Most people are usually confused and worry if they might be compensated for losses and injuries suffered during a motorcycle crash involving uninsured drivers. While the laws governing uninsured motorists might be challenging to navigate, you are eligible to seek compensation as an accident victim. We at Las Vegas Car Accident Attorney Law Firm have experts that are dedicated to achieving the best possible result for any car accident case presented to us by our clients. We are here to support you throughout these trying times.
Overview of Motorcycle Accidents Involving Uninsured Drivers
Riding motorcycles should be enjoyable and fun provided you drive safely. However, despite your best efforts to ride your motorcycle carefully, other drivers may not have any regard for you or other motorists on the roads, which could result in collisions. Due to the absence of a protective shield that other operators and occupants of vehicles have, motorcyclists involved in collisions with other cars can sustain significant injuries and property damage.
To safeguard themselves as well as others from losses and medical costs in the event of a crash, all car operators in Las Vegas need to obtain auto insurance. However, some uninformed people continue to operate their automobiles without auto coverage, which places a financial burden on accident victims who sustain losses and injuries.
You must contact your insurance company to get compensation for your healthcare costs and property damages after a motorbike collision involving an uninsured driver. Your insurance policy type will determine how much compensation you are entitled to in the case of an accident that involves an uninsured driver.
When you are involved in an accident with an uninsured driver, you must tell your insurance company as quickly as possible. Most insurance companies will dispatch their insurance agent to the scene of the accident to assess the accident's culpability by calculating the proportion of the losses and injuries you suffered. After such an accident, certain insurance companies may represent their customers in court, if necessary, to ensure they are fairly compensated for their losses and injuries.
Types of Auto Insurance that will Protect You If You are Involved in a Motorcycle Accident with an Uninsured Driver
Since some motorists fail to obtain the proper auto insurance coverage, most drivers buy extra premium services in their policies to cover themselves during the event of a crash that involves an uninsured driver. The following are crucial insurance plans that will protect you when you are involved in an accident with an uninsured driver:
Uninsured Motorist Coverage
It is usually advisable to acquire uninsured motorist insurance, often called UM coverage, to safeguard your claims if you are involved in a crash with an uninsured driver. Auto insurance companies should include an optional uninsured motorist cover alternative in their automobile insurance policies.
You will be in a better position to pursue damages for losses sustained because of the accident that involved an uninsured driver if you have uninsured motorist coverage.
The uninsured motorist policy features compensation for plausible hospital bills, as well as other auto repair necessities to service users with the coverage based on the form of uninsured motorist coverage plan acquired. You can purchase one of the following two forms of uninsured motorist policy in Las Vegas:
Uninsured Motorist Property Damage Coverage
You, as the driver, have complete discretion over the sort of uninsured auto insurance you want to buy. Once it comes to selecting an uninsured motorist coverage, every auto insurance company in Las Vegas must always give their consumers an option. An uninsured motorist property damage policy is insurance that covers the charges and costs associated with repairing a car following an accident involving an uninsured driver.
Provided you're not at fault for causing the accident, choosing uninsured motorist property damage coverage is often a good strategy to guarantee that any property losses arising from an auto accident are compensated. The property damage caused by an accident for which you were to blame is not covered by the uninsured motorist policy. If you believe the other motorist was to blame for the collision, you will require a car accident lawyer to gather sufficient proof to show your insurer holder that you weren't at fault.
Uninsured Motorist Bodily Injury Coverage
By paying for accident-related damages, an uninsured motorist's bodily injury coverage insurance covers all parties involved in a crash, including you. Accident damages including lost earnings, reasonable medical expenditures, reduced earning potential, and suffering and pain are all covered by the uninsured motorist bodily injury coverage. Let's assume that the motorcycle owner has purchased this premium plan through their auto coverage. In this instance, he or she will be able to rest easy after a collision knowing that their uninsured motorist bodily injury coverage will provide compensation for any necessary accident-related costs.
Underinsured Motorist Coverage (UIM)
Since they are included in the same insurance, underinsured and uninsured motorist coverage are frequently purchased together. You will automatically be covered for the damages caused by underinsured motorists when you purchase uninsured motorist coverage in Las Vegas. Policyholders who are involved in incidents with underinsured motorists are protected by UIM coverage. Let's say your losses and other costs are too great for the liable party's insurer to pay. The UIM policy will thereafter be available to cover any additional expenses you accrue as a result of the incident.
Medical Pay Coverage
Another optional form of automobile insurance is called "med pay," and based on the coverage amount, it will cover your essential and reasonable post-accident medical costs as well as funeral costs. Even though purchasing this plan is optional, it is generally advisable to get this sort of insurance cover if you ride a motorcycle since motorcycle accidents are common in Las Vegas and usually happen day after day. Even though some auto insurance companies offer larger amounts up to approximately $10,000, the least Med Pay insurance cover is $1,000.
