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In some situations, yes, it does. But first, we need to clarify whose insurance we’re talking about. If you were riding your motorcycle and a car or other larger vehicle caused an accident, we would most likely start by making a claim on the other driver’s auto insurance. Georgia requires drivers to carry $25,000 per person in bodily injury liability and another $25,000 for property damage, although these are only minimums, and some drivers will have more coverage. If you have less than $25,000 in damage to your motorcycle, the minimum coverage should pay for it.
However, there are a few potential issues you might run into:
- The driver who hit you was uninsured.
- The accident was a hit-and-run, and police have not been able to find the driver.
- You have a higher-end bike and the damages exceed $25,000, or whatever the limit of the at-fault driver’s liability insurance is.
- The other driver’s insurance company says their liability coverage doesn’t apply because you were at fault for the accident.
What Can You Do If You Have Motorcycle Accident Damage and the Other Driver’s Insurance Isn’t an Option?
There are several possibilities depending on the situation:
Use Your Own Uninsured/Underinsured Motorist Coverage
If the other driver is uninsured or unknown, UM/UI coverage should take care of your expenses up to the policy limit. Now would be an excellent time to make sure you have UM/UI on your policy. Motorcycle riders must carry the same liability insurance as vehicle drivers in Georgia, but UM/UI is not required for either. However, we recommend it for situations where the other driver doesn’t have liability coverage or can’t be located. Total loss coverage is also available as an optional add-on for motorcycles, and if you have this type of policy, it will pay the MSRP for the current model year of your motorcycle. Carried contents insurance will cover any valuables carried on or in your bike that suffer damage in an accident.
UM/UI coverage is also sometimes helpful if you have more than the at-fault driver’s policy limit in damages. A stacked UM/UI policy will pick up where the other driver’s insurance leaves off if they don’t have enough coverage for all your damages.
Consider Whether Filing a Lawsuit is Worthwhile
If you don’t have UM/UI coverage or the policy isn’t stacked, and the other driver doesn’t have sufficient coverage for your damages, you can sue them for the difference. However, this is not always the ideal solution. In situations where the other driver doesn’t have significant assets we can seize, you might win your case but be unable to collect. It could take years to get your damages paid, if ever. In these cases, we often advise against a lawsuit, as it can be time-intensive and stressful, and for most people, it isn’t worth the effort if they won’t receive their compensation in the end.
On the other hand, if the other driver has sufficient assets, a lawsuit may be an excellent way to recover your losses.
Talk with a Georgia Motorcycle Accident Attorney About Fighting the Insurance Company
Before you accept the insurance company’s decision to deny your claim, speak with a motorcycle accident lawyer to learn if there are other options. Often the driver who hit you will say it wasn’t their fault. They may remember the events of the accident differently than you do. Without much evidence, the responding officer may only have your statement and theirs to go on, and the police report could be inconclusive. Law enforcement agencies are often very busy and don’t have the time or resources to investigate each accident thoroughly.
Most agencies will make police reports on accidents available to the public within a week or two of the crash (sometimes sooner). The responding law enforcement agency’s website should have information about obtaining a police report. Often this can be done online, although a few smaller departments may require you to pick it up in person. We recommend getting a copy of the report, then calling an experienced motorcycle accident lawyer to discuss your case.
Frequently we find that the other party denied any fault, the officer found no conclusive evidence, and the other driver’s insurance company agreed that their client wasn’t at fault so they could avoid paying a claim. Insurance adjusters know that a significant number of people will simply accept this denial and pay for the damages on their own.
But you don’t have to be one of them. Your lawyer will evaluate the police report and if needed, send an investigative team to search for more evidence. We often find witnesses or uncover traffic or doorbell cameras that captured the accident. It might be possible to show the other party was at fault even if it wasn’t in the police report.
Another thing to remember is that even if you made a mistake while riding, that doesn’t necessarily mean the accident was your fault or entirely your fault. Under Georgia’s modified comparative negligence laws, you can collect damages from the other party or their insurance so long as you are less than 50 percent responsible for the accident. Also, it’s possible that you made an error, but it did not affect the crash. An experienced motorcycle accident lawyer can help you sort out what happened and who is liable for your damages.
Contact a Georgia Motorcycle Accident Lawyer Today
Evidence in your case can disappear quickly – video footage is regularly erased, witnesses leave town or forget what happened, etc. The sooner you seek help from a motorcycle accident law firm, the more opportunities we’ll have to help you.
There is no need to worry about costs. At the CEO Lawyer Personal Injury Law Firm, we know that a motorcycle accident can decimate your finances, with overwhelming medical bills and the necessity to take time off work while you heal – to say nothing of the repairs to your bike! That’s why we offer free consultations so that you can learn the options in your case with no charge and no obligation. If you decide to pursue a claim and we take your case, we won’t charge you anything until we win or settle your claim, so there is no outlay of cash when you’re still struggling with accident bills. In addition to bike repair, we may also be able to get you compensation for any injuries or other damages you’ve suffered.
Please contact the CEO Lawyer Personal Injury Law Firm to discuss your case today. Attorney Ali Awad and his team of experienced professionals will identify all options for covering your costs and recommend a course of action to secure compensation.