Motorcycle Accident Involving Uninsured Motorist

In case of an accident caused by an uninsured motorist, injured riders often face mounting medical expenses, lost wages, and repair costs, with few options. The stakes are higher because of the strong motorcycle culture in Las Vegas, where riders often face complex legal battles on both city streets and scenic desert highways. Lack of insurance complicates recovery as you navigate Nevada’s laws, including uninsured/underinsured motorist (UM/UIM) coverage and personal injury claims. 

Motorcyclists should have attorneys familiar with the specifics of motorcycle crashes, like road rash, serious injuries, and prejudiced attitudes toward bikers, to receive adequate compensation. Dallas Horton & Associates represents motorcyclists and secures their rights against uninsured drivers. An accident should not ruin your life. Seek professional legal advice from our team today. Before you do, look at the information below to help you understand what you can do and how best to handle an accident involving an uninsured motorist.

The Critical First Steps at the Accident Scene

The post-motorcycle accident period is confusing and stressful. Learning what to do in the first few steps can save your health and the legal side. Consider this to be your post-accident first-aid list.

Safety and Your Health First

Your welfare is your first consideration. Provided you can do this, get yourself and your motorcycle out of the way of the oncoming traffic to a safe area. Evaluate your injuries and the injuries of others. Dial 911 to report the accident and ask to be taken to emergency care, even if you do not feel any discomfort. The pain can be disguised with adrenaline, and delayed treatment may exacerbate a severe injury.

Demand a Police Report

Call the Las Vegas Metropolitan Police Department (LVMPD) and demand that they send an officer to the accident scene. A formal police report is key to your future legal case. It contains an objective description of the accident and who was involved, and may contain the initial evaluation of the officer as to fault. Your side of the story can be disputed without an official report, and it can be hard to argue your case. Make sure that you obtain the police report number before the officer departs.

Emotions are high after an accident, and it is good to obtain an official police report to create a clear and unbiased report of what happened. This report is invaluable for insurance claims and any following legal proceedings since it will provide a confirmed record of the situation, vehicle details, and witness statements. This may compromise your claim because evidence can be destroyed and memories can be lost by delaying the report filing. The police report number is the most critical information in future communications.

Document Everything

The most helpful tool you have to collect evidence is your phone. Take close shots and videos of the accident scene from different angles. Take a picture of where your motorcycle and the other vehicle(s) are. Record any skid marks, road conditions, traffic signals, and signs. Take close-up shots of the damage to your motorcycle and that of the other vehicle, as well as any visible injuries you have suffered. This visual testimony may be decisive in establishing what occurred.

Obtain Witness Details

Do not exclusively depend on the police to collect witness information. Talk to any crash witnesses and obtain their full names, contact numbers, and email addresses when there is a dispute over what occurred. Having independent witnesses can help to confirm what you say happened, even when the other side denies it.

It is also a good idea to request witnesses to make a short, written description of what they saw there and then at the scene. This captures their memory when it is still fresh and correct. A simple audio or video recording on your phone can do the same.

Furthermore, record where the witness was when the crash took place. Knowing whether they were in a car, on the sidewalk, or in a nearby building can be helpful to determine their perspective and credibility.

By gathering this information yourself, you will have a second source if the police report is late or omits important information.

Consult a Doctor Immediately

The period right after a car crash is usually chaotic and disorienting. Although adrenaline can suppress pain and harm, it is best to seek medical help as soon as possible. This is true even for seemingly minor accidents. The visit to a doctor serves two purposes:

• It will guarantee your physical safety, as any internal or external injuries will be discovered, including concussions or internal bleeding

• It will create a crucial medical history. This documentation is your strongest ally when dealing with insurance companies and lawsuits. A delay in treatment can make a gap in your medical history, which insurance adjusters will use to understate the effects of your injuries or even imply that they were the result of something completely different. Hence, visiting the doctor within 24 to 48 hours is an uncompromising measure to ensure your health and legal rights.

Go to a hospital or urgent care clinic even if you refused medical transport at the scene. A medical professional can diagnose an injury that may not be obvious. Medical records are crucial evidence that links your injuries to the accident. Insurance companies can use a lapse between the accident and the time of initial medical attention to claim that you were not injured in the accident.

Your Uninsured/Underinsured Motorist (UM/UIM) Coverage

Motorcycle accidents are one of the situations where your insurance may be the most critical line of defense, especially in a state like Nevada, where not all drivers carry sufficient coverage.

For example, a two-car policy with UM/UIM coverage of $50,000 per person and $100,000 per accident might allow you to "stack" the policies to provide a total of $100,000 per person and $200,000 per accident. This can be pivotal in the case of a bad accident where healthcare expenses and other damages can easily surpass the limit of one policy.

