What Insurance Is Available To A Motorcycle Wreck Victim?

 A motorcyclist hurt in a wreck in North Carolina has many insurance issues to sort out.

The most frequent type of motorcycle wreck is when a motorcyclist is hit by a car or truck.  Under these circumstances, a motorcyclist is entitled to assert a claim against the car or truck’s liability insurance.  UnderNorth Carolina law, any automobile using the streets and highways of the state is required to carry at least $30,000 of liability insurance for bodily injury coverage.  For a truck, the required insurance may be higher depending on the size and type of truck.

But what if the car or truck does not have enough insurance or is driving illegally without insurance?  This is not always the end of the line for the injured motorcyclist.  Assuming the motorcyclist has their own insurance, the motorcyclist should contact this insurance company and make a claim.  Most motorcycle insurance policies coverages will contain coverages called Uninsured and Underinsured Motorist insurance which will step in as if this were the insurance for the person who hit you.  Additionally, a motorcyclist who has a separate insurance policy for their automobile may also have a claim for Uninsured and Underinsured Motorist insurance under their auto policy.

When evaluating these insurance issues, it is critically important to know that you have looked for all available insurance to provide Uninsured Motorist and Underinsured Motorist coverage.

Occasionally, we come across a motorcycle wreck that was caused due to unsafe road conditions.  Motorcycle wrecks due to unsafe road conditions are among the most difficult to evaluate.  Depending on the type of road and who had the obligation to maintain the road, there are numerous possible types of insurance coverage.  For wrecks on state maintained highways, claims would be covered under the North Carolina State Tort Claims Act which caps recoveries at $1,000,000 for any one person.  In order to find out if there is coverage for other claims against a municipality, the injured person may need to send a request to the municipality to obtain insurance information.

Most injured motorcyclists will find it difficult to assert a claim for Medical payments coverage against their own insurance company.  Most insurance policies will contain an exclusion in the Medical Payments portion of the policy for injuries arising out of the operation of a motorcycle.

If you or a family member have been injured in a motorcycle wreck and have questions about what insurance might apply to your case, call the lawyers at Hendren & Malone for a free consultation or simply send us a question using the box on the right side of this website.

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