the jury that you suffered damages in case of a lawsuit. Below are examples of pieces of evidence that can prove that you incurred medical damages due to the defendant’s negligence:
- Testimonials from doctors and other medical experts
- Medical records such as X-ray and MRIs
- Testimonials from therapists and friends
- Photographs and videos of therapy sessions
Pain and Suffering
Las Vegas law allows victims of a personal injury to file a lawsuit for pain and suffering experienced due to wrongful or negligent acts of other people. The plaintiff involved in a motorcycle accident can recover non-economic damages for pain and suffering after an accident. The plaintiff does not necessarily need to have bodily injuries to recover damages for pain suffering; however, having physical injuries makes the recovery of the damages possible and easier. Compensation for non-economic damages is not possible in any specific monetary terms, for example:
- Pain and suffering
- Loss of enjoyment in life
- Physical impairment
Suppose a person dies in an accident because of the negligent actions of other people. In that case, the deceased family members entitled to property ownership, such as the spouse or children, can file a lawsuit for their loved one’s wrongful death. The negligent driver who leads to the accident should also be liable for all the funeral expenses. Hiring a personal injury attorney before you begin seeking remedy for wrongful death is always a good idea due to the complexity of the law surrounding a personal injury lawsuit.
Common Defenses for Negligence in a Personal Injury Lawsuit Involving Uninsured Motorist
The defendants in a personal injury lawsuit might not be willing to leave the court at the expense of the trial; therefore, they will try to bring the following legal defenses to negligence in a personal injury claim:
Contributory negligence is a common defense to negligence compensation claims. In contributory negligence, the defendant will argue that the plaintiff failed to observe his/her obligation for duty of care, which cooperates with his/her negligence for causing the accident. In such a situation, the plaintiff could have avoided the injuries sustained as a result of the motorcycle accident if he/she was negligent.
When victims of the accident partially share the accident liability, a comparative negligence doctrine comes into play to determine the degree of each party's fault towards the accident’s occurrence. This means of defense is common but also helpful. Suppose it’s evident that the accident fault was partially shared, through the comparative negligence doctrine. In that case, the plaintiff might receive less compensation for the injuries and damages depending on his/her degree of carelessness that lead to the accident.
Suppose the plaintiff assumed the risk involved in the negligent actions of the defendant leading to the accident. In that case, he/she might not be able to get the reimbursement for the injuries and damages resulting from the motorcycle accident. This doctrine of defense in a personal injury lawsuit is applicable only if the plaintiff was aware of the risk involved and continued to engage in the dangerous activity/actions anyway. This means of defense will also not apply to any additional and unknown dangers that the plaintiff could not have foreseen, such as where there is a defective part in an automobile.
Find a Las Vegas Personal Injury Lawyer Near Me
After a motorcycle accident involving an uninsured motorist, dealing with insurance companies is not an easy thing to do without a personal injury attorney to review and compel the case elements necessary for ultimate justice. Las Vegas Personal Injury Attorney Law Firm is always ready to help victims of a personal injury case achieve the best possible outcome in a negligence claim. Get in touch with us at 702-996-1224.