You must review your policy paperwork and discuss this option with your insurance agent. Although specific policies might include anti-stacking clauses, the Nevada law dictates that these clauses be clearly written and easily visible. The anti-stacking provision can be voided where your insurer has not met these prerequisites or where you paid a premium that was computed to cover full reimbursement under each policy.

Additional Recovery Options

Your UM/UIM coverage can be your first solution when an accident occurs, but it is not the only one. The complete process of financial recovery is about learning everything you have at your disposal. The following are other notable recovery options, including different insurance coverages and legal solutions.

Medical Payments (MedPay) Coverage

Medical Payments (MedPay) Coverage is an excellent, optional add-on to your motorcycle insurance policy. Unlike liability or UM/UIM, MedPay is a no-fault benefit, which means it covers your passengers and medical bills without focusing on who is at fault in the accident. It is necessary because it can cover your initial medical expenses, like ambulance trips, emergency room fees, and doctor visits.

MedPay can cover the shortcomings of your health insurance, like co-pays and deductibles. It is a great option to ensure you have instant financial assistance to meet the medical bills without waiting to be adjudged by an insurance adjuster to be at fault.

Your Health Insurance

The other vital resource you should have is your health insurance to cover medical treatment in case of an accident. Although it will pay your medical bills, you should know about a legal term like subrogation. Subrogation means that your health insurance company has a right to be repaid out of any settlement or judgment you obtain against the at-fault driver and their insurance.

For example, suppose your health insurance settles your medical bills for $20,000, and you receive a settlement of $50,000. Your health insurer might require you to reimburse the $20,000 it has paid you. You can have this subrogation lien reduced by an attorney, so more of your settlement does not go to the insurance company.

Collision Coverage

Collision coverage is meant to cover the cost of repairing your motorcycle if it is damaged due to an accident, whether you were at fault or not. It is particularly relevant in case your motorcycle is a total loss. Under collision coverage, your insurance company will reimburse your bike's repair cost or actual cash value, less your deductible. It may be a fast and sure means of having your motorcycle repaired or replaced without the insurance company of the party at fault acknowledging the responsibility.

Personal Suit Against the Driver

If the at-fault driver is uninsured, and you have inadequate UM/UIM coverage, you can technically sue the driver personally. If you succeed, the court will give a judgment in your favor. Nonetheless, you should be realistic about this alternative. Where a judgment is collected out of a personal judgment, it can be tough to collect on the judgment because a driver who could not afford insurance probably has little or no assets that can be levied to fulfil the judgment. This is one of the avenues of law, but in most cases, it brings minimal or no financial compensation.

The Uninsured Motorist Claim Process

Filing an uninsured motorist (UM) claim against your insurance company may be a simple way to recover. However, it is a process that is often complex and adversarial. It is important to have realistic expectations and realize that although you pay for the policy, the insurance company is out to pay as little as possible.

In filing a UM claim, you are filing a claim against yourself. The situation is the opposite of a typical accident, in which you would claim against the at-fault driver's insurance. Your insurance company will now be in the shoes of the uninsured driver, and their financial interests will be directly against yours. This may be a harsh truth to come to terms with, but it is the first step to defending yourself and knowing this dynamic. The insurer's adjuster does not come to assist you, but to investigate the claim and find any excuse to pay you as little as possible.

Typical Tricks Insurance Companies Use

Insurance companies usually use several strategies to reach their aim of a minimum payout, including:

• Lowball settlement offers — Insurance companies can make a settlement offer well below the actual cost of your injuries and other losses early in the process. They want you to take a lowball offer before you realize the full extent of your damages and accept it due to the stress you are facing from your financial burden.

• Challenging the extent of your injuries — The insurer can dispute your medical diagnoses and state that your injuries are not as serious as you have claimed or are pre-existing conditions. They may also want you to have an independent medical examination (IME) by a physician of their choice, whose report will often conflict with that of your physician.

• Shifting blame — An adjuster can attempt to claim that you were partly responsible for causing the accident, even though the police report found the other driver at fault. In Nevada, which enforces a modified comparative negligence standard, you may not recover damages if determined to be more than 51% at fault.

• Recording a statement — An insurance adjuster will request that you give a recorded statement regarding the accident. This is one of the most consequential traps of an unrepresented claimant. This statement is not meant to assist you but to have you sign on to a version of events that they can later use to find discrepancies, misinterpret, or put out of context to undermine or reject your claim.

A recorded statement is useful to the insurance company, but is it ever in your best interest? You are not legally required to record a statement in a UM claim. If your insurance company contacts you following an accident, refuse to provide a recorded statement, but do so in a polite way, until you speak with a competent personal injury lawyer. A lawyer will handle all the communication with the insurance company on your part and ensure that your rights are not violated, and you do not jeopardize your case unknowingly.

