Similar to car passengers, motorcycle passengers retain the right to seek recovery for damages when they sustain the injury in a wreck. These types of claims can be tricky though because you not only need to determine who to file your claim against, but do so within the confines of Pennsylvania’s complicated motorcycle accident laws.
Against whom do you file your claim?
The insurance company that you file your claim with or the party you file a suit against to recover your damages depends upon several factors. In many cases, you will just file a claim with your insurance company because Pennsylvania is primarily a choice no-fault insurance state. In no-fault states, injury victims just file claims with their insurers, regardless of who was at fault.
However, when victims’ injuries are severe, Pennsylvania provides that they are entitled to opt for the fault-based system, in which they pursue damages from the at-fault party. So, the next factor in determining against whom you file your claim is the fault. Who handled the accident?
If the motorcycle operator was at the blame, you have the option to file a claim with his/her insurance company. Note, filing with your insurance company might be the better choice of the two because motorcycle accident operators don’t have to carry medical coverage for passengers. Your auto insurance policy might be able to provide you with better benefits.
The cause of the motorcycle accident will help you determine with whom to file your claim. If the driver of another vehicle caused the accident, you could opt to file a claim with his/her insurer. Likewise, if a defect in the motorcycle was the reasons of the accident, then you can file a claim against the manufacturer.
What to do if You Have Problems with Your Accident Claim
When your damages are substantial, and you’re having trouble obtaining fair compensation from the insurance company, you have the right to pursue compensation by filing a personal injury suit against the at-fault party, be it the motorcycle operator, a driver of another vehicle, or a manufacturer.
If you were recently hurt in a motorcycle accident, you might want to run your case by a lawyer in your area. A lawyer will be able to explain your options in detail and help make the best choices to maximize your recovery. For legal help from an accident attorney who handles all types of injury cases including those for motorcycle passengers, contact Cordisco & Saile LLC today at 215-642-2335 and schedule a free consultation.