What are my rights after a motorcycle accident? The answer depends on who was at fault. Motorcyclists have the same rights to the road as other drivers but are more difficult for others to see because of their bikes’ smaller size. This size difference can sometimes lead to collisions when drivers of larger vehicles fail to see motorcyclists traveling around them.
Most motorists must first turn to their no-fault personal injury protection (PIP) insurance before seeking compensation from other drivers under Mass. Gen. Laws ch. 90, § 34M. However, under 211 Code of Mass. Reg. § 3.02, insurers do not have to provide PIP coverage to motorcyclists. If you have medical payments coverage, you can file a claim with your insurer to cover some of your medical bills.
The following are the minimum motorcycle insurance coverages in Massachusetts:
If you were at fault for the accident, the other motorist or your passenger can file a claim with your insurance company. However, if the crash was another driver’s fault, you can file a claim against that driver. In some cases, third parties might also be liable for your crash and losses. Your attorney will investigate what happened and identify all potentially liable parties to maximize your recovery amount.
While you can file a claim against the at-fault motorist or third party responsible for your crash and losses, the motorist’s or business’s insurance company will be the party that pays your claim. After your lawyer has identified all of the liable parties and has presented evidence to prove their negligence, you will also have to prove your damages. These are the losses you incurred because of your accident and include both your economic and non-economic injuries.
Some of the types of damages that might be available include the following:
If you were a passenger riding on a motorcycle that was involved in a collision, figuring out your rights may seem more difficult. As a passenger, you may have the right to pursue compensation from the motorcyclist who was operating the bike, the other driver, or both. In some cases, you might also have the right to pursue compensation from the bike’s manufacturer if a defect contributed to the collision. The amount of compensation you might recover will depend on the severity of your injuries, the insurance carried by the defendant or defendants, and other factors.
You will file an insurance claim against each at-fault party. If one of the at-fault parties died in the accident, you can file a claim against their estate. A lawyer at Ellis & Associates can help you file claims and evaluate any potential settlement offer you might receive.
After you have sought medical care for your injuries, you should reach out to the experienced motorcycle accident attorneys at Ellis & Associates. We offer free consultations and can help you understand your legal rights. Call us today at 800-MR-ELLIS or send us a message online.
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