Motorcycle Accidents Involving Uninsured Drivers
Filing Uninsured or Underinsured Motorist Claims
Studies have found that as many as one in eight—or 13% —of motorists in the United States do not have any type of insurance to cover damages if they get into a crash. Many more only carry the minimum requirements for their states, which often does not adequately compensate accident victims for their damages.
If you were involved in a motorcycle accident with a driver who didn’t have insurance—an uninsured or underinsured motorist (UM/UIM)—you will have to take legal action to find a way to still get the compensation you deserve. Don’t trust the insurance companies to tell you how to recover compensation for medical bills, lost wages, and motorcycle repairs.
If you need help recovering compensation after an accident with a driver without insurance or an underinsured driver, reach out to the Motorcycle Law Group. Since 1990, we have been helping motorcycle riders get the justice they deserve after a wreck.
Options After a Crash with an Uninsured Driver
One of the last things that you want to hear after being in a motorcycle accident is the driver who hit you doesn’t have insurance. Yet, as previously said, there is technically a one-in-eight chance of this happening. What are your options?
Typically, the best option is to use any uninsured or underinsured motorist coverage that you can, which we explain in more detail below. Otherwise, you might have to file against the driver’s privately held assets and finances, which is typically not ideal.
Most drivers don’t have tens of thousands of dollars to hand over if they cause a motorcycle accident, especially if they couldn’t afford auto insurance in the first place.
What Is Uninsured/Underinsured Motorist Coverage?
Uninsured motorist (UM) and underinsured motorist (UIM) coverage can be part of your motorcycle insurance coverage that applies when you are hit by a motorist with no or inadequate insurance.
Typically, it is sold as an optional premium, rather than as a standard part of a policy. Laws regarding UM/UIM coverage vary from state to state, so where you live affects what types and amounts of compensation you can recover by filing a UM/UIM claim.
A typical UM/UIM policy can provide for:
- Vehicle Damage
- Medical expenses
- Travel to and from medical appointments and treatments
- Lost income/wages
- Miscellaneous out-of-pocket expenses
The Motorcycle Law Group would be happy to help you explore your insurance options and get a better understanding of what insurance the driver has that we can file against.
What to Do After Being Hit by an Uninsured Driver
When you are hit by a driver without insurance, the next steps that you take will be very important. If you don’t get the right information, then any insurance or legal action that you take afterward will be more difficult to complete.
After getting hit by a driver with no insurance while you were on your motorcycle:
- Call 911 if someone is seriously injured. Always prioritize health and safety.
- Collect contact and identifying information from the driver.
- Write down any insurance information you can about them, even if they can only tell you the insurance that they used to carry.
- Take photographs of the scene, starting with the driver’s car. If they try to flee the scene, then you will have evidence of the vehicle that hit you.
- See a medical professional if you are not taken to the ER via ambulance.
- Contact The Motorcycle Law Group to take the first steps toward starting a claim.
Is It Worth Filing a Claim Against a Driver with No Insurance?
It is always worth exploring your legal options for compensation after being in a motorcycle accident that wasn’t your fault. If the driver who hit you doesn’t have insurance, that doesn’t change the fact that you should at least see what you can do about it.
Don’t assume the worst and do nothing. Instead, come to The Firm That Rides, the Motorcycle Law Group, and see what can be done today to get you back on your ride.
Been in an accident with a driver who had no insurance? Call (855) 529-7433 as soon as possible.
Is a Hit-and-Run Driver Considered Uninsured?
A hit-and-run accident occurs when one of the involved parties leaves the scene before they share identifying or insurance information. If you were riding your motorcycle when a driver hit you, and then that driver left right away, then you were in a hit-and-run accident.
It might seem unusual, but your motorcycle insurance company will view that driver as an uninsured driver when handling your case. In this way, a driver who can’t be identified is the same as one who has no insurance to file against.
How to File an Uninsured Motorist Claim
The steps to file your claim after a crash with a driver will depend on how much insurance that driver has. The Motorcycle Law Group is here to help you figure out those steps, so you don’t need to worry. Always remember: If you’ve been in an accident, don’t say a word to the insurance companies until you contact us.
Filing a claim will change based on the insurance available:
- Some insurance: If the driver who hit you has some insurance but not enough to cover all your damages, then you can file against their insurance policy while also exploring your underinsured motorist insurance policy. Your motorcycle insurance provider might then file a lawsuit against the driver’s insurance company to get reimbursed for the amount of UIM coverage you used.
- No insurance: If the driver who hit you has no insurance, then you can only file against your UM insurance policy, which is a first-party insurance claim. It can be awkward to file against your own insurer, but it is sometimes necessary. Don’t assume they’ll help you just because you paid them for the coverage, too. It is always useful to team up with an attorney first. You might also have the option to file a personal injury claim against the driver and demand compensation paid to you through their own assets, not an insurance policy that covers them.
Is UM/UIM Insurance Mandatory?
Every state has different laws and requirements regarding uninsured and underinsured motorist coverage. Let us help you figure out what requirements apply to your state and how that can affect your injury claim.
We can handle cases in these states, which have the following UM/UIM insurance requirements:
- North Carolina: Motorists must have at least $30,000 in UM coverage for bodily injury per person and $60,000 in bodily injury per accident, as well as $25,000 in property damage.
- South Carolina: All motorists must have a minimum of $25,000/$50,000 in UM coverage for bodily injury per person/accident and $25,000 in property damage with a $200 deductible.
- Virginia: Motorists must have at least $30,000/$50,000 in UM coverage for bodily injury per person/accident and $25,000 in property damage, subject to a $200 deductible.
- West Virginia: Motorists must have at least $25,000 in UM coverage for bodily injury per person and $50,000 in bodily injury per accident, as well as $25,000 in property damage UM coverage
- Georgia: Although Georgia does not require UM/UIM coverage, insurance carriers must offer this coverage to policyholders, who may choose to opt out in writing (verbally rejecting UM/UIM coverage is not sufficient to formally opt out).
How an Attorney Can Help
The Motorcycle Law Group is called The Firm That Rides. This title not only means that we are avid motorcycle riders ourselves, but it also means that we stay with our clients to the very end of their cases.
We are here to support you however we can, stand up for your rights, and amplify your voice as a motorcycle accident survivor. If you don’t want to deal with the stresses of an uninsured accident claim, then please let us handle it all for you.
When working on a case for you, we can:
- Investigate the accident
- Determine liability
- Calculate damages
- File against any available insurance policies
- Fight for the full benefits you deserve
- Negotiate for a settlement
- Litigate in court if necessary
- And much more
Helping Motorcyclists Hit by Uninsured Drivers
If you were involved in a motorcycle accident with someone who doesn’t have enough insurance to cover the cost of your damages, filing a UM/UIM claim may be your best option for recovering compensation.
The Motorcycle Law Group can help you with every aspect of your claim, from determining your eligibility and putting together evidence to support your claim while handling all communication with the insurance company. With more than 30 years of experience, our team has the resources, skills, and knowledge to advocate for you.