When you have been injured in a motorcycle accident, the experience of the attorney you choose to represent you can have a major impact on the outcome of your case. Most people are not motorcycle riders, and they may not understand what it is like to ride. They may not understand how often motorcycle riders are put in dangerous situations by other drivers. Often times, motorcycle drivers are not seen, or other drivers fail to respect the amount of space a motorcycle rider needs to be safe.
MOTORCYCLE OPERATOR ALERT!
As attorneys who have practiced many motorcycle cases, we feel it is important to notify the public about certain aspects of Kentucky insurance law which affect motorcycles. In Kentucky, if you are driving a car or truck and have purchased insurance in this state then you automatically have coverage known as “No-fault” coverage. This is also sometimes referred to as “PIP” coverage. If you are injured while in your vehicle, this coverage automatically pays your medical expenses and a portion of your lost wages, and certain other claims, regardless of who is at fault. By law, this coverage is a minimum of $10,000.00.
The name “No-fault” is misleading. “Fault” for the accident still matters, and if another vehicle operator was at fault for your accident, then his or her insurance company must ultimately reimburse your insurance company for the payment of those no-fault benefits.
MEDICAL EXPENSE WARNING FOR MOTORCYCLISTS
Unfortunately, motorcycle operators are treated differently under Kentucky law. If you are operating a motorcycle and are involved in an accident–even if the accident was the fault of the other driver–you forfeit your right to claim any medical expenses which you incur for treatment for your injuries up to $10,000.00, unless you purchased optional no-fault insurance separately when you bought your motorcycle insurance.
Typically, the motorcycle operator does not buy the optional no-fault coverage. Indeed, many insurance agents do not say anything at all about this optional coverage. More importantly, what your insurance agent might also fail to tell you is that if you do not buy the optional no-fault coverage when you purchase your motorcycle insurance, you forfeit your right to recover the first $10,000.00 of your medical expenses from the driver at fault for any future accident when you are operating your motorcycle.
For example, let's say you are operating your motorcycle and another car runs a red light and strikes you, and you are injured, and as a result you incur medical expenses totaling $15,000. In this case, the most you can actually claim against the other driver at fault is $5,000. The first $10,000 of medical expenses is not paid by any vehicle insurance, and it remains your responsibility–even though you were not at fault!
So what can you do about it?
The answer is remarkably simple and easy–and again, is something that your insurance agent often fails to advise you about: You can complete and sign a form, published by the Kentucky Department of Insurance, which allows you to reject Kentucky No-fault Coverage when you are operating your motorcycle. That way, if you are injured in an accident while you are operating a motorcycle and accumulate medial bills, you can claim all medical bills from the driver at fault for your accident, not just bills over $10,000.
FREE SERVICE TO THE PUBLIC
Here at Fowler Law Group, we have these Kentucky no-fault rejection forms on file and we are offering a free service to motorcycle enthusiasts throughout the area. If you contact our office and make an appointment, our attorney will meet with you and make certain that the Kentucky no-fault rejection form is properly completed and mailed to the Kentucky Department of Insurance as required by law. We will also mail a copy to your insurance company and your insurance agent, and provide you with a copy as well. Further, we will retain a copy in our files as proof that the rejection was filed properly and in accordance with the law.
We will maintain records of your filing in our office so that, should you be injured on your motorcycle, you can contact us to assist you in notifying the parties involved in your accident that your rejection is on file in Frankfort and that you are entitled to recover all of your medical expenses and not just expenses over $10,000.
Again, this service is offered as a public service. It is free of charge and it is free of any future obligation to our firm. It is simply a means by which our attorney can help prevent the loss of vitally important rights for people injured on motorcycles.
HELMET LAW WARNING
The Fowler Law Group also wants to warn the public about Kentucky’s helmet law. KRS 189.285 provides that the following motorcycle operators must wear a helmet:
1. All operators or passengers on a motorcycle who are under twenty-one years old;
2. All operators who have an instructional permit, but not a license;
3. All operators who have had a motorcycle operator’s license or a combination motor vehicle-motorcycle operator’s license for less than one year.
If you are injured in an accident, even if it is caused by another driver, the money you recover can be reduced because of your failure to wear a helmet as required by this law. So please be careful about this!
ATTORNEY SPEAKER FOR YOUR MOTORCYCLE CLUB OR ORGANIZATION
In addition to the foregoing services, our attorney, Kelly Fowler, will be happy to appear before your club or group and speak about other motorcycle issues under the law. For example, we will explain and recommend other insurance coverages which can be purchased at low cost which will greatly enhance your money recovery in the event of an accident.
For too long, our state government has enacted laws which disfavor motorcyclists and hide the bad effects to the operator if he is injured on his motorcycle. We have found that almost all accidents are caused by the other drivers, not the motorcycle operator. We think it’s time you know your rights!
For questions about these or any other matters involved motorcycles, please don’t hesitate to call us at (270) 926-6616 or contact us online. We will be happy to assist you, and the consultation is free.
Attorney Kelly Fowler has helped many injured motorcycle riders over the course of his career. He understands what evidence needs to be presented to help clients obtain the full compensation they deserve for their injuries and other types of damages, such as lost wages.
Having that experience on your side is important, because so often motorcycle accidents cause some of the most catastrophic injuries, such as:
We also assist families who have lost loved ones in fatal motorcycle accidents.
At Fowler Law Group, PLLC, we are committed to helping injured motorcycle riders and their families effectively pursue the compensation they need and deserve. Recovery can be a long road. The cost of medical care and other financial burdens such as lost wages can create real stress and anxiety for people, when they should instead have the freedom to focus on regaining their health.
That's why we work to relieve our clients, to take the weight off of their shoulders so they can look ahead, instead of worrying about their case. Luckily, our decades of combined experience and skill in the courtroom can help you secure the compensation you need and deserve.
You cannot afford to work with an attorney whom you do not fully trust has the ability to meet your needs. Come in and discuss your situation with us, and you'll see we will work hard to earn your trust. To schedule a free initial consultation with one of our skilled personal injury attorneys, call 270-926-6616 or contact us online.
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Fowler Law Group, PLLC, in Owensboro, KY, also serves clients in Henderson, Hartford, Beaver Dam, Madisonville, Central City and throughout all of Western Kentucky and Southern Indiana. DISCLAIMER: This is an advertisement. Nothing in this website is intended to be legal advice. Contact our skilled attorney for actual legal advice.