Insurance coverage is a key issue when reviewing your legal rights if you were injured in a motorcycle accident. When the at-fault driver is uninsured or underinsured, it may complicate your ability to recover compensation for your losses.
At Tomeny | Best, our motorcycle accident attorneys could help you pursue all available legal remedies in your Prairieville uninsured underinsured motorcycle accident case. You may have rights under other insurance coverage or could file a civil claim in court.
What Are Your Legal Options After a Crash With an Underinsured Driver?
The at-fault driver’s insurance is often the first option to pursue compensation after a motorcycle accident. However, many drivers carry only the minimum insurance coverage the law requires under Louisiana Revised Statutes § 32:861. A motorist must have minimum policy amounts of $25,000 for damages to property and others, $15,000 for injury or death per person, and $30,000 for injury or death per accident.
The damages from a motorcycle accident often exceed these minimum insurance amounts. In a Prairieville accident claim involving an uninsured or underinsured driver, you may also have recourse through your own motorcycle insurance if you have uninsured motorist coverage.
Navigating your rights under applicable insurance coverage after a motorcycle accident can be difficult. Insurers may look for reasons to deny a claim or limit their liability. Locate all records of your motor vehicle insurance, including policy numbers, coverage amounts, and copies of your policy terms. Our lawyers at Tomeny | Best could review these details, help you understand your rights under a policy, and handle communications with the insurance company to pursue full compensation for your damages.
Filing a Personal Injury Claim
Another option for recovering compensation from an underinsured or uninsured driver after a motorcycle collision in Prairieville is to file a personal injury lawsuit against them. A driver at fault for causing the motorcycle accident may be personally liable for your damages underLouisiana Civil Code § 2315. The seriousness of your injury and the impact it has on your life could establish a right to several types of general and special damages, including the following:
- Pain and suffering
- Diminished quality or enjoyment of life
- Losses affecting your relationships
- Medical care expenses
- Home support or maintenance care costs
- Lost wages or decreased earning capacity
The challenge with a personal injury lawsuit against an uninsured or underinsured driver is that they may not be able to pay a monetary judgment if the case is successful. Our lawyers could review the specifics of your motorcycle accident case against an uninsured driver to evaluate options for recovering compensation.
Under Louisiana Civil Code § 3493.1, you must generally file a personal injury lawsuit within two years from the date of the motorcycle accident. Filing after that deadline would likely result in a dismissal of the case and may prevent you from recovering compensation from the liable driver.
Contact Us Today About a Prairieville Motorcycle Crash Claim Against an Uninsured or Underinsured Driver
At-fault drivers who lack the insurance to cover your damages after a motorcycle accident can complicate the recovery process. Our lawyers could help you handle these claims by exploring alternative options for recovering compensation. We could evaluate a potential claim through your uninsured motorist coverage or file a personal injury lawsuit against the negligent driver. Contact our office today and schedule a free consultation to discuss your Prairieville uninsured or underinsured motorcycle accident case.