Bondurant Motorcycle Accident Injury Attorneys

What Iowa Motorcyclists Need to Know About Insurance Coverage

Many Iowa motorcyclists carry the minimum insurance required by law and assume that their policy will be enough to protect them if something goes wrong. That assumption can be costly. Under the Iowa Financial and Safety Responsibility Act, motorcyclists who do not carry proper insurance can lose their licenses if pulled over, and a rider found at fault for an accident can be held personally responsible for the full cost of all repairs and medical bills involved. Getting the right coverage on the front end is worth investigating carefully.

Standard motorcycle insurance goes beyond basic bodily injury and property damage liability. There are several optional motorcycle insurance coverage options that Iowa riders should understand and seriously consider before hitting the road.

Uninsured and Underinsured Motorist Coverage

Not every driver on Iowa roads carries insurance, and even those who do may not carry enough to cover the full cost of injuries they cause to a motorcyclist. Uninsured and underinsured motorist coverage addresses both of those gaps. If you are involved in an accident caused by another driver, this type of coverage helps ensure that your damages are actually paid, regardless of whether the at-fault driver has sufficient insurance of their own. For motorcyclists, who face a much higher risk of serious injury in any given collision than the occupant of an enclosed vehicle, this coverage is especially valuable.

Comprehensive and Collision Coverage

Comprehensive coverage pays for damages to your motorcycle that occur outside of a motor vehicle collision. This includes losses caused by flooding, fire, and vandalism. Collision coverage, by contrast, covers the cost of repairs when your bike is damaged in an accident involving a collision with another object, not another motor vehicle. Together, these two types of coverage provide a much broader safety net than basic liability insurance alone.

Medical Expense Coverage

Medical expense coverage is one of the most valuable options available to Iowa motorcyclists. It pays for the medical expenses of both the rider and any passengers in the event of an accident, regardless of who was responsible for causing the crash. Given the severity of injuries that commonly result from motorcycle accidents, having medical expense coverage can make a significant difference in the financial impact a crash has on a rider and their family.

Roadside Assistance and Excursion Diversion Coverage

Roadside assistance coverage provides free towing in the event of an accident, a breakdown, or running out of gas during a ride. For longer trips, excursion diversion insurance, sometimes called interrupted trip insurance, is a natural complement to roadside assistance coverage. It provides riders with lodging, food, and transportation when an accident occurs more than 100 miles from home. Following a pre-ride safety checklist can reduce the likelihood of needing these coverages, but having them in place provides important peace of mind when the unexpected happens.

When Insurance Coverage Is Not Enough

Despite all of the coverage options available to motorcyclists, there are situations where even a strong insurance policy is not enough to fully compensate an injured rider. When the damages from a motorcycle crash are severe enough that insurance alone cannot cover the total cost, filing a personal injury lawsuit may be the right path forward. Under Iowa Code 614.1, a claim must be filed within two years of the date of the accident. Waiting too long to act can result in losing the right to pursue compensation entirely, which is one of the most important reasons to speak with a Bondurant motorcycle attorney as soon as possible after a crash.

Suing a Safety Equipment Manufacturer for a Defective Product

Riders who do everything right, wearing a helmet, protective jacket, gloves, and other proper safety gear, may still suffer serious injuries if that equipment is defective. Manufacturers of defective products are liable for the injuries they cause. If you were wearing proper safety gear during a motorcycle accident and your injuries were caused or made worse by a defect in that equipment, you may have the right to file a product liability claim or lawsuit against the manufacturer, in addition to pursuing a claim against the driver responsible for the crash.

Types of Liability in a Defective Safety Gear Case

Product liability claims can be built on several different legal theories, and more than one may apply depending on the circumstances of the defect and the injury. An attorney can evaluate which of the following apply in a specific case.

• Negligence. This means the manufacturer failed to exercise proper care. The company had a legal duty to take steps to make the product safe, and it did not fulfill that duty.
• Failure to warn or misrepresentation. This occurs when a manufacturer makes promises about a product that it does not live up to, or when a manufacturer conceals known hazards associated with the product rather than disclosing them to consumers.
• Breach of warranty. This applies when a manufacturer does not honor its stated claims about the product, or refuses to stand behind warranties or other promises made to consumers.
• Strict liability. Under this theory, a manufacturer can be held liable for any injuries caused by a defective product regardless of fault, simply because the manufacturer is responsible for the products it puts into the marketplace.

What Must Be Proven in a Defective Product Claim

Filing a product liability claim against a motorcycle safety gear manufacturer requires proving several specific elements. All of the following must be present for a viable claim to exist.

