What Will Happen With My Insurance After a Motorcycle Accident in Sacramento?

Start Collecting Information From the Moment the Motorcycle Accident Happens

Many California motorcycle accidents end with cyclists being seriously injured or killed. Clearly, in these cases gathering evidence and information is not going to be possible, so for now, we’ll hope and pray that if you are involved in a motorcycle accident, you’re not too badly banged up.

If you’re able to think clearly, get your hands on a pen and paper and start writing. Get as much of the following information as possible:

• If another vehicle was involved, get the driver’s full name, license number, phone number and insurance details.
• If a car was involved and contained passengers, ask them for their names and numbers as well.
• If your cell phone survived the crash, get it out and start taking pictures of the vehicles involved and any damage done.
• If the police get involved, ask for the police officer’s business card or their name and phone number. They might come in useful, and it’s very good information to have for your motorcycle accident lawyer.

Motorcycle Accident Attorney: What is the Best Insurance Coverage?

Motorcycle riders have very specific insurance needs. Because motorcycle riders are so much more vulnerable to accidents and injuries than passenger car occupants, it is important that motorcycle riders have the right coverage to protect them in the event of a crash.

Sacramento Motorcycle Accident Attorney: Motorcycle Injuries and Death Rates

Although motorcycle riders may be very good drivers, they are still far more statistically likely to be hurt or killed in an accident than any other group of drivers or passengers. According to the Centers for Disease Control, in 2008 the rate of motor-vehicle crash deaths reached an all-time low for car or light truck occupants. However, motorcycle deaths reached an all-time high that same year. In fact, motorcycle-related deaths doubled between 1999 and 2008.

In the seven years between 2001 and 2008, more than 34,000 people were killed in motorcycle-related crashes. Another 1.22 million were treated in emergency rooms for injuries related to motorcycle accidents. Motorcycle accidents primarily affected people in the 20 to 29-year-old range, but older riders are also being increasingly injured as the population’s median age increases and older people begin riding motorcycles for recreation in greater numbers.

Perhaps most disturbing is the increase in motorcycle death and injury rates. Between 2001 and 2008, the death rate for motorcycle riders increased 55 percent and injury rates increased 46 percent.

Motorcycle Accident Attorney: Insurance for Sacramento Motorcycle Riders

Just like a car, a motorcycle must be insured to operate legally on California highways. Under California law, every motorcycle rider must carry a minimum of $15,000 per person and $30,000 per accident in personal liability insurance and $5,000 in property damage liability. This is known as “minimum coverage” and meets the state requirements for financial responsibility. However, anyone who has ever experienced any type of car accident knows that these limits are in no way realistic for an accident that involves any injuries or damage to vehicles. In fact, California has some of the lowest minimum insurance requirements in the country.

Because the state minimums are so low, motorcycle riders may want to consider taking out more insurance than the law requires. Besides increasing liability and property damage limits, motorcycle riders may also want to purchase:

• Medical payment or PIP coverage. PIP or personal injury protection provides payment for medical bills for the rider and anyone riding with him or her at the time of the crash. This insurance works in conjunction with applicable health insurance policies to cover riders and passengers for all healthcare needs without high deductibles.
• Uninsured motorist coverage. Because of the high number of uninsured motorists on the roads, having uninsured and underinsured motorist coverage is very important. It is crucial that you provide a way to pay your expenses if you are hit by a person without any insurance coverage since it is possible that the driver will not be able to pay your expenses.
• Collision coverage. Collision coverage pays for the damage to your motorcycle no matter who causes an accident. This is important coverage if you have an expensive bike or cannot afford large repair bills.
• Comprehensive coverage. Comprehensive covers your motorcycle for everything that is not related to an accident. If your bike is stolen or damaged by fire, flood or even an earthquake, comprehensive coverage will pay.

It is important that you have the right coverage for your motorcycle, but it is even more important that you have the right support to collect damages if you are injured by another driver’s negligence. If you have been the victim of a motorcycle crash, contact a personal injury attorney immediately.

Visit Our Motorcycle Accident Lawyers Offices in Sacramento, CA

If You’re Not at Fault, You’ll Want to File a Claim – Motorcycle Accident Attorney

Now let’s go on the assumption that the other driver caused the accident. You think you won’t be blamed because the at-fault driver told you they had not been paying attention and will sort you out and they’re just glad you’re ok. You go home, because you’re sore but not feeling too badly apart from some scratches and scrapes.

