Motorcycles are more likely to get into accidents than any other motor vehicle. According to Insurance Information Institute, in 2015, there were 88,000 motorcycle accidents injuries. Knowing your options as a passenger on a motorcycle involved in a motorcycle accident is important. It is critical for the rider of a motorcycle to have proper motorcycle insurance. Most biker clubs have discounts for motorcycle insurance to avoid being denied damages under California Proposition 213.
What Insurance Coverage do Motorcycle Rider’s Need Under Proposition 213?
Under California law, riders of motorcycles must be insured with liability coverage. This means that the passengers in a motorcycle accident would be covered for property damage and bodily injury caused by the rider. This coverage does not cover the damages of the rider, unless it has comprehensive coverage, usually coverage for property damages only. Thus, if rider is at-fault and has liability and comprehensive insurance coverage, then rider’s insurance will cover passengers personal injuries and rider’s property damages only.
Uninsured or Underinsured Motorist Coverage. This coverage applies when rider is not at-fault and the at-fault opposing driver’s coverage is nonexistent or insufficient. In this scenario, the rider and the passenger can make a claim for injuries towards the rider’s uninsured (in case of no coverage) or undersinsured(in case of insufficient coverage) motorist coverage.
Medical Payments Coverage. Here the rider’s insurance company will cover for medical expenses irrespective of fault up to the Medical Payments coverage limit, usually anywhere from $1000-$10,000.
Can Motorcycle Accident Passengers Riding in the Hot Seat Recover for Injuries?
The motorcycle passenger, or urban for “b&tch seat” or “riding b&tch” can claim for compensation for injuries sustained as a result of the motorcycle crash from any and all responsible parties by proving fault. This is why riders are required to have a insurance policy that will cover the passengers’ injuries. Although claiming injuries against someone you know, possibly a BFF or sweetheart, may or may not be ideal, it is important to understand that you are not going after their piggy bank, as their insurance company will “indemnify” and pay for the injuries up to the coverage limit and save the day! Hopefully. And hopefully you never have to find out, but if you are reading this, we highly recommend speaking to a Motorcycle Accident Attorney before doing or speaking to anyone. Whatever you say or do will be used against you and your sweetheart no matter what seat you riding.
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KAASS LAW is authorized to practice law in California. The above content is intended for California residents only. This content provides only general information which may or may not reflect current legal developments. KAASS LAW expressly disclaims all liability in respect to actions taken or not taken based on any of the contents of this website. The above content DOES NOT create an attorney-client relationship. KAASS LAW does not represent you unless you have expressly retained KAASS LAW in person at the KAASS LAW office.
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