How to Value Your Motorcycle Accident Claim

It is imperative that you fully understand the value of your motorcycle accident claim so that you can secure fair compensation. A personal injury claim consists of two broad categories of damages, namely, economic and non-economic. You should identify and include both to make a strong case for recovery.

Economic Damages

Economic damages are the easiest to measure since they are direct, out-of-pocket losses. You can substantiate these costs with bills, receipts, and others. These may be significant in a motorcycle accident.

• Past and future medical bills — This covers all the medical costs from the time of the crash. This may include ambulance transport, emergency room treatment, surgery, physical therapy, prescription drugs, and long-term care. If your injuries need future treatment, a medical expert can give you a professional estimate of these costs.

• Lost wages and loss of earning capacity — You can be compensated for the wages you have already lost if your injuries did not allow you to work. You may also seek damages based on the loss of earning capacity if your injuries are so bad that they interfere with your ability to work or earn as much in the future.

• Property damage — This is the loss of repairing or replacing your motorcycle. Do not overlook the worth of all your riding equipment, which is usually damaged or ruined in an accident. This is your helmet, riding jacket, boots, and other protective gear.

Non-Economic Damages

In many cases, non-economic damages play a significant role in settling a motorcycle accident. These damages reimburse you for the accident's intangible but very real human costs. They cannot be readily added to a bill or a receipt, but they are a valid part of your claim.

• Pain and suffering — This is money to cover the physical pain and discomfort that you have suffered and will continue to suffer because of your injuries. It includes the acute pain of the crash and the chronic pain that can subsequently ensue.

• Emotional distress — This may involve the psychological impact of the accident, which may include anxiety, fear, and depression. Numerous victims of motorcycle accidents suffer flashbacks or post-traumatic stress disorder (PTSD) or fear of riding again.

• Loss of enjoyment of life — This will cover the fact that you cannot do what you used to love doing anymore. It is vital for motorcyclists who consider riding a hobby. Have you been injured so you can no longer ride, play sports, or spend time with your family like before? Then you deserve to be compensated for that loss.

• Scarring and disfigurement — Road rash, burns, and other types of injuries that arise after motorcycle accidents may cause scarring and disfigurement. It is a very personal and effective non-economic damage that may considerably influence your self-esteem and overall quality of life.

Nevada Laws that will Affect Your Case

To navigate a personal injury claim, it is best to have a clear idea of the laws that will apply to your case. Several laws in Nevada will directly affect your chances of securing compensation following a motorcycle accident.

Statute of Limitations (NRS 11.190)

The most important law to know about is the statute of limitations. Generally, NRS 11.190 allows you to file a personal injury action two years after the accident. This deadline is strict. Failing to do so will mean you will never be able to sue the responsible party again. Although insurance claims can be resolved without going to court in many cases, the possibility of a lawsuit gives you leverage. Thus, the sooner the better. You should not waste time. Engage personal injury attorneys long before this time lapses.

Modified Comparative Negligence (NRS 41.141)

Nevada follows a modified comparative negligence rule set out in NRS 41.141. This statute states that you can be compensated provided you are not determined to be 51% or more responsible for causing the accident. The percentage of your fault will be deducted from your total compensation. For example, if you have damages worth $100,000 but were found to be 20% at fault, you will only recover $80,000.

Insurance companies are fully conversant with this law and usually employ it to split their payout by attempting to transfer some or all the blame to you.

Helmet Law (NRS 486.231)

According to Nevada Revised Statute (NRS) 486.231, every motorcyclist and passenger must wear a U.S. Department of Transportation-approved helmet. Although not wearing a helmet might not have been the cause of the accident, it might be used against you by the insurance company. If you sustained a head injury, the insurer can claim that the injury would not have been so profound had you worn a helmet. This argument can be used to diminish the compensation you will be given due to your head injuries.

Find a Personal Injury Attorney Near Me

Uninsured motorist accidents on motorbikes put motorcyclists on a nightmarish path of recovery as they struggle with bodily harm, economic burden, and legal issues. A lack of insurance by the at-fault driver may seem insurmountable. However, the legal system provides avenues of justice with the help of uninsured motorist coverage and experienced personal injury attorneys. Riders need attorneys who know the specifics of this type of case, including how to deal with insurance claims and overcome motorcyclist prejudices. The right legal team can help you rebuild your life by securing fair compensation for healthcare expenses, lost income, and suffering.

Do not allow the carelessness of an uninsured motorist to be your future. You can rest assured that you have an ally in Dallas Horton & Associates to defend your rights and that you will receive maximum compensation. Take control of your case today. To secure quality, caring legal representation in Las Vegas based on your needs, call us at 702-820-5917.