West Burlington Motorcycle Accident Injury Attorneys

In the wake of a tragedy, motorcycle injury attorneys become resolute advocates for riders. Specializing in motorcycle accidents, they handle legal challenges to ensure injured riders receive deserved justice and compensation.

Can I File a Motorcycle Accident Claim if I Did Not Have a Valid Motorcycle License?

If you were involved in a motorcycle accident in Iowa and did not have a valid motorcycle license at the time, you may still file a motorcycle accident claim against the other driver. Not having a valid motorcycle license doesn’t necessarily affect fault in an accident and does not preclude you from filing a claim if the other driver caused the wreck.

While you might face penalties for operating a motorcycle without a license, filing a motorcycle accident claim should follow the same procedure as filing any other accident liability claim.

How Do I Establish That I’m Not at Fault?

Iowa is a modified comparative fault state. According to Iowa’s modified comparative fault law, each driver involved in an accident may recover damages unless they are more than 51 percent responsible for the accident. So even if you were unlicensed, if your motorcycle accident claim establishes that the other driver was mostly responsible for the accident, you can recover damages.

Documentation of your motorcycle accident can help you prove fault. At the scene of the accident, you may have:
- Taken photographs
- Collected witness testimony
- Jotted down witness contact information
- Made note of the other driver’s contact information
- Obtained the name of the driver’s insurance company

All of these items will come in handy when you file a claim against the other driver. Afterward, the first thing you must do when involved in a motorcycle accident is fill out an Iowa Accident Report if the accident resulted in death, personal injury, or total property damages of at least $1,500. If law enforcement investigated the accident, the report is not required. If you’re filling out the report, return it via mail to the Iowa Department of Transportation in Des Moines within 72 hours.

Once you have filled out an Iowa Accident Report and mailed it to the Iowa Department of Transportation, you should file an accident claim. Contact the other driver’s insurance company and report the accident. You may then present the evidence mentioned above to establish that the other driver is to blame for the accident.

Will the Insurance Company Blame Me for the Accident if I’m Unlicensed?

Filing a motorcycle accident claim can be a tedious task whether or not you had a valid license at the time of the accident. The insurer may try to argue that you were at fault for the accident and may attempt to convince you that not having a valid motorcycle license is indicative of your fault. Thus, you must present convincing evidence that you are less than 51 percent at fault and that the other driver is actually to blame.

How Does Motorcycle Insurance Help Injured Riders in Iowa?

Insurance laws in Iowa require drivers to meet minimum liability coverage amounts:
- $20,000 bodily injury (for one person)
- $40,000 bodily injury (for more than one person)
- $15,000 property damage

Motorcyclists are also required to meet these minimum liability coverage amounts. In the event of an accident caused by another motorist, injured bikers may pursue a claim against that motorist’s liability coverage.

Importance of Insurance Coverage for Motorcyclists

Meeting the minimum required amounts is helpful if a motorcyclist is at fault for an accident. For better financial protection, many choose higher amounts of coverage.

In the event another driver is liable for the accident, riders cannot recover from their own liability coverage. Instead, they’d rely on filing a claim against the other driver.

However, not all drivers carry insurance, or their coverage may not be enough to pay for all damages. Some motorcyclists rely on other coverage on their policy to provide compensation for damages.

Medical Payments Coverage

Medical payments coverage is no-fault, meaning it will cover medical costs regardless of who was responsible for the accident. This can be beneficial if insurance companies take a long time to assign blame or if settlement negotiations stall.

Uninsured/Underinsured Motorist Coverage

This type of coverage pays for damages if the at-fault driver doesn’t have insurance or their coverage is insufficient. It can cover medical bills, lost earnings, and other accident-related expenses.

How Insurance Coverage Can Impact a Motorcycle Accident Claim

Having enough coverage is critical for motorcyclists, especially since these accidents can be catastrophic, requiring months of recovery or resulting in permanent disability. For example, if a motorcyclist is struck by a drunk driver and sustains significant injuries, and the at-fault motorist has only the minimum required insurance, the rider’s underinsured motorist coverage could cover anything beyond the minimum amount, up to the limits of their policy.

Additionally, if a motorcyclist is injured in a hit-and-run, uninsured motorist coverage can help pay for damages until (and if) the driver is caught.

Default May Not Be Enough: Explore Motorcycle Insurance Company Coverage

Iowa motorcyclists who don’t carry motorcycle insurance can lose their licenses if pulled over by a policeman, per the Iowa Financial and Safety Responsibility Act. Additionally, a biker can be held responsible for the full cost of all repairs and medical bills if at fault for an accident. To ensure a carefree riding experience, investigate what the motorcycle insurance company has to offer. It is more than just bodily injury and property damage liability.

A little extra money on the front end could save you thousands later when you don’t have the means to make extra cash after a motorcycle crash. Here are some optional vehicle coverage options worth considering.

Uninsured/Underinsured Motorist Coverage

While you may carry insurance, not all drivers do. If you’re in an accident caused by another driver, their insurance may not be enough to pay for your injuries. Purchasing uninsured/underinsured motorist coverage helps ensure your damages are paid in an accident caused by someone else.

Comprehensive and Collision Coverage

Comprehensive coverage pays for damages that occur to your bike for things other than a motor vehicle accident, such as:
- Flood
- Fire
- Vandalism

Collision coverage helps cover repair costs if you’re involved in an accident caused by colliding with another object, not another motor vehicle.

Medical Expense Coverage

Medical expense coverage is valuable as it will pay for medical expenses for you and any passengers in an accident, regardless of who caused the wreck.

Roadside Assistance Coverage

If you have an accident, run out of gas, or experience a breakdown, roadside assistance coverage provides free towing. Excursion diversion insurance, sometimes called interrupted trip insurance, pairs well with roadside assistance coverage. It provides lodging, food, and transportation if an accident occurs more than 100 miles from your home. If you follow this pre-ride checklist for bikers, you may not need to use roadside assistance frequently.

When Damages are So Severe that Insurance Coverage is Not Enough

Despite many auto insurance options for motorcyclists, sometimes the damages from an accident are so severe that insurance alone is not enough. In such cases, consider filing a personal injury lawsuit to recover the total cost of all damages incurred. In Iowa, a claim must be filed within two years under Iowa Code 614.1.

Consulting a Motorcycle Accident Attorney

The toll from severe motorcycle injuries can encompass substantial medical expenses and long-term care costs for victims and their families. Lost wages may compound matters, especially if employment becomes unrealistic for an extended period. Getting help from a motorcycle accident attorney allows the pursuit of comprehensive compensation, from financial damages and emotional distress such as pain and suffering.

Victims of these accidents should seek consultation with a motorcycle accident attorney, as damages may be extensive and recovery of compensation is important.

At Walker, Billingsley & Bair, our motorcycle accident attorneys can represent you in dealings with your insurance company, or when filing a personal injury claim. Set up your consultation now by calling 641-792-3595.