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What rights do motorcycle passengers have after an accident?

On Behalf of | Mar 13, 2020 | Firm News

It’s motorcycle riding weather again in Kentucky.  Of course, wearing a helmet and protective clothing are two ways to protect yourself.

The owner of the motorcycle should also invest in good insurance. Some riders also carry an ID card on them. This card lists the names and phone numbers of people to call should they be involved in a serious  accident. Helmet cameras are also being used by some motorcycle drivers. One thing that is not always clear to motorcycle passengers is their rights and options after an accident.

Am I suing my friend if I get injured?

The short answer is no. Maybe you’re in your in 20s and it’s a warm, sunny, beautiful spring day. A friend invites you to go out for a ride on his motorcycle.

You’re heading out to KY 192 and car turns in front of you. Your friend can’t stop in time. Because you do not own a motorcycle, or even a car, you have no insurance. But the last thing you want to do is sue your friend, who is also injured.

The truth is you file a claim a bodily injury claim with the insurance company, not your friend. That is the reason your friend has insurance in the first place, to cover the cost of any injury to himself and riders and damage to his bike.

Why you might need to file a claim

You could be facing thousands of dollars in medical bills, lost time from your job or studies and possibly even a year or more of physical therapy depending on your injuries. Thinking that you don’t want to file a claim with your friend’s insurance company because you don’t want to hurt your friend’s feelings is not reasonable. Your friend bought insurance and paid the premiums exactly so that he and his passengers would be protected should something like this happen.

As a word of caution: If you are unsure as to your rights as a passenger, speak with a Kentucky personal injury attorney before you speak to any insurance company. Personal injury cases are taken on a contingency fee basis so it should not cost you anything to work with an attorney. You only pay if the attorney or firm wins your case. Then you pay a percentage of a settlement (an agreement that is reached out of court) or verdict (what you are awarded if your case goes to court).