Med Pay Insurance provides security for the insured driver, his or her family members, as well as other occupants of the car the insured driver is operating. Med pay coverage will pay for medical expenses incurred by you or a loved one following a motorbike accident, irrespective of culpability. Here are a few examples of the types of medical costs that policyholders with med pay insurance have covered:
- Physical and occupational therapy
- Chiropractor fees
- X-rays and MRIs
- physician fees
- Costs for dental care in the event of damaged teeth
- Long-term and short-term medical treatment
- Funeral costs
- Costs for Ambulance and EMT
- Prosthetics
The med pay coverage will not pay for the excess expenditures in your insurance limit, property damage, automotive repair costs, or any other charges for pre-existing medical conditions except if these conditions have been made worse by the effects of the event.
Making an Insurance Compensation Claim Following a Motorcycle Accident with an Uninsured Driver
As with most insurance agreements, you must inform your insurance carrier of an accident as soon as possible. Additionally, you want to think about calling the police right away to let them know about the collision so that they may come and file a report. Your insurer's capacity to evaluate accident culpability will be greatly aided by the police statements, images, or eyewitness testimony.
To ascertain who is at fault for the accident, the insurance companies will deploy their insurance agents to the accident scene. The insurance agents will make an effort to gather the information that they could utilize against you in determining whether you were at fault for the accident. As a result, it is critical to keep a post-medical notebook that documents all medical costs incurred following the motorcycle crash to establish to the insurance the degree of the losses caused as a consequence of the incident.
Some insurance companies might not agree to compensate you for losses you suffer as a result of a motorcycle accident, but their decision is not definitive. Las Vegas law mandates that all insurance carriers handle policyholder complaints honestly and fairly by abiding by the law and by adhering to reasonable principles.
Your insurance company is responsible for pursuing the liable party's insurance companies to obtain payment for the costs incurred during your hospitalization or motorcycle repair. Assume the insurer would be justified in refusing to pay you for accident-related damages. Then you might think about bringing charges against them for breaking the law's requirement that they exercise "good faith."
If you want to pursue legal action against an insurer, you'll need the assistance of a Las Vegas car accident attorney.
Whether you're pursuing legal action against the insurer or the insurance companies of the liable party, demonstrating negligence is a requirement in every claim for damages. For any compensation case, your insurance company is required to represent you in court.
Elements of a Motorcycle Accident Lawsuit Against an Uninsured Driver
It is only fair that you obtain the restitution you are entitled to for the expenses you have incurred as a result of accident-related damages after sustaining substantial damages during a motorbike accident that was not caused by your negligence.
Your insurance company can seek compensation from the liable motorist or their insurance providers by demonstrating to the court that the accused was careless during the event of the motorbike accident, which resulted in your losses.
Using your injury lawyer's assistance, the entire process could be made easier, and you might end up with the best result after the case. The following are examples of negligence elements that you must demonstrate to the jury to obtain the amount you are due from the negligent entity:
Duty of Reasonable Care
Duty of care arises when the court recognizes the plaintiff-defendant relationship and requires the accused to show reasonable care to the plaintiff. To avoid preventable collisions with other vehicles and pedestrians, each person behind the wheel should exercise caution and rational thinking while operating their vehicle on the roads.
If you were injured, the court will acknowledge the presence of a duty of care to other motorists if a sensible person would not have behaved similarly in a comparable situation. If there was no duty of reasonable care, the accused will not be found responsible for the incident. Ordinary accidents are distinguished from acts of negligence that cause accidents by the existence of a duty of reasonable care.
The duty of reasonable care requires every driver to follow the traffic law and be aware of other drivers, other cars, as well as pedestrians. It is your responsibility as well as that of your car accident lawyer to persuade the court that the accused carried a duty of reasonable care during the time of the accident to find the defendant liable for the motorcycle crash that caused your losses.
Breach of the Duty of Care
For a negligence claim, it is not enough to show that there existed a duty of reasonable care. Your attorney must now show the court how the accused failed to uphold his or her duty of reasonable care at the time when the accident occurred. If the accused did not provide the claimant with a fair amount of care, they will be said to have violated their duty of reasonable care. There could be several causes for the accused's violation of duty, including:
- Driving while distracted, such as texting while operating a vehicle
- Driving when impaired by drugs and/or alcohol
- Breaking traffic regulations
- Disregarding traffic police orders
Infringing a duty of reasonable care is a fact-based question. Your car accident lawyer must therefore establish to the court's satisfaction beyond a shadow of a doubt that the accused violated his/her duty of reasonable care by behaving in a way that a sensible person would not have in a comparable situation or setting.
Causation
In addition to proving to the court that the accused was negligent when the accident occurred, you need to also establish how his or her negligence caused the losses or injuries you suffered. The accused's irresponsible activities, for example, speeding, should be linked to the damages you sustained as a result of the accident.
Examining whether the accused might have predicted that his/her acts would result in a crash or damages is another part of negligence in evaluating the accident's cause. If the accused could never have predicted the accident because of unforeseen and random occurrences in nature, the offender can not be held liable for negligence.
