What Happens if the At-Fault Party Doesn’t Have Insurance?
When a driver hits a motorcyclist on the road, they may be deemed the at-fault party in the accident and have their insurance cover the motorcyclist’s damages. However, what happens if the at-fault party doesn’t have insurance? You might still be able to collect compensation.
A personal injury lawyer from our firm can help you seek recovery by:
- Suing the at-fault party personally
- Turning to your own insurer for coverage
If you need extensive coverage for your damages, our legal team might suggest filing a personal injury lawsuit to potentially recover damages. If your motorcycle insurance policy includes uninsured motorist (UM) coverage, we might also be able to help you leverage this coverage to get compensated for your medical care and related motorcycle accident expenses.
We Can Review Your Motorcycle Insurance Policy if the At-Fault Party Is Uninsured
If an uninsured driver was responsible for causing your accident, you might have options for financial compensation right in your own motorcycle insurance policy.
If your policy includes coverage for uninsured or underinsured drivers, you might be entitled to collect compensation up to your policy’s maximums. A personal injury lawyer from our firm can review your policy, assign a total value to your damages, and help you file a claim with your insurance.
However, if you do not have uninsured (UM) or underinsured (UIM) motorist coverage, we might suggest looking into other insurance policies to determine if we can pull coverage from those options. Collision and comprehensive coverage are two common examples of other policies we might review if necessary.
Our Team Can Help You Measure the Value of Your Motorcycle Accident Case
When you seek compensation from the at-fault party via a motorcycle accident lawsuit, you might be eligible to recover two types of damages. According to the American Bar Association (ABA), you might recover compensation for:
- Economic damages: These damages include medical bills, lost income, the cost of restoring your motorcycle (or its value if it is declared a total loss0, and other financial debts caused by the accident.
- Non-economic damages: These damages include pain and suffering, inconvenience, mental and emotional anguish, and compensation for any lasting scarring or physical impairments.
If you lost a loved one in a motorcycle accident, you might be able to file a wrongful death lawsuit on their behalf and pursue additional damages. Wrongful death damages include loss of a loved one’s financial contributions to the family and funeral and burial costs.
Our personal injury team can help you determine the types and amounts of your damages. We can also help you assign an accurate value to your lawsuit prior to going to court or negotiating a settlement with the at-fault party or your insurance provider.
The Timing of Your Motorcycle Accident Lawsuit Is Crucial
Your ability to seek financial compensation by suing the at-fault party personally or from your own insurer has a time limit. Every state has a statute of limitations that determines how long people have to file their lawsuits. A personal injury lawyer from our firm may help you:
- Define the relevant timeline
- Comply with the filing deadline
- Avoid the penalties of filing late
Do not inadvertently overlook the importance of filing your lawsuit on time. Not doing so might be costly or prevent you from seeking the compensation you might be entitled to collect.
Get Evidence Before the Statutory Deadline
Another reason to comply with the statutory deadline is that evidence for your case might not be readily available after months, let alone years, pass. Many forms of evidence that can be used to support your motorcycle accident might be time-sensitive.
For example, you might want to work with a personal injury lawyer from our team to retrieve the following evidence as soon as possible:
- Statements from witnesses, which might require locating and interviewing them while their memory is fresh and their contact information is current
- Surveillance footage from a commercial business or residential home nearby the accident, which might be subject to being erased after a certain amount of time
- Repair or maintenance records from the maintenance company
Our Lawyers Can Help You Fight for the Compensation You Need
If you or someone you love was injured in a motorcycle accident, our client advocate team can help you find out what happens if the at-fault party doesn’t have insurance. Do not give up on receiving compensation or bear the financial burden of a negligent driver’s actions. Contact a team member at Laborde Earles Injury Lawyers by calling (337) 777-7777 today to explore your options for financial compensation.
