Brasure Law Firm, PLLC

By: Chris Brasure

Is my Motorcycle Accident in Texas Covered by My Insurance?

Motorcycle Accidents

You’ve been in a motorcycle accident and been injured. The first, and foremost need you have is to get medical attention as soon as possible. Secondly, you need to fully understand just what your insurance will cover in your accident.

You need to know just what, and if, your health insurance company will cover minor and significant bodily injuries after your crash. Unfortunately, It’s a fact, being on a motorcycle can leave you exposed to accidents, and injury. You’ve been hit by a car, SUV, or worse a truck, and they all outweigh you and your bike by thousands of pounds. The physics can be devastating to your body, and you could be injured seriously.

You need to use the right insurance for your motorcycle accident to assure that it will cover your injuries.

I will assume, at present, that you are currently enrolled in a health insurance program. If you are not, then you will have to rely on what your motorcycle insurance may cover, and the other driver’s insurance.

Having health insurance, the first thing to do is to contact your health insurance company. You need to know your plan’s deductible, how the co-pays may work, and more. By not getting involved at once with your insurance company, you may end up paying thousands in out-of-pocket expenses.

Keep exact records of your doctor’s visits, prescriptions, and all the medical expenses you will incur, and what your health insurance covers. Usually, most professional motorcycle accident lawyers recommend that you keep a full accounting of all your settlement expenses.

You still may find that your health insurance does not cover all your accident-related out-of-pocket costs.

For example, items that do not receive health care coverage may include:

  • Property damage.
  • Lost wages that you may incur.
  • Physical pain & suffering due to your accident.
  • Emotional pain and suffering.
  • Other general expenses you will incur.

It is also wise that you, as a motorcycle rider, obtain property & casualty coverage to help cover these costs. Health insurance, usually, is the insurance used as a last resort. It should only be used when your motorcycle insurance (or the other parties’ insurance) does not cover your immediate health care needs.

You begin to see that this can be a complex and entangled legal matter. Consulting with an Edinburg motorcycle accident lawyer will help to ensure that your insurances pay what they should, that all your costs are covered, and become invaluable if you have to litigate to cover other extensive costs that can easily mount up.

What Are Examples Of My Rights After a Motorcycle Accident in Texas?

You have specific rights after your accident, and your motorcycle accident lawyer will help to make sure you receive what you deserve.

Some examples of these rights are:

  • You have the right to file an insurance claim – In Texas, motorcycle drivers & riders must carry motorcycle insurance and after your accident, you have the right to file an insurance claim.
  • You have the right to have your motorcycle compensated for – As part of your accident insurance claim, you have the right to have your motorcycle repaired or replaced.
  • You have the right to sue for and recover any fault-based compensation – In certain states, there are “no-fault” insurance laws that require accident victims to seek coverage from their own insurance companies. Texas is not one of these states.
  • In Texas, you can seek fault-based compensation for many forms of negligence, including:
  • 1.     Talking on the phone or texting.
  • 2.     Recklessly or illegally turning or merging in front of motorcyclists.
  • 3.     Speeding, tailgating, and other forms of aggressive driving.
  • 4.     Driving while under the influence of alcohol or drugs.
  • 5.     Making mistakes behind the wheel due to carelessness, and more!
  • You have the right to be treated fairly and in good faith – It’s commonly misconceived that motorcycle riders are risk-takers, and this misconception affects riders’ legal recovery process. Your insurance company may not always treat you fairly, but your motorcycle lawyer will make sure they do.

Please Note That the Extent of Motorcycle Injuries, at First, May Be Deceiving.

Motorcycle accidents can result in you having limb amputations, paralysis, and traumatic brain injuries which are all life-changing. These types of injuries are most common if you are thrown from the motorcycle during the accident. Pain and tenderness in the neck, back or head may be signs of possible severe neurological damage and may not be symptomatic for weeks or more.

Head trauma is the leading cause of death for motorcyclists involved in accidents. Ten percent of those who suffer Traumatic Brain Injuries (TBI) have trouble living independent lives and this may involve care for the rest of your life.

Your Edinburg or McAllen motorcycle accident lawyers are committed to assisting motorcycle drivers, passengers and their families cope with the consequences resulting from your motorcycle vehicle accidents and get the care and funds to which you are entitled.

What Do I Do After My Motorcycle Accident?

For you to fully cover your injuries and damages in a motorcycle accident you should follow all your doctor’s orders, file your claim promptly, consult a lawyer familiar with motorcycle accidents, and prepare yourself for a lawsuit.

Examples of certain things to do, and not to do are:

  • Never admit fault for your injuries – Even if you feel you are partially responsible for your injuries in a motorcycle accident, you should never admit fault until you and your lawyer conduct a detailed investigation.
  • Follow your doctor’s orders completely – Whatever therapy, rest, medications, or other types of treatment are prescribed, you should follow the medical instructions to the letter.
  • Make sure to have fault and Liability for your accident proved.
  • Document Everything – Including medical bills, police reports, all insurance information, your immediate symptoms, Etc.
  • Reject an immediate and unfair settlement – Your lawyer will guide you in this, and help you get a fair, just, and adequate settlement.

I’ve Had a Motorcycle Accident, How Should I Proceed?

First, get the immediate medical attention you need! As soon as possible, consult with the Brasure Law Firm PLLC. They work according to their motto, “Less clients, more attention, better results”, and have been successfully helping motorcycle accident victims and their families in Edinburg and McAllen Texas for more than a decade. Consulting with them will help you get the compensation you need and are entitled to by Texas law.

By Brasure Law Firm, PLLC