As he was riding his Harley, a car pulled out in front of him.  He braked suddenly, and had to lay the bike on the road.  Unfortunately, the motorcyclist still hit the front fender of the car.  This catapulted him over the vehicle at least 50 feet in the air.  He landed on his head and shoulder.  He suffered multiple fractures to his legs, pelvis, arm, low back, shoulder dislocation, and a traumatic brain injury.  The guy was lucky to be alive.

It turned out that the driver was 19 years old and unemployed.  He had no insurance on the car.

In Washington, there is a type of auto insurance called Uninsured or Underinsured Motorist coverage.  This is coverage that will protect you if you’re hit by an uninsured driver.  In Washington, UM/UIM coverage must be offered on your vehicle unless you reject it in writing.

Unfortunately, the mandatory UM/UIM coverage does not apply to motorcycles.  This means you must specifically request UM/UIM coverage on your bike, or it will not be offered. Most motorcycle riders are not aware of this.  They think if they get “full coverage” it means they are fully protected.  Not so.

The most important type of insurance coverage a motorcycle rider can get is UM/UIM.  This is because more often than not the other driver either does not have insurance, or does not have enough insurance.  The injuries to motorcycle riders are usually much more serious (for obvious reasons).  That means the medical bills are usually a lot higher – sometimes several hundreds of thousands of dollars. 

The guy who was seriously injured on his bike was understandably upset.  Without insurance, there was nothing I could do for him.  Unfortunately, I get similar calls from other motorcycle riders at least a handful of times each year.

If you are a motorcycle rider, please, please, please…. Call your insurance agent right now and ask for UM/UIM coverage with the highest limits  you can afford. You will be doing yourself, and your family, a very big favor.

After several months of investigation, information and records gathering, and numerous discussions with the insurance adjustor, the claim was settled for the auto driver’s policy limits.  The DLG client was very satisfied with the efforts by Chris Davis and the Davis Law Group staff on his behalf.

You can watch the client’s testimonial of the Davis Law Group here: 

Satisifed Motorcycle Accident Victim Settles Case l Davis Law Group l Seattle Motorcycle Attorney

The Seattle law firm of Davis Law Group regularly represents motorcycle accident victims all over the state of Washington.  If you wish to speak to a Seattle motorcycle accident attorney for free, please call the Davis Law Group at 206-727-4000.

We offer our sincere condolences to the motorcyclist’s family. 

Motorcycle accidents involving wrongful death are complex and may raise several questions involving insurance coverage, damages and liability for the accident.  Hopefully the Centralia police is completing a comprehensive investigation, obtaining witness statements, taking measurements, and photographing the scene.

Unfortunately, I see too many motorcycle accident cases where the motorcyclist does not carry adequate insurance coverage.  Unlike automobile drivers, Washington law does not require certain types of mandatory insurance coverage for motorcycle operators, like Uninsured Motorists and Personal Injury Protection coverage. 

If you operate a motorcycle, please make sure you have full coverage, including UM/UIM, PIP and liability coverage with limits of at least $300,000.  When a motorcyclist is involved in an accident, often times the injuries and/or damages are much more severe so greater coverage is often necessary to make sure you have adequate protection.

In wrongful death cases, there must exist certain statutory beneficiaries, or surviving relatives, of the deceased to pursue such a claim.  There are first-tier and second-tier beneficiaries, and their damages may be limited in certain situations. 

First-tier beneficiaries include a surviving spouse, children, step-children, and registered domestic partners.  Second-tier beneficiaries include parents and siblings.  But the law states that second-tier beneficiaries must be financially “dependent” on the decedent at time of death.

There are other legal requirements in a wrongful death action, like the requirement that a Personal Representative be appointed by the court.  Furthermore, a claim for economic and noneconomic damages must be adequately supported by expert testimony, and sufficient documentation.

Davis Law Group has substantial experience handling wrongful death accident claims in Washington state.  DLG recently settled a wrongful death case for $4 Million that was featured on KOMO 4 News.

According to eyewitness accounts, the woman who was riding the motorcycle a badly injured leg.  The two other vehicles involved were a Toyota Prius and a 1974 Ford Maverick. At least one eyewitness reported that sun glare may have contributed to the accident.  The late afternoon sun may have affected visibility at the intersection.

No details of the accident have been released by the police.  However, one witness states that the Prius was crossing the intersection from the east and apparently did not see the motorcyclist coming up the hill.  The motorcyclist was hit and she flipped over onto the pavement.  More than one witness reported that the motorcyclist’s left leg was severely injured and “pretty mangled.”  They also state that the motorcyclist remained conscious at the scene.  She was transported to a near-by hospital for immediate medical attention.

