Many crash victims don’t know what type of crash they suffered. Before you ask an insurance company to pay your medical bills and get compensation, you want to understand what a No-Fault Motorcycle Accident is and how to deal with this situation. Collisions involving motorcycles happen regularly in the united states and many factors do contribute to the reasons. However, it is not all negative as long as you remain alive. If you were not at fault in your motorcycle accident, you have the right to seek justice. But what exactly does this mean?
The No-Fault Motorcycle Accident refers to the situation where there is no legal fault (undeterminable) between the contending parties. Instead, the claim against the negligent party falls under this type of event. It may seem like you have to go through a long process to seek justice, but it doesn’t have to be that way.
All the states are considering stricter laws regarding an individual’s right to seek justice in the event of any car or motorcycle accident. Therefore, Motorcycle owners have to help themselves with No-Fault Motorcycle Accident laws.
In this article, we have prepared a detailed guide on no-fault motorcycle accidents to help everyone understand exactly what is involved and how to seek justice in such situations.
Also Read: See How Much Your Accident Injury is Worth
What Does No-Fault Motorcycle Accident Mean?
A No-Fault motor accident is when someone in a motorcycle collision decides to sue the other party who was at fault. The law says that when an accident happens, both parties are equally responsible for paying the expenses of those injured or killed.
Such systems are standard in most states in the U.S., Canada, Mexico, and other countries worldwide. Also, cheap no-fault insurance is available nowadays due to its rising popularity and competition.
When a motorcycle accident results in injury or death, both the at-fault driver and the victim’s family are entitled to a legal judgment for damages. All states have statutes specific to Motorcycle accidents: a No-Fault Law. Three types of law determine who pays for medical expenses and funeral costs following a motor vehicle accident:
- State Statute
- Federal Statute
- Insurance Company Statute.
Understanding The Initial Laws of No-Fault Motorcycle Accident
Before you go any further, there are a few essential things to know about the no-fault motorcycle accident law.
First, If a driver causes an accident and the victim suffers injuries, they may have grounds to pursue compensation from both parties. In an instance like this, the driver’s liability is not automatically determined. Both parties have to go through an investigation for Negligence before deciding. One can only file lawsuits when the other party is at fault. For example, a driver who crashes into another motorist and causes injuries can sue for damages. In this case, you can even seek justice for minor damages like if your motorcycle is tipped over.
Second, For many people, the first step in filing a claim is understanding their legal rights. Knowing your claim type and the steps to pursue compensation is essential. It’s also important to enlist the help of a professional who specializes in this area of law and can explain your options clearly.
Settlement
Drafting an agreement beforehand avoids unnecessary delays, costs, and stress if litigation eventually becomes necessary.
In some cases, parties may be able to reach a financial settlement outside of court without having to go through formal proceedings first. However, one should always make such decisions with the guidance of an experienced attorney. It is because of many factors (e.g., witnesses’ memories, medical records).
These factors can influence whether or not you are getting the correct amount of compensation. Understanding your legal rights and what you need to do to seek compensation is crucial. In most cases, filing a claim with the insurance company or government agency is mandatory. They also have policies that deal with uninsured motorist claims. If the other driver was at fault (i.e., they didn’t have insurance), you might still be able to pursue compensation on their behalf.
If you aren’t still insured, look at the five best insurance companies in your state.
What Constitutes Negligence in a Crash?
Negligence is a legal term that refers to a person’s actions or inactions that cause harm or damage to another person. On the road, Negligence is when the other driver does not take care of their safety on the road. There are three main types of Negligence.
The first type is failure to use due care or caution; this kind of Negligence occurs when a driver does not use care or caution in driving, causing an accident. The second type is courteous and cautious driving, which results in an accident that can cause damage to your car or other vehicles. Finally, Negligence could also occur when you are talking on your phone while driving, causing an accident.
This Negligence can take the form of ordinary, criminal, or even strict liability, depending on the circumstances.
To win a no-fault motorcycle accident case, you must prove that the other driver was negligent. To do this, you will need to show that the driver was either:
- Driving too fast
- Driving without a helmet
- Operating a motorcycle without a license
- Operating a bike with a suspended or revoked license
- Failing to use a turn signal
- Failed to yield the right of way
- Involved in the accident without reason or legal authority
- Inattentive or careless
- Not using the proper driving skills
- Was unable to stop at a stop sign or red light
- Driving under the influence of drugs or alcohol
- Driving without a license
- Unsafely changing lanes
Also Check: What type of motorcycle is more prone to accidents?
What if You Cannot Locate the Driver After an Accident?
If you cannot locate the at-fault driver after an accident, filing a police report and cooperating with the police is often the best action. In this way, it will help them track down the driver and take any necessary action. You may also file a claim with your insurance carrier to establish or extend coverage.
The process is usually straightforward and routine, and most applicants receive their initial approval within one working day of submitting their application. Also, Contacting a motorcycle accident lawyer is worth it. A lawyer can help you make the best decisions for your case and protect your rights.
