If you’re a motorcycle lover, you enjoy sharing the thrill of the ride with others.If you own a bike, it probably goes without saying that you’ve had someone ride with you at some point.
Whether you are the owner of the motorcycle with a passenger or a passenger yourself, it is important to know passenger’s rights if a motorcycle accident occurs.
Am I covered as a passenger in a motorcycle accident?
Many people don’t realize they have rights as a passenger in both a car and on a bike. Even if you’re not the operator of the motorcycle, you still have protection under the law.
Understandably, if an injury happens from a motorcycle accident, you may be worried about filing a claim against a family member or a friend. Don’t let this stop you from helping yourself. By protecting your own rights, they aren’t going to suffer. Oftentimes, your own insurance will cover you if you’re injured as a passenger in an accident.
What if I’m injured as a motorcycle passenger and don’t have insurance?
If you don’t have insurance and you’re injured, you will need to file a motorcycle accident injury claim to cover your medical expenses and other losses. Many people wrongly believe they have to sue their family or friend for this claim and then don’t seek out the help of an attorney . The claim is made with the insurance company.
The only time someone is personally liable to pay out is if they’re sued personally to cover expenses above and beyond what the insurance will pay. Most lawyers will not sue someone in their personal capacity unless they have the money. Otherwise, a lawsuit will end up being worthless because the amount can’t be collected.
Another reason that holds people back is so the insurance premium doesn’t go up. This is going to happen whether you make a claim or not. If the accident reported (which it should have been), the rider’s insurance premium is going to go up.
While the thought is noble to protect family or a friend, you need to make sure you’re watching out for your health and future. If you don’t follow through with medical care, you could end up with lifelong problems. If you get medical care, but don’t file a claim, medical bills can add up quickly and lead to significant financial problems. It’s hard enough to deal with that decision, but then insurance companies have tricks they play that only add to the stress.
Whether you’re a rider or a passenger, know your rights
If you own the bike and your spouse rides with you or you ride as a passenger as a friend, it’s very important to know your legal rights. Motorcycles offer the thrill-seeker great rides, especially in fantastic weather, but also are much more susceptible to serious injury or even death.
Make sure to be knowledgeable about what your insurance covers. It is extremely important to make sure that before you buy a bike and get on it to ride, that it’s insured. It’s very easy to think that you’re policy has you covered, but then there is an exclusion for motorcycles. Also make sure that the amount you select is going to be enough to cover potential injuries to yourself and a passenger. Most times, the California state minimum is far below what is needed in a motorcycle accident.
If you were in a motorcycle accident and would like to know more about your rights as a passenger, give us a call at (916) 619-5452 or fill out our form online. We’d be happy to go over things with you and help to evaluate a potential claim.
