Martz&Gailey

General Questions | Automobile | Motorcycle | Worker's Compensation | Social Security Disability | Wrongful Death

The ten questions most frequently asked by our clients, following a motorcycle accident:

Question: Are there special considerations in motorcycle cases?

Answer: Cases involving motorcycles differ from automobile accident cases in a number of ways.  First, and most importantly, a large proportion of motorcycle cases involve serious injuries.  Often, the biker may not be able to remember the event because of injuries.  This makes a prompt and complete investigation especially critical.  At Martz & Gailey, we have handled hundreds of motorcycle cases and are well aware of the special handling required.  We can help you with the many issues that come up in the aftermath of a bad accident with serious injuries.

Question: Who pays medical expenses caused by a motorcycle accident?

Answer: Motorcycle insurance differs from car insurance.  Unlike automobile insurance, there is typically no coverage for medical expense provided by a motorcycle policy.  This means that an alternative source of payment such as health insurance must be identified as soon as possible. 

Question: Can I be reimbursed for lost wages if I miss work because of my injuries?

Answer: Motorcycle policies almost never include wage loss benefits.  If you have disability insurance, this may be an alternative.  Otherwise, it is important to include earnings loss in the claim against the driver causing the accident.  Unfortunately, wage loss from this source will be paid only at the time of settlement or may be awarded as part of a verdict if the case goes to trial.

Question: Should I sign an authorization for the insurance company to review my medical records?

Answer: It depends.  Your health insurance company or other  benefits plan has the right to review your medical records if they are making payment for medical expenses.  For that reason, they have the right to ask you to sign a medical authorization and you should do you.  The responsible driver’s insurer may also ask you to sign an authorization.  If you sign that form, you are allowing the other driver’s insurance company full access to your confidential medical records.  In most instances, this is not a good idea and should be done only if you are advised to do so by your attorney.

Question: Should I give a recorded statement?

Answer: The responsible driver’s insurer may want a recorded statement which, if possible, they will try to use against you later in the case.  Remember you are dealing with trained insurance professionals who do nothing but deal with claims such as yours.  In most cases you should refuse to provide a recorded statement and if you do, you should do so only with the assistance of any attorney.

Question:  Should I turn in my claim for damage to my bike to my insurance company or the other driver’s company?

Answer:  There are advantages to both options.  First, before you can make a claim on your own policy, it is necessary that you have collision coverage.  Some policies, particularly on older bikes, do not provide this coverage.  If you make a claim on your own policy, you will at least temporarily be responsible for your deductible.  If the accident is the other driver’s fault, making a claim on your own policy will not increase your insurance rates.  If you deal with the other driver’s insurance company, you will not be responsible for your deductible since they owe you full compensation.  On the other hand, many clients find that dealing with their own insurer is more comfortable and quicker.

Question: If my insurance company pays my repair bill, can I ever get my deductible back?

Answer:  First, to recover your deductible, the accident must be the other driver’s fault.  Under those circumstances, if your insurance pays for bike repairs and charges you the deductible or if your bike is totaled and the deductible is applied, your insurer will almost always attempt to collect from the other driver’s insurance.  When they are repaid, they will also collect your deductible and return it to you.  For this reason, the loss of your deductible, if the accident is the other driver’s fault, is usually only temporary.  The length of time it takes for this process to be completed varies, but most insurers are diligent in pursuing this since they will be receiving payment, as well.

Question: Do I have a right to payment for a rental vehicle?

Answer: Yes, you have a right to payment for a rental vehicle for a reasonable time while your bike is disabled and being repaired.  If your bike is destroyed in an accident, your right to a rental generally terminates when payment for your demolished bike is made.  Usually payment for a rental vehicle comes from the responsible driver’s insurance company.  You may, however, have rental coverage on your own policy which you may use.  Before procuring a rental vehicle, it is advisable to have the details agreed to with the insurer which is going to provide payment.  In that way, you can assure yourself that you will not be incurring unanticipated out of pocket expenses.

Question: I have limited tort automobile insurance.  Does this affect my right to make a claim for a motorcycle accident?

Answer: Limited tort is a limitation on your right to make a claim for what are known as non-economic damages such as pain and suffering.  However, this applies only to automobile accidents.  If you are the operator or occupant of a motorcycle, you are considered to have full tort rights even if your automobile insurance coverage provides the limited tort option.  This is because the limited tort option applies only to occupants or operators of private passenger motor vehicles.  A motorcycle is not considered a private passenger motor vehicle so limited tort will not apply.

Question: Should I try to handle the claim on my own?

Answer: Generally speaking, insurers are delighted when claimants attempt to negotiate personal injury claims on their own.  What makes the insurers so happy is the opportunity to use their resources and expertise to settle these cases for a fraction of their true worth.  Insurance claim professionals do nothing but deal with insurance claims.  When dealing with an unrepresented individual, the playing field is far from level.  For that reason, handling a claim on your own is a bit like performing your own surgery.  It may be possible, but you may not like the result.