Your health insurance policy will cover motorcycle accident injuries in most cases. However, a collision with a much larger car can leave you with catastrophic, potentially life-threatening injuries that result in staggering medical bills and concern about covering their costs. You can hold the driver whose negligence caused the accident accountable for these losses.
When a Lafayette motorcycle accident lawyer represents you, they will explain the steps involved in recouping the costs of your medical care from the driver and their insurance company. They will also explain the additional damages you can recover, including lost income, pain and suffering, emotional trauma, and more. Most motorcycle accident attorneys offer a free review of your case.
Your Health Insurance Typically Covers the Costs of Motorcycle Accident Injuries
Like most people, you purchase health insurance to cover routine and emergency medical care. Thus, your insurance usually covers many treatment costs up to your policy limits after a motorcycle accident. However, you may incur various out-of-pocket expenses, including co-pays and deductibles.
Even if your insurance fully covers your medical care, you will still have to pay to repair or replace your bike and could lose income while your injuries and recovery prevent you from returning to work.
So, read your health insurance policy carefully or have a lawyer review it for you. For example, some policies may exclude coverage for motorcycle accidents and other high-risk activities. A lawyer can examine the fine print and explain your policy and other recovery options.
Laborde Earles injury was great for me they took care of me very fast and professional. If for any reason I need legal help they will be who I use.
ClientThe At-Fault Driver’s Insurance Could Cover Your Motorcycle Accident Injuries
If a negligent driver caused your accident, they could be responsible for your post-accident medical care. To recover these costs, your legal team must prove the at-fault driver:
- Owed you a duty of care
- Breached their obligation
- Caused your accident
- Caused financial losses
Proving these elements is mandatory for recovering damages. It can also be hard to do alone—especially while you recover from severe injuries. Instead, you can let your lawyer handle it. They will explain how to establish negligence in your motorcycle accident case.
Your health insurance may kick in after your lawyer recovers the costs of your medical care and other expenses and losses. Then, your health insurer might pursue the at-fault driver and their insurance company in a process called subrogation to recoup the medical expenses it initially covered.
How to Prove the At-Fault Driver’s Negligence Caused Your Motorcycle Accident
Your legal team will build your motorcycle accident case with solid evidence of the at-fault driver’s negligence. Thus, they will collect the following proof to substantiate your claim:
- Police report: It will contain details about the crash’s causes and contributing factors, contact details for the at-fault driver and their insurer, and notes and diagrams from the investigating officer.
- Medical records and bills: These describe your injuries and their cause and costs. They will also outline your immediate and future treatment plan and possible costs.
- Witness statements: Not only will they interview bystanders and other drivers, but they can also consult medical experts and accident scene reconstruction experts.
Additional supporting evidence can include accident scene photos, video footage, and first responder reports that attest to your injuries at the scene. Your lawyer will gather the evidence your case needs rather than taxing you or your family with this challenging task.
I thank God for Digger & David. I don’t know what we would have done if it hadn’t have been for them.
Rick Smith | ClientAdditional Damages You Can Recover From the At-Fault Driver’s Insurance
A motorcycle crash will have far-reaching financial effects, costing you more than just your medical bills. However, you can compel the negligent driver in your accident to cover all your compensatory damages, which include your medical bills and other economic damages, including the following:
- Current and future lost income
- Loss of future earning capacity
- Motorcycle repair or replacement
- Diminished motorcycle value
- Treatment-related travel expenses
You can also recover damages that are more difficult to substantiate. These noneconomic damages include pain and suffering, mental and emotional anxiety, and physical disability and disfigurement. Your lawyer will explain the evidence they will collect to establish the value of both kinds of recoverable damages.
A Motorcycle Accident Lawyer Will Pursue the At-Fault Driver and Their Insurer
You do not have to take on the driver or their insurance company alone. While you focus on recovering from your injuries, your lawyer will:
- Thoroughly document the at-fault party’s negligence.
- Speak with all relevant parties on your behalf.
- Complete and submit all required documentation.
- Answer any of your legal questions and concerns.
- Draft and file your insurance claim or lawsuit.
- Identify and consult relevant expert witnesses.
Your lawyer will also provide ongoing updates on your case, including progress reports throughout the settlement negotiation process. If an acceptable settlement is not forthcoming, your lawyer will explain additional financial recovery options, including taking your case to trial for final resolution.
You Have a Limited Time to Hold the At-Fault Driver Liable for Financial Recovery
A primary benefit of working with a motorcycle accident attorney is their familiarity with state and local laws that govern your case. One of these is the statute of limitations that determines how much time you have to file a lawsuit against the at-fault driver.
In Louisiana, you generally have only one year to comply with the personal injury statute of limitations (CC Art. 3492). If you do not file your lawsuit before the deadline, the court will likely bar you from presenting your case—regardless of how compelling your case might be.
A personal injury lawyer will explain the filing deadline, any exceptions that might extend or toll the applicable date, and the steps they will take to file your lawsuit on time.
The reassurance from Digger and his staff gave me that renewed hope that it’s going to be okay down the road.
ClientGet Help Recouping the Costs of Your Motorcycle Accident Injuries
If you or someone you love sustained injuries in a motorcycle accident, you could face substantial medical bills without an income to pay them. While health insurance typically covers motorcycle crash injuries, you can also hold the at-fault driver responsible for your accident-related losses.
Find out how we can help you pursue the at-fault driver for your accident-related medical care and more by contacting one of our team members at Laborde Earles today.
