A car accident can be terrifying and lead to catastrophic injuries, but motorcycle accidents are often even worse. People who are on the motorcycle during the collision usually don’t walk away without some sort of injury.
If you are a passenger who is injured in a motorcycle accident, it’s important that you know and understand all your legal options.
Who Can I File a Claim Against?
After a motorcycle accident, you may be wondering what you should do, or who you should be filing a claim with so that you can get your medical expenses reimbursed. As a passenger, there are a few different parties you may file a claim against, including:
- Motorcycle Operator – If the motorcycle operator was responsible for the accident, you may file a claim against them. Since this person is probably a family member or a close friend, you may be hesitant to file a claim against them, but it’s important to remember that nine times out of 10, their insurance will be paying, not them. Filing a claim against them is really more like filing a claim against their insurance.
- The Other Driver – The National Highway Traffic Safety Administration says that a majority of motorcycle accidents are caused by motorists who fail to see the motorcycle. You may also file a claim against the driver of the other vehicle if they were at fault.
- Manufacturer or Maintenance – If the accident that led to your injuries was the result of a manufacturing defect or negligent repair, you may decide to file a claim against the manufacturer or a maintenance crew.
- Your Own Insurance – As a last resort, you may be able to make a claim on your own insurance. If nobody was at fault or were hit by an uninsured driver, this may be your best solution.
San Diego personal injury attorney Frederick M. Dudek fights hard to protect people who are injured in bicycle accidents, boating accidents, or motorcycle accidents, and does his best to make sure they get everything they need to return to their lives.