Unfortunately, my office has been retained on many more motorcycle accident cases over the last 12 months, including those involving scooters and mopeds.  I think the increase has been due, partly at least, to more people driving motorcycles as a cost cutting measure compared with the cost to drive a car.  This was especially so when we saw gas go up to $4/gallon.

The problem with motorcycle accident cases is that the injuries are usually much more catastrophic and serious.  The reason is obvious since a person will not be protected as well in a crash compared to someone who is inside a typical car.  For this reason, it is usually wise to consult with an experienced life care planner in the event a civil claim or lawsuit is instituted.  There are a handful of these experts that I consult with regularly.  A life care plan is a detailed analysis of what medical and non-medical needs may be present over the course of the injured person’s life to help deal with the effects of the injuries.

Another problem I see with motorcycle accident cases is the matter of insurance.  There are mandatory insurance coverage protections for people who operate a car.  But these do not apply to motorcycles.  For instance, if you buy insurance for a car the insurance company is required by law to offer certain types of coverage like no-fault medical and uninsured motorist.  These types of coverages are extremely important and go a long way to protecting individuals who have been severely injured in car crashes.  Unfortunately, these types of coverages are not required to be offered on policies that cover motorcycles.  Yet these coverages are most needed for people who operate motorcycles given the high incidence of catastrophic injuries in motorcycle accidents.  Often a person who has been severely injured in a motorcycle accident does not find out that their insurance is woefully inadequate until after that person has been severely injured in a crash.  Then it’s too late.

My concern for the female motorcyclist injured yestterday is whether she has adequate insurance to pay for all of her medical treatment.  What if the owner of the Prius does not have enough insurance to pay for all damages?  Unless the motorcyclist specifically asked her insurance company for underinsured motorist or no-fault medical coverage, these protections will not be available.

I always tell people who are avid motorcycle riders: Please check and review your insurance policy.  Make sure you have uninsured/underinsured motorist coverage and no-fault medical coverage (also called Personal Injury Protection or PIP).  If you don’t, ask your carrier to issue these coverages and preferably in very high amounts, like $300,000 or more.  I’ve handled serious motorcycle accident cases where the medical bills exceed half a million dollars.  So this type of coverage is absolutely necessary.

To answer these questions, I usually talk about how accident victims are wholly unprepared for the insurance company claims process.  In fact, I’ve described it as “entering into a war zone.”  This is because the insurance company, and its high-paid lawyers and doctors, go to extraordinary lengths to defend, delay and deny legitimate personal injury claims.  When I say legitimate, I’m talking about claims where there is no dispute that another person caused injury to another person according to the treating healthcare providers.  In automobile injury cases, it may be a rear-end accident where the person suffers ongoing neck and back pain. Yet, many times the insurance company takes the position that no injury occurred, or if one did, it should have resolved within a few months.

The phrase “war zone” is what I use to describe how everything a personal injury victim does and say will be heavily scrutinized by the insurance company and its lawyers.  The truth does not matter.  Let me say that again because it is incredibly important and surprising to many: THE TRUTH DOES NOT MATTER. 

All that matters to the insurance company is if there is any fact or circumstance where an argument can be made to defeat or substantially minimize the claim.  Even innocent statements by the victim to his or her doctor can be attacked by the insurance company and exploited or taken out of context to support the carrier’s defense.  Initial statements at the scene like “I’m OK,” or “I feel fine” are often used by the insurance company doctors to suggest that the injured person is lying about an injury or exaggerating symptoms purely for financial gain.  Statements to the doctor that the accident “was minor,” or “not that bad” or “just a fender bender” are often used to the carrier’s advantage.

What is a personal injury victim to do?  Well, for starters, you need to become aware of how adversarial the process is.  This doesn’t mean you will get into fights or arguments with the adjustor.  In fact, usually the other person’s insurance company representative appears incredibly helpful, nice, accommodating, and friendly.  Most people don’t realize how adversarial the process is until many months or even years later when it comes time to try and settle the claim.

You need to realize that the type of treatment you receive, the frequency of treatment, and statements you make to your healthcare providers can all be used against you.  You’d be surprised at some of the positions taken by insurance company doctors in an effort to help deny the severity or existence of the injury so the carrier can pay less money out to settle the claim.  For instance, often times the insurance company physician will rely on old injuries or back pain 10 years ago to suggest that the current symptoms or problems are due to a pre-existing condition and not the accident that is the subject of the lawsuit.

Does every personal injury claim need a lawyer?  Absolutely not.  In fact, that is one reason why I wrote my book.  So those people who decide not to hire a lawyer will at least have some information to help them during the claims process.  Most reputable personal injury lawyers will tell you whether a claim is too small to justify the expense of a lawyer.  I usually say this to a handful of people every month and advise them to settle the case on their own because they are likely to receive more money in their pocket than if they were to use a lawyer.

