Injured in a motorcycle accident, you may need to speak with a motorcycle accident attorney at Aleksander Law Office, PLLC.
Personal injuries that result from a motorcycle accident tend to be very serious and severe, resulting in broken bones, paralysis, and head injuries. When this happens your injuries may prevent you from working or enjoying your normal life activities either temporarily or permanently.
Questions of liability must be resolved quickly and evidence preserved. It is important that statements of witnesses and photos of the scene are obtained right away if possible.
The insurance companies are there to “not pay you” the money that “you deserve.” To that end, they will use every tactic and devise possible to minimize the amount of money you should get. While they will deny this, they are actively planning their defense strategy from the outset. They use formulas to rate your injury, and they don’t want to pay more than they have to. Never settle with the insurance company alone, unless they hand you over the limits (unlikely). Even then are you sure they are telling you the truth about the limits?
Motorcycle injuries in Kentucky are unique, in that motorcycles are a “motor vehicle” as defined under MVRA, but coverage is not automatic. For motorcycles, PIP is optional. “PIP” stands for Personal Injury Protection. It is a “no-fault” coverage that all Kentuckians have when they get in a wreck. The PIP pays for at least the first $10,000.00 in medical bills and provides reimbursement for wages. But on a motorcycle, you may or may not have PIP. If you have purchased optional PIP coverage for your motorcycle then you are in luck and are smart! Note, that the exclusion also applies to passengers riding on a motorcycle. The injured passenger is not entitled to PIP either.
” … No operator or passenger on a motorcycle is entitled to basic reparation benefits from any source for injuries arising out of the maintenance or use of such a motorcycle unless such reparation benefits have been purchased as optional coverage for the motorcycle or by the individual so injured.”
Damages from the Liable Party: If you were in an accident on your motorcycle and injured through the negligence or recklessness of another driver, you are entitled to compensation from that driver. You can sue that driver in Court for damages incurred and for pain and suffering. Before filing a lawsuit in court you can demand that the driver’s insurance company settle with you. The minimum liability limits in Kentucky are $25,000.00. If you were involved in a serious motorcycle accident, this may hardly be enough to cover the cost of your extensive medical bills. Because motorcycle injuries tend to be significantly more severe than other injuries, it would be smart to purchase UIM/UM coverage. If you are a motorcycle owner it is important to have uninsured/underinsured coverage that will save you if the other driver’s limits are too low, or if they are uninsured.
Uninsured/Underinsured Coverage for Motorcycles in Kentucky:
Every insurer providing coverage in Kentucky must offer uninsured/underinsured coverage for motorcycles. Therefore, you should always purchase this optional coverage. It is mandatory for insurance companies to offer it to you, but is optional for you to purchase. Make sure that you have this coverage whenever you take your motorcycle on the road. If you have been injured on a motorcycle by an uninsured or underinsured driver, contact Aleksander Law Office, PLLC to discuss your claim.
ASSUMING THAT THE LIABLE PARTY HAS INSURANCE AND YOU HAVE ADEQUATE COVERAGE DO YOU STILL NEED AN ATTORNEY?
Absolutely you do. You have to fight for what you get, and you will probably not get what’s fair without a lawyer. If you don’t have a lawyer, you may end up settling for the bare minimum dollar value of your claim, or you may believe that whatever is offered is the maximum you can get. The insurance companies want you to sign a release with them by offering you as little money as possible. You know you deserve more than just a “nuisance value” or the “go away value.” While you heal the insurance companies will be aggressively working against you. This is true as it concerns both the liability carrier and your own insurance company. Don’t think that your own insurance company to whom you have been paying premiums for years as a loyal customer will not low-ball you. They will and you need a lawyer. Insurance companies, and the defense attorneys that they hire, may resort to tactics such as following you around town and taking pictures of you, intruding on your privacy. Do you really want to reward this kind of behavior or do you want to allow them to intimidate you? No! You need an attorney to aggressively work for you.
INVESTIGATION OF ACCIDENT:
- How did this accident happen?
- What were the conditions on the road?
- Photos of the scene
- Witnesses may end up being critical to your case. Witness statements should be obtained as soon as possible because people’s memories fade and witnesses move away.
- Document your pain and suffering daily in a diary or in a video for later use at trial.
WHAT HAPPENS WHEN YOU HIRE ME AS YOUR LAWYER
Right away after a motorcycle accident you will see medical bills pilling up and receive harassing calls from collection agencies. I will try to prevent them from collecting from you while your case is pending. When a client comes into my office and I am retained, this is what happens:
- I make sure your claim is appropriately set up so that you are receiving all the benefits under every policy possible.
- Medical providers and collection agencies are notified that your claim is pending and that they should stop harassing you.
- I request your medical records and bills form your medical providers.
- When you have completed your treatment, I send a demand letter to the insurance company asking them to settle your case.
- I ask them to settle for the amount that your claim is worth. If they don’t settle by giving me some incredible excuse, you have rights. You can 1) sue them if you haven’t already, 2) They have a legal obligation to promptly settle claims under the Unfair Claims Settlements Practice Act or “UCSPA.” If it gets to that point and there is sufficient evidence of bad faith, I advise them that my clients may have the right to file a bad faith claim.
- If unable to settle out of court or at mediation within a short time of sending my demand, then a lawsuit is filed in Court.
If you don’t win, I don’t win.
I am an extremely aggressive attorney. Having dealt with insurance companies before, I know the game they like to play and whatever their game may be I like to win it for you and fast.
Thousands of motorcyclists in the U.S. get injured and die every year from motorcycle accidents. Deaths are common because of the nature of the vehicle being completely open. The driver is less protected on a motorcycle and therefore more susceptible to serious and life threatening injuries.
If you or a loved one has suffered an injury or death in a motorcycle accident, due to the negligence of another driver you may be eligible to file a legal claim for compensation. Call me right away to discuss your case with me. The call is free, and there is no obligation to retain me after your case is evaluated.
WHAT FACTORS CONTRIBUTE TO MOTORCYCLE ACCIDENTS:
- Low visibility due to fog or other conditions
- Blind spots, speeding
- Bad weather conditions
- Bad roads, spillage on roads, flying debris
- Alcohol or drugs
- Frequently motorcycle accidents occur because of the negligence, or recklessness of another driver..
It is important to take immediate steps to ensure that your legal rights are fully protected. Beware of the statute of limitations. Contact Anna Aleksander at Aleksander Law Office, PLLC and experience lawyer to learn more about your rights. Seek medical attention promptly. Make sure a police report is made, and that you can locate eye witnesses.
WHAT COMPENSATION CAN I RECEIVE?
If your motorcycle accident resulted from the negligence of another driver you may be able to receive compensation for the following:
- Your Medical bills
- Property damage to your motorcycle and personal items you were carrying with you or on your body
- Lost income, loss of earning capacity
- Pain and suffering (past, present and future)
- Loss of consortium if this happened to your loved one
- If this was a wrongful death then please refer to the wrongful death section of my website or call me with questions.
STATUTE OF LIMITATIONS: ACT QUICKLY
It is important to keep in mind that all personal injury claims have a strict statute of limitations. Statute of Limitations limit the time you have to file a lawsuit. Call the Aleksander Law Office, PLLC, ANNA ALEKSANDER a Personal Injury Lawyer in Louisville to discuss the details of your motorcycle accident. 502-589-0816, or fill out the Aleksander Law Office contact form.