It’s hard to describe how many mistakes are mentioned in the previous paragraph. For example:

• It’s extremely common for at-fault drivers to admit liability at the scene (often in the hope that you won’t then call the police) only to recant their admission later on.
• By going home without first seeking medical help, you have already potentially damaged two things, namely:

1. Your future health — many motorcycle accident injuries take days or even weeks to fully manifest themselves. No matter how minor you think your injuries might be, any accident victim should get checked over by a doctor or trained medical provider.
2. Your insurance claim — insurance companies use software programs to help them determine how much to offer as a settlement if one of their clients was involved in a crash. If you don’t get help immediately and certainly within 72 hours of the accident, you are severely downgrading your chances of receiving a fair settlement, no matter how serious your injuries end up being.

Motorcycle Accident Attorney: California Insurance and Other Requirements

Other Requirements for Motorcycle Riders

Operators are also required to wear an approved safety helmet at all times when operating the vehicle or riding as a passenger on one.

Failure to wear a helmet may result not only in a fine but also in the cancellation of your liability insurance policy depending on the company’s practices.

Motorcycle riders are also required to have a special license in order to legally operate a motorcycle on California roads. All motorcycle riders under 21 are required to complete a safety course before applying for a motorcycle license, and those over 21 are strongly encouraged to do so. Those with motorcycle learner’s permits, which are required for six months prior to obtaining a license, cannot drive a motorcycle at night, on the freeway, or with passengers.

What Can I Do If I Am Injured in a Sacramento Motorcycle Accident?

Wearing a helmet and avoiding alcohol use may prevent many motorcycle accidents. However, not all motorcycle accidents are due to motorcycle operator error; in fact, about half of them are due to a car driver. If a motorcycle rider is injured due to another driver’s negligence, he or she has the right to collect damages from that driver.

Those who are injured in motorcycle accidents may suffer physical and mental trauma and are often able to collect compensation for both types of injury. Motorcycle accident victims may collect damages for:

• Medical bills. Medication, emergency room treatment, surgery, physical therapy, hospitalization and doctor’s visits may all be payable as part of medical damages.
• Property damage. Victims are also entitled to compensation for the damage to their motorcycles and personal property.
• Emotional trauma. Victims are entitled to payment of pain, suffering and emotional trauma. These damages may be more difficult to value monetarily but victims are entitled to collect compensation in part for these types of injuries.
• Living expenses. Lost wages and increased living costs are also recoverable as part of a personal injury lawsuit for those injured in a motorcycle accident.

An attorney may be able to help you recover these types of damages if you have been the victim of a motorcycle accident.

If You Caused The Accident, You Might Want To Consider Not Filing A Claim At All

By all means, get advice from a motorcycle accident lawyer, but if you think you caused the accident or had the lion’s share of the blame for it, the fact is you may be better off not filing a claim at all. Try to get an estimate for repairing your bike before contacting your insurance company. It will give you a good idea of whether you should even bother putting in a claim.

Even if you were at fault for the accident and the other driver files a claim against you, that doesn’t mean you automatically have to file a claim to fix your own bike. You might be far better off fixing the bike yourself. For starters, you can take as long as you need to get your motorcycle back on the road.

Damage Estimates…They’re Not The Same As For Cars

When a car is damaged in an accident, an insurance company will often insist that you take the vehicle to a specific location to get an estimate. This isn’t usually the case with motorcycles, and that can work in your favor.

You might be able to shop around and find parts that are considerably cheaper than those that would be used by the main dealer—the place where you bought the motorcycle. Cheaper estimates are better for you, whether you decide to fix the bike yourself or to file a claim with your insurance company. The less they have to spend, the better your chances that your premiums won’t go through the roof the following year.

Once you have your estimates, get the bike back from the shop as quickly as you can. Then be prepared to start negotiating with the insurance companies—yours if you were at fault, or the at-fault driver’s company if you were an innocent victim. Here’s what you need to remember:

• Get a copy of the shop’s repair estimate and keep it on hand.
• Keep the motorcycle in your possession, as this ensures any insurance adjuster will have to see the bike on your terms.
• Get every piece of paperwork relating to the motorcycle out, organized and at the ready at all times. This includes the receipt from your purchase of the bike, to your insurance policy, receipts for any accessories (helmets, leathers, etc.), and the current NADA and KBB estimates of your motorcycle’s value.