Please note: Many states require victims to report crashes in person. It cannot be easy to track down drivers remotely. Besides, you may need to clarify the reasons for your motorcycle crash.
How To Prove the other Party’s Fault in a Negligence Case?
After being involved in a collision, it is vital to know what evidence falls under the “no-fault.” You may feel scared and stressed out after an accident, especially if it is your first experience. Loss of income can be significant, both in financial and emotional terms. Taking proper legal advice can substantially impact your time to recover from a motorcycle accident.
In order to prove Negligence, one must have evidence that the other party was at fault. It can be challenging to do, as frequently, the reason for an accident can be unclear with uncertainty. However, a few factors can help show that the other party was responsible for the crash.
For example, if eyewitnesses report seeing the other driver speeding or driving erratically before the accident, this may be enough to prove their guilt.
Additionally, if physical evidence ( such as vehicle damage) points to the other driver being at fault, they may be more likely to compensate you for your losses.
In some cases, an insurance company might contest liability based on whether or not they believe the accident occurred by something out of your control (for example, a reckless driving violation). If this is the case, it will be up to a court to decide who is ultimately responsible. In most cases, the police will file a traffic ticket against the negligent driver and after that, they will drag the matter to the court.
You must know your legal rights and steps to obtain compensation. In most cases, filing a claim with the insurance company or government agency is mandatory. However, there may be exceptions if the other driver was at fault (i.e., they didn’t have insurance). If the other party is liable for your losses, they may be required to pay you monetary compensation.
How to Know If No-Fault Insurance Covers my Motorcycle Injury?
No-fault Insurance covers personal injury or property damage without requiring the filing of any claims. This policy typically applies when one party involved in an accident does not have proof of liability (such as unawareness). No-fault insurance can provide financial assistance to those injured. Besides, you have to make sure you had no fault that contributes to the crash (e.g., motorcycle malfunctioning, wrong turn, etc)
You should always compare the available motorcycle insurance in your state and grab the best quote.
Before anything else, you can take a look at the difference between at-fault and no-fault insurance below:
Motorcycle riders are typically covered under no-fault policies, regardless of whether they’re operating an on-road bike or a dirt bike. To be eligible for no-fault insurance coverage after a motorcycle accident, you must meet the following criteria:
- You must not have Faulty Motorcycle Equipment (FMTE) that was involved in causing the crash. It includes equipment such as worn-out brakes, improper tires, or horns/signals activated while riding your bike.
- It’s mandatory to have motorcycle insurance to be covered by no fault. In some states, all riders must carry minimum liability coverage, but this is not always the case.
- Do not take immature steps until you’ve spoken with an experienced attorney. It will help protect your legal rights and ensure you receive the full benefits of your no-fault policy.
Suppose you are not at fault for an accident and meet the above criteria. In that case, your motorcycle insurance will likely provide financial assistance to you through medical expenses, lost income, and damage to your bike.
Also Read: Odds of dying on a motorcycle
No-Fault Insurance Compensation Amount in General
A no-fault motor vehicle insurance policy must provide at least $15,000 in general damages to persons injured in an accident. However, that doesn’t mean you need the most expensive policy available. If you have got hurt in a united states accident, we can help you decide how much your claim is worth.
At first, you must file a police report with the State Police. Then, have your case heard by the state Motor Vehicle Board administrative hearing officer. Once you file your claim with the board and become eligible, we guarantee that you will receive the following minimum benefits:
- Medical expenses can include hospital bills, doctor visits, and prescriptions.
- Lost income or earning capacity during the time you are unable to work. It includes any money you would have received from your job or child support payments due to the accident.
- Damage or loss of property that is related to the crash, such as personal belongings (such as wallets)
Can I Sue for Compensation in Court? What if I Have Sustained Only Minor Injuries?
Generally, no. You must file a claim with your Motor Vehicle Board administrative hearing officer before filing any lawsuit in court. Only if the MVC administrative hearing officer decides you are not entitled to compensation can you sue for damages in civil court. Suppose you suffer only minor injuries or none at all. In that case, it is likely that your insurance company will pay all of your medical bills and lost income without requiring any legal intervention from you.
You can contact a law firm that provides free case evaluation and take informed decisions.
You can still sue even if you have suffered only minor injuries. If your case is successful, the court order could be large enough to purchase medical care and disability benefits. your no-fault insurance coverage
Whether a motorcyclist or a passenger, you can seek compensation for any injuries you suffered in a no-fault crash. The “Serious Injury” requirement under Section 5102(d) of the No-Fault Law does not apply to motorcyclists or their passengers when they sue for compensation in court.
In some cases, it is not just the driver of a vehicle causing an accident who is liable but also the manufacturer or owner of that vehicle. Your no-fault insurance coverage should cover your losses if you have suffered severe injury due to a motor vehicle accident under United State laws. You get this coverage through your selected auto insurance policy which limits your out-of-pocket costs for medical treatments and lost wages.