If you’re a motorcycle enthusiast in Pennsylvania, you already know how great our state is when it comes to getting out on the open road. But you may not know how complicated it can be when you’re involved in an accident. Because bikers are not treated the same under the law, it’s even more critical to get the assistance of a Newtown Square motorcycle accident attorney if you’ve been involved in a motorcycle wreck.

Riding a motorcycle can sometimes have some serious risks. In 2022 alone, PennDOT reported that 3,300 motorcycle crashes resulted in 217 fatalities. While motorcyclists have the same rights and responsibilities by law as any other driver, there are some significant differences when it comes to insurance law that can make a motorcycle injury claim more complicated to pursue. 

Does Motorcycle Insurance Cover Your Medical Bills?

If you own and ride a motorcycle, you are legally required to have motorcycle insurance by law. It’s similar in many ways to car insurance, but some significant differences can affect an injury claim if you’ve been injured in an accident.

In Pennsylvania, we are a no-fault state. “No-fault” means drivers must look to their own insurance for benefits when they’ve been injured in an accident. But motorcycle insurance companies aren’t required to provide medical benefits for the rider. So, what do you do if you’ve been injured in a motorcycle wreck?

How Does the Difference in Insurance Coverage Enter into This Scenario?

If you’ve sustained a motorcycle injury, you can’t rely on your insurance to pay your medical bills. In this case, you have two options. You will have to rely on your personal health insurance – or – your other option is to bring a personal injury claim against the other driver. While this seems like you’re at a disadvantage as a motorcyclist after an accident, there is one silver lining. 

This is where the choice of no-fault (limited tort) or full tort coverage comes into play. With a limited tort policy, a driver can only collect medical benefits and out-of-pocket costs under their own insurance policy unless they’ve suffered serious injuries. Of course, you don’t have this option as a motorcyclist.

Conversely, a full tort policy allows the injured party to seek economic and non-economic compensation (such as pain and suffering) from the other at-fault party for their damages.

The good news? As a motorcycle rider, you are automatically entitled to full tort status in the case of a motorcycle injury claim. This allows you to pursue a lawsuit against the other at-fault driver to recover compensation for your damages. 

But the Complexities Don’t Stop There

In Pennsylvania, we also have what is called modified comparative negligence rules. 

What this means, simply, is that an injured party can only recover compensation for the percentage of fault of the other party. Furthermore, a victim won’t be able to recover damages at all if they were found more than 50 percent at fault for the accident. So you can see what a small percentage of assigned “fault” can mean to an injury claim. 

And who determines this fault? In many cases, it’s the insurance investigators – the very people who stand to be financially responsible for paying your accident claim.

How Can You Protect Yourself When You’ve Sustained Motorcycle Injuries?

Needless to say, getting fairly compensated after a motorcycle wreck isn’t exactly straightforward. 

Filing a personal injury lawsuit can be complicated, requiring extensive evidence to prove the seriousness of your injuries, the total potential financial damages, and who was at fault for the accident. Furthermore, insurance companies, as for-profit businesses, have an agenda – to keep those profits. An insurance company typically won’t offer the best possible settlement without extensive negotiation. 

This is when it can be imperative to have an experienced motorcycle accident lawyer representing you. Motorcycle accident attorneys in Newtown Square understand the legal nuances of motorcycle wrecks. They are experienced in dealing with intricate insurance settlement negotiations and litigating lawsuits to protect their clients’ best interests. 

How Can You Be Your Own Best Advocate After a Motorcycle Wreck?

What you do after a motorcycle wreck can have a significant impact on whether and how much you may be able to recover for your injuries and other damages. It’s important that you act as your own best advocate immediately after the accident by:

• Calling 911 – Dispatching emergency personnel to the scene will be essential to ascertain your immediate injuries. 911 will also call police to the scene. The police report will be one of the key pieces of evidence if you decide to pursue a case against another driver. Fully cooperate with emergency personnel and police when they arrive.
• Collecting evidence – If you can, take pictures of the scene of the accident, the position of all the vehicles involved, any skid marks and debris, weather conditions, and anything you think may be relevant. If you’re not able to do this, ask someone else to do it for you.
• Taking down the contact information of any witnesses 
• Not apologizing – It is human for us to say “I’m sorry” after something like an accident, but apologizing can be construed as accepting fault in this kind of scenario.
• Getting immediate medical attention – No matter how serious or not you consider your injuries, seek medical attention and follow all medical orders. Often, injuries aren’t visible, or symptoms can be delayed. Let a medical professional do a thorough examination and make a skilled determination. 
• Calling your own insurance company – Most insurance companies require that you contact them immediately after an accident.
• Not talking to the other party’s insurance company – Any statement you give to the other party’s insurance company can be used against you. 
• Getting legal advice – Navigating a motorcycle wreck can be complicated and the amount of compensation you recover can hinge on many factors. An experienced Newtown Square motorcycle accident lawyer will review the evidence and help you understand your options after a motorcycle wreck. 

Motorcycle injuries are not only serious, but they can affect the financial trajectory of your future. At Silver & Silver, our team of motorcycle accident attorneys knows how the legal system and insurance industry can work against a motorcyclist after an accident. 

Don’t try to navigate a motorcycle injury without serious legal representation. Call us at (610) 638-7255 or contact us through our website contact form to schedule a free consultation with an experienced motorcycle accident attorney in Newtown Square. You pay no attorney fees until we recover compensation on your behalf. 

 

Disclosure: 

This website is designed to provide only general information. The information presented on this website is not formal legal advice. You should not rely on any general information from any source for making legal decisions. Each legal matter is unique and requires specific attention from a qualified and experienced attorney. Unless a representation agreement has been signed with the Law Office of Silver and Silver, we are not your legal representatives.