Yet when the injuries appear serious, or when the medical treatment charges rack up, then more is at stake for the personal injury victim.  I tell injured victims that when more is at stake, you may be better off hiring a lawyer to represent you.  If more is at stake and you decide to represent yourself, you take the chance that you will make a mistake during the claims process which could cost you a lot of money and headache.  When the injuries are serious and potentially permanent or long-lasting, then I’ve found that most people don’t want to take chances.  They usually want to make sure that they achieve the best possible result in their claim, whether that means a good settlement or a good jury verdict.  In those cases I recommend that a person hire an experienced, trustworthy and reputable personal injury for guidance.

The type of insurance that motorcycle riders must have is called Uninsured/Underinsured Motorist (UIM/UM) Coverage. This coverage is designed to protect a motorcycle rider in the event he or she is injured in an accident that is caused by another driver who is either uninsured or underinsured. Many motorcycle riders mistakenly believe that they will be protected under the insurance policy that covers the automobile. Not so. Most auto policies have exclusions for coverage of a motorcycle. Often times the policy specifically states that a motorcycle must be covered under a separate policy. I can’t tell you how many times I’m contacted by a severely injured motorcycle operator who only purchased simple liability coverage of just $25,000 based on the erroneous assumption that if he or she is injured on the motorcycle then the auto policy will kick in to provide more coverage. This person is usually surprised and upset when I tell him or her that the auto carrier will not provide this coverage and that the separate policy covering the motorcycle is woefully inadequate.

There are other problems with insurance for a motorcycle. Under current Washington law, an auto insurance company must provide you with UM/UIM coverage and no-fault medical coverage when you purchase a policy that covers a normal motor vehicle (i.e., car). You can decline this coverage, but the insurance company must record your rejection in writing. If you later need this type of coverage and the carrier cannot provide you with a copy of your written rejection then the carrier is still legally required to provide the coverage (even if you really did reject the coverage when you purchased the policy). Unfortunately, this “written rejection rule” does not apply to motorcycles. Thus, if you want UM/UIM coverage on a motorcycle you must specifically ask the insurance company for this type of coverage. Many insurance companies don’t voluntarily offer this coverage to motorcycle owners.

UM/UIM coverage is extremely important for motorcycle riders. If a motorcycle operator is ever in an accident caused by another vehicle, the injuries are often serious if not catastrophic. Even a typical “fender-bender” that may be harmless between two motor vehicles can nonetheless produce debilitating and permanent injuries to a person if that “fender-bender” involves a motorcycle. The normal crash protections afforded to occupants of a motor vehicle are not present to motorcycle riders. Thus, motorcycle crash victims have a statistically much greater chance of suffering more severe injuries if they are ever in an accident. More serious injuries will produce much more medical expense and wage loss. Hence, motorcycle accident victims are likely to need much more money to cover the losses caused by an accident.

Here’s an illustration of just how financially devastating a motorcycle accident can cause when the rider fails to purchase an adequate motorcycle insurance policy. I was recently contacted by the family of a man who was severely injured while driving his motorcycle. Another driver traveling in the oncoming direction made a left turn at an intersection on a solid green light and failed to yield the right-of-way to the man driving his motorcycle. The motorcycle smashed into the front end of the car and was propelled nearly 50 feet ahead. He landed on the ground, broke his helmet and was knocked unconscious. His injuries were life-threatening. He also shattered one of his legs, which nearly had to be amputated. He was in the ICU at Harborview Medical Center for nearly 7 months. His medical bills exceeded $700,000. The other driver was clearly at fault, but she only had a $100,000 liability insurance policy issued by State Farm, not nearly enough to pay for the other man’s damages and medical bills. Although this motorcycle driver had a separate auto insurance policy with $1 Million in coverage, he did not purchase a separate policy with UM/UIM coverage for his motorcycle. This meant that the most he could ever collect from the other driver was her $100,000 insurance policy. Had this man purchased UM/UIM coverage for his motorcycle, he would have had additional money to pay for his medical bills.

I could not help this motorcycle accident victim because without adequate insurance there was virtually no chance the at-fault driver was financially able to pay this man’s damages, which I estimated to be more than $2 Million Dollars. In the end, I believe the man had to use his retirement savings and his family was also considering filing for bankruptcy. The $700,000 bill from Harborview Medical Center virtually wiped this man out financially, even when he was not at fault for this terrible accident.

My message to all motorcycle riders is this: Please, review your motorcycle insurance policy. If you do not have UM/UIM coverage, you need to get it. If you already have UM/UIM coverage, then please increase your coverage as much as you can afford. If I owned a motorcycle, I wouldn’t driver it without having a $1 Million insurance policy in place. Don’t take any chances by riding your bike without UM/UIM coverage.