Handling insurance claims after a motorcycle accident may be a challenging undertaking in the best of circumstances. When the at-fault motorist is not insured, the matter may become even more complicated.
An accident may leave you having to worry about medical expenses and missing time at work on top of your injury. Adding the complexity of a settlement negotiation is not something you should have to take on alone.
The team at Sevenish Law Firm, P.C. may be able to take your uninsured motorcycle accident case off your hands. We focus on personal injury cases, meaning all our knowledge comes from cases such as these. As “the lawyer who rides,” Randy Sevenish knows firsthand the nuances of motorcycle riding and laws that can potentially help build your case.
Call Sevenish Law Firm, P.C. at (317) 636-7777 for a free consultation.
Financial Responsibility for Motorcyclists in Fishers
Motorcyclists in Indiana have the same obligation as any motorist to potentially show financial responsibility in an accident. Before a motorcycle can be registered or titled, the owner needs to show proof of insurance or financial responsibility.
The Indiana Bureau of Motor Vehicles has minimum liability rates for motorists, including:
- Property damage: $25,000.
- Bodily injury with one individual: $25,000.
- Bodily injury with two or more people: $50,000.
Failure to demonstrate this insurance coverage will lead to the motorcyclist’s license being suspended for 90 days. For secondary instances of no insurance, the motorcyclist can lose their license for a year.
For a free legal consultation with a uninsured motorcycle accidents lawyer serving Fishers, call 317-743-7971
How a Lack of Insurance Affects Your Accident Claim
Uninsured drivers in an accident affect an insurance claim in different ways depending on who is at fault for the accident.
Not at Fault
Even if you are not at fault, your lack of insurance will affect your claim in Indiana. Indiana has what is known as a “No Pay-No Play” statute. This law targets individuals who have a history of driving without insurance.
This means that if you had a previous violation for driving without insurance, you may not be able to recover damages, even in an accident that was not your fault.
At Fault or Partially at Fault
If you run into a car that is legally stopped at a red light, you may be considered 100% at fault. This means you may have to pay all the damages suffered by you and the other driver. Even if the other driver was found to be 25% at fault, you would still be responsible for 75% of the damages. In fact, if you are found to be more than 51% at fault, the other motorist’s insurance company would not have to cover any of your damages.
In these situations, the other driver will likely attempt to collect damages from your insurance provider. If you are uninsured, you may find yourself in court, where the other driver may try to recover damages in a personal injury lawsuit against you.
Fishers Uninsured Motorcycle Accident Lawyer Near Me 317-743-7971
Motorists Who Experience an Accident With an Uninsured Motorcyclist
If, for example, you are an insured car driver who is sitting at a stop sign and an uninsured motorcycle runs into you, you may have two options:
- You can file a claim against your uninsured/underinsured motorist coverage, if you have this coverage.
- You may file a personal injury lawsuit against the motorcyclist. A judge or jury can determine an award, based on the facts of the case, which may be recovered from the motorcyclist’s personal finances.
Uninsured and Underinsured Motorist’s Coverage
The state of Indiana Department of Insurance requires that all newly written auto liability policies must include uninsured and underinsured motorist’s coverage. The only exception is if the policyholder rejects this coverage in writing.
The minimum liability limits for this coverage are as follows:
- $25,000/$50,000: Bodily injury, uninsured motorists.
- $50,000: Bodily injury, underinsured motorists.
- $25,000: Property damage.
If an Indiana motorist is covered by the above policies, and they sustain injuries in an accident with an uninsured motorcyclist, the covered motorist may be able to seek damages from their own insurance policy.
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Proving Liability With a Fishers Uninsured Motorcycle Accident Lawyer
As you may have surmised from the above, proving fault is essential to coming out with as little economic damage as possible if you are involved in a motorcycle accident.
A Fishers uninsured motorcycle accident lawyer from Sevenish Law Firm, P.C. may be able to help you. We may gather evidence from the scene of the accident, such as photos and videos, witness accounts, and expert testimony; to establish that someone else’s negligence possibly led to your accident and your injuries.
Call our firm at (317) 636-7777 for a free case review.
Recoverable Damages in a Motorcycle Accident
Every motorcycle accident is different, with unique circumstances and varying outcomes in terms of injuries and damages. For this reason, it would be impossible to fully speculate what damages you may be entitled to in your claim.
However, the following types of damages are sometimes recovered in motorcycle accidents:
- Medical expenses
- Lost income and benefits
- Diminished earning potential
- Pain and suffering
This list represents only a small sample of the possible damages you may be able to recover in a motorcycle accident case.
Statute of Limitations for Taking Action
The state of Indiana imposes a restriction on the amount of time you have to take legal action after a motorcycle accident. The standard statute of limitations for personal injury victims in Indiana is two years, which means you may only have two years from the date of your accident to file a complaint in court.
You may want to give a lawyer time to gather evidence, build a case, and attempt to negotiate with the insurance company, so possibly consider hiring a Fishers uninsured motorcycle accident lawyer sooner rather than later.
Call Us Today for a Free Consultation
Sevenish Law Firm, P.C. handles its cases on a contingency-fee basis, which means you would pay us nothing unless we win you a settlement or award you may be entitled to.
Call Sevenish Law Firm, P.C. today at (317) 636-7777 for a free case review.