In every claim of negligence, the accused is responsible for any events that could have been avoided. If you sustain injuries or damages that are not caused by probabilities that the accused should have anticipated, he or she cannot be held liable because you cannot demonstrate that his or her negligent acts caused your injuries.
Damages
Actual losses sustained by a plaintiff as a result of an accident must be considered when determining whether the defendant violated his or her duty of reasonable care. Your car accident lawyer must show the court that you were legitimately hurt as a consequence of the event, typically in the guise of physical harm or damage to property. If the accused is found negligent by the court, the claimant will be awarded damages based on the kind of damages and quantity of losses they sustained.
The plaintiff may be awarded the following damages in a negligent motorcycle accident involving an uninsured motorist:
Lost Income and Lost Earning Capacity
It is not difficult to demonstrate lost earnings in a motorcycle accident lawsuit. Each motorcycle accident usually results in significant injuries; as a result, you may not be capable of working right away, which could result in you losing money for failing to show up to your workplace. The sum of earnings a claimant loses while receiving treatment and recovering from an accident is known as lost wages. The sum the claimant would have made if the offender hadn't been careless in causing the accident, is known as lost earning capability.
You can demonstrate to the court with certainty necessary for you to regain your lost earnings capability if you have a qualified and seasoned attorney on your side.
Benefits for your loss of earning capacity due to the accident will be paid to the claimant only when the injuries experienced hinder you from earning for a long time. To prove to the court that you have lost your income or earning potential, you should provide testimony from an economist, your employer, or even a doctor.
Hospital Bills
In Las Vegas, anyone whose negligent activities lead to an accident or harm to another person should be held responsible for paying for all hospital bills incurred by the victim during treatment. Keep track of every medical expense you have following a motorcycle accident to demonstrate to your insurance provider that you are entitled to compensation and to show the court that you were injured. Examples of proof that you suffered medical harm as a result of the accused's negligence are provided below:
- Doctors' as well as other medical professionals' testimonials
- Therapists' and friends' testimonials
- Medical documents such as X-rays and MRIs
- Suffering and Pain
- Videos and pictures from treatment sessions
According to Las Vegas laws, those who have been hurt can sue for the suffering and pain they have had as a result of the wrongdoing or negligence of others. In the event of a motorbike accident, the claimant may be entitled to non-economic compensation for suffering and pain. Even though the claimant does not have to sustain physical injuries to pursue compensation for suffering and pain, possessing physical injuries helps the collection of the compensation more likely and straightforward. Reparations for non-economic losses cannot be expressed in specified monetary values, for instance:
- Anxiety
- Suffering and pain
- Depression
- Inconvenience
- Loss of life's enjoyment
- physical disability
- Disfigurement
Wrongful Death
Let's say someone perishes in an accident as a result of someone else's carelessness. The heirs to the possessions of the deceased loved ones, like the surviving husband or children, may then bring a claim for the wrongful death of their loved one. The motorist who caused the collision must also be held accountable for all funeral costs. Owing to the intricacy of the law governing these lawsuits, it is usually a good idea to hire a seasoned attorney before you begin your claim for wrongful death compensation.
Common Legal Defenses for Negligence in a Claim Involving Uninsured Driver
The following defenses against carelessness in a motorcycle accident claim will be made by the accused in a lawsuit because they may not be prepared to exit the courtroom at the risk of going to trial:
Contributory Negligence
A frequent defense to negligent compensation lawsuits is contributory negligence. In the case of contributory negligence, an accused will contend that the complainant's violation of the duty of reasonable care contributed to his/her blame for triggering the accident. If the claimant is irresponsible in this case, they might not have suffered the injuries brought on by the accident.
Risk Assumption
Let's say the plaintiff accepted the risk associated with the defendant's careless behavior, which caused the crash. In that situation, he or she may not be eligible to receive compensation for the damages brought on by the accident. The plaintiff must have been conscious of the risks associated with the harmful behavior or conduct for this concept of defense to apply in a personal injury claim. The plaintiff cannot use this argument in cases when there are new or unanticipated risks that wouldn't have been predicted, such as when a car has a faulty part.
Comparative Negligence
A comparative negligence approach is used to assess how much each party contributed to the accident when the accident's victims also share some of the blame. This form of defense is not only popular but also effective. Let's say the comparative negligence concept makes it clear that some of the blame for the disaster was shared. Depending on how negligent the plaintiff was before the event, the amount of restitution for the losses and injuries could be lesser.
Find a Las Vegas Personal Injury Attorney Near Me
Negotiating with insurance providers after a motorcycle accident that involves an uninsured driver is difficult without a knowledgeable lawyer to evaluate and prove the elements of the case. Las Vegas Car Accident Attorney Law Firm is always available to assist victims in obtaining the best outcome in a negligence claim. Call 702-576-0010 to speak to one of our representatives.
