OVERCOMING CHALLENGES IN MOTORCYCLE ACCIDENT CASES
In states such as Oklahoma and Arkansas, many automobile insurance companies take a fairly hostile stance against motorcyclists injured in an accident.
While some states specifically allow insurance companies to deny some types of insurance coverage, such as Medpay coverage or first-party coverage, to motorcycle drivers, in other states, insurance companies tend to take a very skeptical attitude towards individuals injured while riding their motorcycle.
One of the reasons they employ such skepticism is that they know people hurt while riding their motorcycle have a higher likelihood they will sustain more costly injuries. Since the insurance companies worry that the damages they would have to pay out to an injured motorcyclist may be very high, they go to great lengths to deny liability in the first place. In order to deny liability, the insurance company must determine that the driver they cover is not legally responsible.
The tendency of insurance companies to take this tactic means that those injured in such accidents need to be represented by counsel. They will need representation so that the insurance companies may worry that the injured party will have their attorney file suit against the driver covered by that insurance company.
If the insurance company is concerned that they will have to pay for the defense of a possibly untenable decision about the liability of their covered driver, then they may be receptive to arriving at a negotiated settlement prior to the case going in to litigation.
If the motorcyclist’s attorney can succeed at getting the insurance company to admit the driver of their covered vehicle was liable, the injured party will be able to seek the same kinds of damage awards as a person injured while in a car.
They can recover compensation for past and projected future medical bills, lost wages for time missed from work, pain and suffering and costs for any long-term disability that may affect their ability to work or to live the type of lifestyle previously enjoyed. The details of what must be proven in order to recover certain types of damages can be quite complicated. Consult with counsel to see what you may be entitled to recover in your case.
At the law firm of NOLAN CADDELL REYNOLDS, our attorneys have substantial experience representing those injured in motorcycle accidents. Contact us toll free at 1-800-709-5297 or locally at 479-782-5297. Or you can reach us on our website at www.nolancaddellreynolds.com.