Peosta Motorcycle Accident Injury Attorneys

A motorcycle crash near Peosta can leave a rider or passenger with serious, life-changing injuries in a matter of seconds. Unlike drivers in enclosed vehicles, motorcyclists and their passengers have little protection between themselves and the road, which often means more severe injuries, more complicated insurance questions, and more pressure from adjusters trying to limit what they pay. Riders often assume that because they carry insurance, or because the other driver carries insurance, their medical bills and lost income will simply be taken care of. In reality, coverage limits, disputes over fault, and insurance company tactics can all stand between an injured rider and a fair recovery. Understanding how motorcycle insurance works, what your rights are as a rider or passenger, and how insurance companies operate can help protect your recovery after a motorcycle accident in Peosta.

Can a Passenger File a Motorcycle Accident Claim in Peosta?

Motorcycle accident victims who were riding as a passenger on a friend's bike can file an injury claim against the at fault party. This claim will either fall under the motorcyclist's own insurance policy or against another party, such as the driver of a passenger vehicle, largely depending on who was at fault for the accident and the type of coverage available.

When the driver of the motorcycle is at fault, his or her coverage might pay for a passenger's injuries. If another party caused the accident, the passenger may instead file a claim against that party's insurance. Bodily injury liability coverage would apply up to the limits of the policy involved.

Minimum Motorcycle Insurance Requirements in Iowa

In Iowa, motorcyclists are required to carry a minimum of 20/40/15 coverage, meaning $20,000 in bodily injury liability for one person, $40,000 in bodily injury liability for all injuries in a single accident, and $15,000 for property damage. Many motorcyclists and motorists choose to carry higher limits, and some carry medical payments coverage, which pays for medical care regardless of who was at fault. A passenger injured in a Peosta motorcycle accident may even use his or her own coverage to initially pay for treatment before recovering compensation from the at fault party.

When Insurance Coverage Is Not Enough

Sometimes the at fault party's insurance simply is not enough to cover everyone's losses. For example, if a driver runs a red light and strikes a motorcycle, both the passenger and the motorcyclist may be injured. If that driver carries only the state minimum coverage, the $40,000 bodily injury liability limit may not be enough to address everyone's damages. When insurance is not enough, it may be possible to file a lawsuit against the party at fault, whether that is the motorcyclist or the driver of another vehicle. While minor insurance claims can sometimes be handled without an attorney, filing a lawsuit typically requires legal representation.

A motorcycle passenger who has been seriously hurt may be able to recover damages beyond medical and hospital costs and lost wages, including pain and suffering, disability, and emotional distress. Talking with an attorney can help injured passengers understand the full range of compensation that may be available to them.

Exploring Motorcycle Insurance Coverage Beyond the Minimum

Iowa motorcyclists who do not carry motorcycle insurance risk losing their licenses under the Iowa Financial and Safety Responsibility Act if they are pulled over. A rider can also be held responsible for the full cost of repairs and medical bills if found at fault for an accident. For Peosta riders, it is worth taking a closer look at what a motorcycle insurance policy actually offers, since coverage options go well beyond basic bodily injury and property damage liability.

Uninsured and underinsured motorist coverage is one option worth considering. Not every driver carries insurance, and even when they do, their coverage may not be enough to pay for your injuries following an accident they caused. Purchasing uninsured or underinsured motorist coverage helps ensure your damages are paid even when the at fault driver cannot fully cover them.

Comprehensive coverage pays for damage to your bike from causes other than a motor vehicle accident, such as flood, fire, or vandalism. Collision coverage, on the other hand, helps pay for repairs if you are involved in an accident caused by colliding with another object rather than another vehicle.

Medical expense coverage is one of the most valuable options available to Peosta riders, since it pays for the medical expenses of both the rider and any passengers involved in an accident, regardless of who caused the crash. Roadside assistance coverage is another option worth considering, providing free towing if you break down, run out of gas, or are involved in an accident while riding. This type of coverage pairs well with excursion diversion insurance, sometimes called interrupted trip insurance, which provides lodging, food, and transportation if an accident occurs more than 100 miles from home.

Despite the many insurance options available to motorcyclists, sometimes the damages from an accident are so severe that insurance alone is not enough. When this happens, filing a personal injury lawsuit may be the only way to recover the full cost of your damages. In Iowa, a claim generally must be filed within two years under Iowa Code 614.1.

What Insurance Companies Don't Want Peosta Motorcycle Accident Victims to Know

Insurance companies are among the richest and most powerful corporations in the country, and they spend heavily to limit the rights and compensation available to injured people. What they cannot control is the judge or jury that ultimately decides what your case is worth. Based on experience handling injury claims, here are several things insurers would rather Peosta motorcycle accident victims never find out.

First, the insurance company is legally allowed to be less than truthful with you. There is no law requiring an adjuster to act in your best interest or tell you the truth. This is why some adjusters play a friendly role, building trust that has little to do with actually helping your claim. Their real job is to pay you as little as possible, and adjusters who keep settlements low are often rewarded for it.

Second, you are not required to give a recorded statement. Adjusters often claim they need one to evaluate your claim, but that is not true. Recorded statements are typically used to lock riders into answers that can be twisted later. An offhand answer to a question about prior injuries can be used against you if your medical history tells a different story. Your credibility matters greatly in a motorcycle injury case, which is exactly why an adjuster may try to damage it early.

Third, a so called final offer is often not the insurance company's best offer. If you are told this is as high as it goes, there is little harm in countering. It is unlikely they will withdraw compensation entirely, and sometimes it takes filing a lawsuit to reach their true bottom line.

Fourth, insurers sometimes intentionally frustrate claimants. A very low initial offer is designed to make you angry enough to just accept it so you stop dealing with the process. Do not let frustration push you into a settlement that undervalues a serious motorcycle injury.

Fifth, in a personal injury case the insurance company generally will not pay your medical bills as they come in, even if it tells you to send bills their way. This is often a strategy to pressure riders into a cheap settlement once collection calls begin. It is usually better to have medical bills paid through your own health insurance or medical payments coverage while a motorcycle accident claim is pending, since resolution against the at fault party can take time.

Talk to an Attorney About Your Peosta Motorcycle Accident

Some motorcycle accident victims have difficulty knowing what type of legal action to pursue after a crash. Filing an insurance claim, even a relatively minor one, requires dealing with an insurance company that may use a variety of tactics to avoid paying what a claim is truly worth. This is one more reason it is usually a good idea to consult with an attorney after a motorcycle accident in Peosta.

Consulting a Peosta 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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