Some motorcycles are primarily designed and manufactured to ride off road but are still ridden on the city streets. Although we don’t know what type of bike it was in the above-mentioned story, some bikes are made strictly for dirt and off-road riding while others are made to legally do both.
When any motorcycle tangles with a motor vehicle, the rider is usually more severely injured. This is because of the size and weight difference between a car and motorcycle and the lack of any substantial protection for the rider.
Who Pays for the Injuries?
In cases where the cyclist is injured and the driver of the car is at fault, then that driver is responsible for all financial losses. But what if the driver has no insurance or flees the scene and is never found? When this happens, then there are some options left open to the rider.
If the rider has their own auto insurance, and they have certain provision on their policy, then their own insurance will pay for some or all of the damages.
These provisions are:
- Medpay: This is a provision that drivers can get on their own policy that will pay for medical bills regardless of who is at fault or who is injured so long as the insured or their vehicle is involved.
- Personal Injury Protection (PIP): This works similar to medpay, but it pays medical bills and other damages like pain and suffering and loss of wages. It also pays out regardless of who was injured or at fault so long at the insured or their vehicle is involved.
- Uninsured/Underinsured (UM/UIM): Most insurance policies have uninsured/underinsured provisions that will pay those covered by the policy for all personal injury damages if the other driver is underinsured or has no insurance. This can include when a hit-and-run driver is never found, so long as they were at fault in the accident.
Family Auto Insurance Policies?
If a head of household has an auto insurance policy, it will cover anyone in the house who is a covered person named in the policy. These people of course are required to be licensed, but if they are named on the policy, then if they get injured in an accident with an automobile, then they will be covered so long as the policy have one of the three provisions (medpay, PIP, UM/UIM). If this is the case, then the policy will pay even if the person who hit them sped off as in a hit-and-run or if the driver has no insurance.
Illegal Dirt Bikes and Liability
When a rider gets in a dirt bike accident or ATV accident and is hit by a motor vehicle, a question is raised on whether they can collect under an insurance policy. The answer is yes. Even if a dirt bike rider broke the law by riding on the street, they are treated no differently by the civil courts where a personal injury case will be heard. In fact, Pennsylvania law states that any conviction or criminal charge can’t be used to determine fault in a civil case.
Do I Need an Attorney?
If you’ve been injured riding a dirt bike or other off-road vehicle after a collision with another vehicle, don’t talk to the insurance company before you talk to an attorney. Don’t rely on the insurance company and their lawyers to treat you fairly because they have a job to do, and that is to pay you as little as possible or none at all.
You need to see an attorney who can evaluate your case and give you advice based on what’s best for you. Don’t just take the word of the insurance company regarding how much you are entitled to. Call the Pearce Law Firm, P.C. at (215) 557-8686 or text at (215) 880 6164. You can also send them a message online by clicking here.