If you were injured in the accident, and feel it wasn’t your fault, pass copies of all the above documentation to your motorcycle accident lawyer. After that, they could do much of the negotiating with the insurance company for you.

If the insurance company says the motorcycle was totaled in the wreck and they offer you a ridiculously low replacement figure, you’ll have to do some serious negotiating, especially if you borrowed money to buy the motorcycle and are still paying it off. This is where you show the insurance company the NADA current valuation for your make, model and year of motorcycle.

In a total loss settlement with your own insurance company, the negotiated figure will be paid to you less any deductible on your policy. So, for example:

• Bike was worth $3,700 when it crashed
• Deductible is $500
• Total payment received will be $3,200

If you still owe the bank money for the motorcycle, and again assuming you’ve negotiated the highest possible settlement value for the bike, the figures above could look something like this:

Clearly, dealing with insurance companies after a motorcycle accident is a complicated process. If you weren’t at fault in the accident, the at-fault driver’s insurance company will do their best to pay you as little as possible for your bike.

If I Purchased Collision Coverage on My Motorcycle in Sacramento, Are All the Extras, Accessories, and Customization That I Added Covered?

A motorcycle accident is very traumatic but sometimes motorcyclists are lucky to escape with minimal physical injuries. However, in such cases, the motorcycle rider often suffers loss of a vehicle that may be customized and worth a significant amount of money. It is almost unheard of for a motorcycle accident to result in no physical or property damage, so most motorcyclists have some type of claim if they are hit by another driver or wreck their bikes themselves.

My Collision Policy Covers Replacement of My Motorcycle – Right?

Unfortunately, many insurance policies do not cover customization or accessories on a motorcycle. There are ways to prevent the unpleasant discovery that your motorcycle insurance policy does not cover your damages, however.

• Understand the purpose of different types of insurance policies. It is best to be educated before you purchase a motorcycle insurance policy on exactly what you are getting. If you are unsure, ask your agent questions. Briefly, liability insurance covers you for fault if you cause an accident that injures someone else. Collision coverage pays for the damage to your motorcycle within policy limits if you are involved in a crash and the other person’s insurance does not pay, as in the case in which you were at fault or the other driver left the scene. Uninsured motorist coverage pays for claims when the other driver does not have insurance. Comprehensive coverage pays for things such as theft, fire or flood that are not accident-related.
• Discuss “gap” coverage and accessory coverage when you purchase your policy. Do not assume that your collision coverage will pay for special accessories or customization. The best way to approach insuring your motorcycle is to figure out the value of the bike with the additions and customization’s and compare that to what the policy says it will pay. Often, there is a disparity in these two figures. In that case, you can discuss the cost with your agent to add a rider to the policy that specifies the amount that will be paid if you wreck your bike. Gap coverage is useful if you financed your motorcycle and it could be worth less in “book value” than what you owe.
• Explore alternative forms of insurance. Many custom-car insurers and specialty insurance companies offer low-cost policies that are tailored to the owner who likes to add hard-to-value accessories and customization’s. Talk to a specialty insurer if your bike is highly customized or has very unique features that would be hard to replace.

If you have an experienced and knowledgeable Sacramento motorcycle accident lawyer working on your behalf, the odds are much better that not alone will you receive a more reasonable settlement figure for your motorcycle, but you should also receive a settlement that will cover your medical expenses, lost wages and any future treatment you might need, as well as compensation for your pain and suffering and potential future loss of income.

Call Sacramento Motorcycle Accident Attorney at Demas Law Group, P.C.

If you are hit by another driver and that driver’s insurance company fails to pay your property damage bills, you may want to speak to a skilled Sacramento motorcycle injury attorney. A lawyer may be able to help you negotiate a settlement with the insurance company that pays for your medical expenses, repairs to or replacement of your motorcycle, and a sum for your pain, suffering and inconvenience related to the crash.

This literature may be considered attorney advertising or an offer of professional services, according to rule 1-400 Rules of Professional Conduct by the State Bar of California. The information does not constitute a guarantee, warranty or prediction regarding the outcome of your potential legal matter.