Yes, health insurance generally covers motorcycle accident injuries. However, there is a caveat.
When the negligence or recklessness of another party caused the motorcycle accident, your health insurance is not the first payer. Before your own health insurance will pay your bills, your motorcycle accident insurance kicks in, followed by the at-fault party’s insurance. Only then does your health insurance come into play.
If you receive a settlement or jury award that includes your medical costs, your health insurer may seek reimbursement for your medical expenses from the at-fault entity.
What your health insurer will cover after your motorcycle accident depends on your policy details. A Los Angeles motorcycle accident lawyer at Salamati Law can help you during this difficult time by reviewing your policies and determining what is and is not covered, as well as dealing with insurers so you can focus on recuperation.
How Health Insurance Applies to Motorcycle Accident Injuries
It is not unusual for a serious motorcycle accident to generate hundreds of thousands or more in medical bills for emergency treatment and surgery. Additional surgeries over time or rehabilitation costs can more than double the initial cost.
Health insurance is often the third insurance provider for medical expenses after the rider’s own coverage and that of the at-fault driver. It is possible that the victims’ injuries are so extensive that they will need all three sources to pay for the ongoing medical costs.
Medicare or Medicaid
If Medicare or Medicaid is your health insurer, your medical bills are covered. However, expect both government agencies to require repayment if you receive damages from the at-fault driver’s insurance company.
What Medical Costs Health Insurance May Not Cover
Some of the most common motorcycle accident injuries are catastrophic, meaning the victim will never recover fully and will always be impaired. These include traumatic brain injuries (TBI). Since California mandates the use of DOT-approved helmets for all motorcyclists, if the injured motorcyclist was non-compliant, some insurers may minimize or even deny claims.
The victim is also responsible for paying the deductible on their policy. For California motorcyclists, that deductible averages about $1,000 although it may be higher or lower depending on how much the policyholder wants to lower their premium or assume more risk.
Co-pays and other out-of-pocket expenses quickly add up. Keep careful track of all bills relating to your accident, including transportation to and from doctor’s appointments or physical therapy.commend pursuing a legal claim for damages. Typically, it is the insurance company that ends up paying the damages award.
Other Insurance Sources That May Apply to Your Claim
Keep in mind that your motorcycle accident insurance is the go-to for the initial payment of medical bills.
In California, motorcyclists must carry a minimum coverage of $30,000 for bodily injury or death of one person, $60,000 for bodily injury or death for more than person in an accident, and $15,000 in property damage. This coverage does not apply to the injured motorcyclist, but to those injured in the crash if the motorcyclist was at-fault.
It is strongly recommended that motorcyclists also carry uninsured and underinsured motorcyclist coverage. California law requires that motorcyclists must decline in writing if they do not want this protection.
Hit and run accidents happen frequently with motorcycles. Purchasing Uninsured Motorist Bodily Injury insurance provides coverage if you are the victim of a hit and run and the driver is never found.
When the At-Fault Driver’s Insurance Comes into Play
While health insurance may pay the bulk of your medical bills, it does not pay for non-medical losses, such as:
- Lost wages
- Loss of earning capacity
- Property damage
- Pain and suffering
You may receive that compensation, or damages, by hiring an attorney and filing a motorcycle accident lawsuit if the other party was at fault.
Even if you were partly at fault for the collision, under California’s pure comparative negligence standard regarding liability, you can still file a lawsuit. Any compensation is reduced by your percentage of fault as determined by an insurance adjuster, judge or jury. For instance, if you were deemed 25 percent at fault, a $100,000 settlement or award is reduced to $75,000.
Speak with a Motorcycle Accident Attorney Today
If you were seriously injured in a motorcycle accident caused by another party’s negligence, you need the services of an experienced Los Angeles motorcycle accident lawyer at Salamati Law. Insurance companies are notoriously biased against motorcyclists, and you need an attorney who can protect your rights and negotiate with the insurance company for the compensation you deserve.
Schedule a free, no-obligation consultation today. We work on a contingency basis, so you pay no fee unless you receive compensation.