• Injuries or financial losses occurred. There must be real, documented injuries or financial losses. A lawsuit cannot be filed without bona fide harm having taken place.
• The product contains a manufacturing defect. This can be straightforward to prove in some cases. In others, the injured party may need to demonstrate that the product was manufactured improperly, that its design was fundamentally flawed, or that it contained dangerous components that were not properly labeled or disclosed to consumers.
• The defect directly caused the injury or loss. The defect must be shown to have directly contributed to the injury sustained. This causal connection can be difficult to establish, which is one reason why having an experienced attorney in your corner is so important.
• The product was used for its intended purpose. The product must have been used in the way the manufacturer intended. A defective helmet worn while riding a motorcycle, for example, would satisfy this requirement. However, if a rider wore a helmet that was not designed or recommended for motorcycle use and it failed to provide adequate protection, that situation likely would not support a product liability claim, because the product was not being used as intended.

Can You Trust the Insurance Company After a Bondurant Motorcycle Accident?

Iowa alone has more than 100 insurance companies selling policies that range from personal injury coverage to workers' compensation. People generally purchase insurance to protect themselves against future loss, but paying a premium to an insurance company does not mean that company will look out for you when a claim arises. This is a distinction that many injured motorcycle riders learn the hard way.

Some people believe that if they are injured, their own insurance company will go after the responsible party on their behalf. That is not how it works. While an insurance company may attempt to recover what it paid out for property damage, it is highly unlikely to pursue a personal injury claim on your behalf. And if you are dealing with the insurance company of a driver who injured you, the reality is even more important to understand clearly.

There are five things every injured motorcycle rider should know about dealing with insurance companies after a crash:

1. The insurance company is not representing you or your best interests. It is representing itself.
2. The insurance company is not required to tell you the truth.
3. The insurance company is in the business of making the most profit possible, which means paying out as little as possible on every claim.
4. An adjuster may be friendly and courteous in their interactions with you, but that friendliness does not mean the adjuster is looking out for your interests.
5. Insurance companies sell insurance and do not like paying claims. Their entire operational structure is oriented toward minimizing what they pay.

Five Practical Tips for Protecting Your Motorcycle Accident Claim

Knowing how insurance companies operate is the first step. Knowing how to protect your claim throughout the process is what follows. The following five practices can make a meaningful difference in the outcome of your case.

1. Tell the truth at all times. Anything you say can and may be used against you by the insurance company and its attorneys. A single inconsistency, even a small one, can damage your credibility in ways that are very difficult to overcome. Always telling the truth means you never have to worry about keeping your story straight.

2. Be careful and deliberate when speaking with adjusters. Insurance companies have trained professionals working for them. When you are dealing with an adjuster, watch what you say carefully, because statements made early in the process can be used against you later. Having a motorcycle accident attorney handle communications with the insurance company on your behalf removes this risk entirely.

3. Document your damages thoroughly. Keep a diary or journal of how you are feeling from the time of the accident forward. Recording your pain levels, physical limitations, missed work, and the day-to-day impact of your injuries gives you a concrete record that supports the full extent of your damages. Keep all doctors' excuses for missed work, track the time lost to medical appointments, and retain every medical bill and explanation of benefits form you receive.

4. Be thorough and complete at every medical appointment. The medical records generated during your treatment are among the most important pieces of evidence in your case. Tell your doctors, physical therapists, and other medical providers everything that hurts. Every complaint that goes unmentioned is a gap in your medical record that the insurance company will use to argue your injury is less serious than it actually is. If a new symptom emerges weeks after the crash and you have not been reporting it to your doctor, the insurer will argue that it is unrelated to the accident and reduce their settlement offer accordingly.

5. Attend all medical appointments consistently. Gaps in treatment send a signal to insurance companies, and eventually to judges and juries, that you have recovered. Failing to follow up with your doctor regularly is treated as evidence that your injuries are no longer a problem. If your doctor recommends following up as needed, that means returning in a few weeks if you are still experiencing difficulties. Consistent treatment demonstrates the ongoing nature of your injuries and keeps your case on solid footing.

Consulting a Bondurant Motorcycle Accident Attorney

The toll from severe motorcycle injuries can encompass substantial medical expenses and long-term care costs for victims and their families. Lost wages may compound matters, especially if employment becomes unrealistic for an extended period. Getting help from a motorcycle accident attorney allows the pursuit of comprehensive compensation, from financial damages and emotional distress such as pain and suffering.

Victims of these accidents should seek consultation with a motorcycle accident attorney, as damages may be extensive and recovery of compensation is important.

At Walker, Billingsley & Bair, our motorcycle accident attorneys can represent you in dealings with your insurance company, or when filing a personal injury claim. Set up your consultation now by calling 641-792-3595. 

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