Your Rights
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Regardless of who is at fault for a motorcycle accident, your insurance company is responsible for paying your initial medical expenses (up to policy limits).
You are entitled to money to replace lost income from work, or to pay for someone else to complete your household chores if you are unable to do so due to injuries sustained in the motorcycle accident.
If your bike is damaged in a motorcycle accident, and it requires repair or replacement, you are entitled to a rental car if you are not at fault.
Semi-trucks and other commercial vehicles have a greater duty to be careful on the roadways and are often more responsible for injuries and damages that they cause from improper driving.
If you are injured, you are entitled to money for past, present and future pain and suffering. This amount can be limited depending on which state you live. However, in Arizona, there is no specific limitation on the amounts you can recover for pain and suffering.
Even in non-motor vehicle accidents, if you are injured as a result of someone else’s negligence, you are entitled to money to compensate you for pain and suffering.
The What Ifs
What if I did not tell the officer that I’m truly hurt?
Due to the fact that you have just had an accident, which has given you a large amount of stress plus an adrenaline rush, your brain may be masking the fact that you are actually injured.
What if the next day I could barely move; is it too late to make a claim for my injuries?
Due to the fact that you have just had an accident, which has given you a large amount of stress plus an adrenaline rush, your brain may be masking the fact that you are actually injured.
What if it was several weeks before I started having problems with my back and neck?
Again, this is a very common occurrence, especially if you had more obvious pain at the time of the accident (such as a hurt arm or leg). Many times, the brain will only register the worst pain (such as scrapes and bruises) and it may not “tell you” that a more serious back or neck injury has occurred.
What if there was only minor body damage to my bike?
The injuries you will have occurred primarily as a result of two things: 1) the contact with your body with some other object (usually the ground or the car that hit you); or 2) a rapid change in the speed of your body from front to back or side to side (i.e., whiplash).
What if I was not wearing my helmet?
By not wearing a helmet, you have not violated any laws in the State of Arizona. However, this may result in an argument from the insurance company that you contributed to your own injuries and are partially at fault when compared to the other driver.
What if I did not hit my head yet I am still having severe headaches?
What if I did not hit my head yet I am still having severe headaches? Your brain can be injured, with or without hitting your head. This again is due to the “whiplash” effect which occurs due to rapid acceleration and deceleration forces.
What if it was a family member or my best friend who was the driver and I was merely the passenger on the bike?
Although it is not fun suing a friend or family member, somebody needs to pay for your injuries. In reality, these people are normally insured, and therefore you are not suing them, you are suing their insurance company.
What if the other driver is uninsured?
If you have insurance on your motorcycle, then the fact that the other driver is uninsured will usually not prevent you from recovering for your injuries. Chances are that your policy was sold to you with “uninsured motorist” coverage.
What if I do not want my insurance rates to go up?
If the accident was not your fault, then your insurance rates should not go up. Merely filing a claim for uninsured or underinsured motorist coverage will normally not affect your rates. However, if your insurance company does raise your rates, you can simply transfer to another insurance company.