You can sue your friend for crashing your motorcycle, though you may have more success securing compensation through an insurance claim. You may also have a claim or lawsuit against the driver who caused your friend’s accident. An attorney with our firm can advise you of your best options for seeking financial recovery.
What Are Indiana’s Insurance Laws?
Indiana requires that all motorists have liability insurance to pay for accidents they cause. According to the Indiana Department of Insurance (IDOI), every driver must have a minimum of $25,000 per person or $50,000 per accident in bodily injury liability and $25,000 in property damage liability. Policies must also include protection against underinsured and uninsured motorists.
Additionally, drivers can carry optional medical payments, collision coverage, and comprehensive coverage. If you are still paying off a loan on your motorcycle, your lender usually requires that you have these policies.
If you only carry the minimum liability protection, you may not be able to file a claim for motorcycle damages with your provider. Your only financial recourse may be to file an insurance claim or lawsuit against your friend or the driver who caused their crash. However, if you have collision or comprehensive coverage, your insurance may pay for damages.
Make Sure You Understand Your Insurance Policy
In general, automobile insurance policies follow the vehicle, not the driver. Your policy usually covers you, your spouse, other licensed drivers living in your household, and “permissive users.” Permissive users are individuals not typically covered by your policy but whom you have granted permission to use your vehicle.
However, insurance policies vary from company to company, state to state, and individual to individual. Some policies include limited or no protection for permissive users. Therefore, it is essential you understand just who and what your specific policy protects.
Your Policy May Not Cover Motorcycle Accidents Involving an Unlicensed Rider
One thing most insurance policies have in common is that they do not provide coverage for unlicensed drivers. This can be especially sticky in a motorcycle accident case because motorcycle riders must have a motorcycle endorsement on their driver’s license. If your friend does not have this endorsement, your insurance company (and theirs) may deny your claims.
According to Ride Safe Indiana, Indiana residents at least 16 years and 90 days of age with a valid state driver’s license can receive a motorcycle endorsement after completing a Ride Safe Indiana Safety course. Licensed drivers aged 16 and 270 days or older can obtain an endorsement by completing a written exam with the Bureau of Motor Vehicles (BMV) and passing a Ride Safe Indiana skills exam.
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What Are Your Options for Seeking Compensation?
As mentioned, if your friend crashed your motorcycle, you may qualify for compensation through your own insurance provider. If that does not satisfy your losses, we can help you seek financial recovery with a claim or lawsuit against another party.
You Can Pursue a Settlement From the Driver Who Caused Your Friend’s Accident
If another driver caused your friend’s crash, they may be liable for your vehicle damages, as well as damages related to your friend’s injuries. You can seek compensation for your motorcycle repairs or replacement with a property damage liability claim.
To secure a settlement, you will need to prove their negligent or reckless actions caused your friend’s accident. Negligent driving includes:
- Illegal passing
- Attempting to lane share with a motorcycle
- Tailgating
- Speeding
- Making an improper turn
- Driving drunk
- Driving distracted
- Running a stoplight or stop sign
- Failure to yield
You Can File a Claim With Your Friend’s Insurer
If your friend’s actions caused their crash, they are the negligent party. You can pursue a claim for damages with their insurance provider if they bear responsibility for the accident or your damages exceed what your insurance will pay.
You May Need To File a Lawsuit To Recover Your Losses
If you cannot achieve a settlement through the at-fault driver’s insurance or your friend’s provider, you may have no other choice than to seek damages with a personal injury lawsuit. You can sue your friend for crashing your motorcycle and/or sue the other party involved in the collision.
As with an insurance claim, you can only seek compensation from a negligent party, and you must prove fault. According to Indiana’s contributory fault laws, IC § 34-51-2-6 and IC § 34-51-2-7, you can only receive awards if the court finds your degree of fault is less than that of the other party.
This means if the court assigns you or your friend 51 percent of more responsibility for the crash, the other driver will not have to compensate you. Additionally, any degree of fault under 51 percent will reduce your awards by that percentage. If you must pursue a lawsuit to recover your property damages, you have two years to file your case, according to IC § 34-11-2-4.
How Our Legal Team Can Help
Claims and lawsuits involving your vehicle and a permissive driver can be complicated. Our attorneys can help you determine your best course of action for receiving awards for your motorcycle damages. We can:
- Help you review and understand your insurance coverage
- File claims and lawsuits against all relevant parties
- Gather evidence proving fault, including witness statements, expert testimony, police reports, photographs, and video
- Communicate with insurance agents on your behalf
- Aggressively negotiate to achieve a fair settlement
- Represent you in court if necessary
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Call Sevenish Law Firm, P.C. for Help With Your Indiana Motorcycle Accident
Sevenish Law Firm, P.C. is dedicated to helping personal injury victims. Unlike other firms, it is all we do. We do not believe you should suffer financial hardship because of another person’s negligence. We will fight to get you the compensation you need and deserve.
To learn more about how we can take your case at no upfront cost to you, call our offices at (317) 636-7777. A member of our team is available 24/7 to answer your questions and get you started with a free consultation.
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