If a biker causes an accident and has no motorcycle insurance, you have options for getting the compensation you need to cover medical bills and other expenses. First, you could compel the at-fault biker to compensate you by filing a personal injury lawsuit. Another option would be filing with your insurance company if you have uninsured motorist coverage included in your policy.
Consider hiring a lLafayette motorcycle accident lawyer who can explain what to do if a biker caused an accident and did not purchase motorcycle insurance. Most law firms will review your case at no cost or obligation and explain how they will recover damages on your behalf.
Pursue Compensation From Your Insurer After an Uninsured Biker Accident
When you work with a personal injury attorney, they will review your policy in detail. If it includes uninsured motorist (UM) coverage, they could help you tap into it. Your lawyer will prove the motorcyclist caused the accident and document their actions for your insurance provider.
They will also:
- Communicate with your insurance company.
- Determine the monetary value of your case.
- Negotiate with your insurer for the best possible outcome.
Your insurance company will require evidence to determine the cause of the accident and your right to use the UM portion of your policy. A lawyer can help you understand your coverage’s details and fine print and leverage them when needed most.
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Sue an Uninsured Biker for Compensation After an Accident
If you do not have UM coverage, another option after a collision is to pursue the at-fault motorcyclist for financial recovery. You could seek compensation by filing a personal injury lawsuit.
The law firm handling your case will look for their assets and possessions and determine whether they have the necessary funds to cover your damages. They will also help you file suit, explain each step of the process, and build the strongest possible case for you.
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Types of Financial Compensation After a Biker Causes an Accident
A collision between two motorcycles or a motorcycle and a car can cause severe and costly physical injuries and significant time away from work. Unfortunately, that can leave you with emergency and ongoing medical bills that the at-fault motorcyclist should cover. If they were uninsured, your UM insurance could cover medical bills and these damages:
- Lost income
- Reduced earning capacity
- Property damage or loss
- Diminished property value
- Disfigurement or disability
- Physical pain and suffering
- Mental and emotional distress
- Loss of enjoyment of life
Finally, you could also pursue wrongful death damages if your family member died in a motorcycle wreck.
In addition, you could recover many of your initial post-accident expenses and losses if your insurance policy includes optional personal injury protection (PIP) coverage. Your lawyer will review your policy and create a detailed list of your recoverable damages.
Act Quickly After an Accident With a Biker Who Had No Motorcycle Insurance
You have a limited time to seek compensation after a motorcycle accident. The personal injury statute of limitations in Louisiana is one year from the date of the accident, according to CC Art. 3492. Wrongful death claims also have a one-year deadline per CC Art. 2315.2.
The filing deadline is mandatory no matter which lawsuit you pursue, so the sooner you get a lawyer involved in your case, the better. They will also explain any factors of your case that could alter the filing deadline and the consequences of filing too late.
In addition, your attorney will explain the significance of not accepting a speedy settlement that might not completely cover your losses. They know it can take time for your injuries to heal fully, and you must fully document and account for future needs when demanding compensation.
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How to Prove a Biker With No Motorcycle Insurance Caused Your Accident
Compelling evidence will prove the motorcyclist was at fault in the accident, whether you seek compensation from the uninsured biker directly or through your UM policy.
Your legal team will collect evidence that includes the following:
- Police report with detailed information on the collision’s cause and contact details for all involved parties and any witnesses.
- Medical records and bills that document your injuries and their cause and costs in detail.
- Statements from witnesses who saw the accident from varying viewpoints and experts who support your version of events.
- Repair shop invoices that detail the cost of fixing your vehicle and authoritative guides that estimate its diminished value or replacement cost.
Your lawyer will also examine the motorcyclist’s driving record. In addition, they might consult an accident reconstructionist who can recreate the accident and provide an objective view of its cause.
The Elements That Prove the Uninsured Biker Was Negligent
To hold the motorcyclist accountable for their actions or recoup damages from your insurance provider, you must prove the negligence that caused the accident. Your lawyer will handle this task for you by establishing the biker:
- Owed you a duty of care.
- Breached their legal obligation.
- Caused your accident.
- Caused subsequent financial damages.
The evidence your legal team collects will prove these components. Your lawyer will present it to the legal representative for the biker or your insurance company and demand compensation that adequately covers your accident-related losses. They will not ask you or your family to handle evidence collection. Instead, you can focus on getting better.
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Get Help After an Accident With an Uninsured Motorcyclist
Getting compensation after a negligence-based motorcycle accident can become complicated and time-consuming. If you or someone you loved suffered injuries in the crash, the time spent seeking compensation could add to your stress and anxiety. However, our personal injury team will help you recover damages. You do not have to experience financial hardship because of a negligent and uninsured motorcyclist.
Find out how we could help you get compensation if a biker causes an accident and has no motorcycle insurance. Get started today by contacting one of our team members at Laborde Earles for your free case review.
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