Motorcycle accidents, unfortunately, often lead to catastrophic injuries, such as broken bones, lacerations, and terrible road rash on various parts of the body. In turn, these injuries may lead to costly medical bills and time spent away from work during a period of recovery.
In the event of such an accident then, who will help pay for the costs associated with the injuries? Will one or both parties’ insurance policies provide coverage, or will the rider be forced to pursue a personal injury lawsuit for compensation?
If you have been injured riding your motorcycle in Texas, it is imperative you understand the system of personal injury protection insurance present in our state. Read through the following for a primer, and contact an experienced attorney with any other questions.
What is Personal Injury Protection?
Personal injury protection, often referred to as PIP, is a type of no-fault insurance available to all drivers in Texas. Specifically, the Texas government requires all insurance providers to offer policyholders up to $2,500 in coverage, although the policyholder can purchase more.
What exactly does PIP cover? In the event of an auto accident, a motorists’ PIP coverage will provide payments up to his or her limit for medical bills, as well as 80 percent of lost income and the cost of hiring a necessary caregiver. PIP insurance provides coverage for the policyholder’s family members and passengers, as well.
Ultimately, in the event of a crash, PIP insurance will provide benefits for a motorist, regardless of who was at-fault.
What if Damages Exceed the Amount Covered by PIP Insurance?
Of course, in more serious accidents, motorcyclists may find that the damages they sustained in the wreck exceed the amount covered in their PIP policy. For example, a motorcyclist may incur $50,000 in medical bills and lost wages, but may have a PIP policy that only covers up to $10,000. In this scenario, does the motorcyclist have other channels through which he or she can recover compensation? Here, the injured party can initiate a civil lawsuit, thanks to the “fault” system in place in Texas. Texas’ fault laws declare that drivers must pay for the accidents for which they are responsible; if an injured driver or motorcyclist wants to recover payment from the liable driver for medical bills, motorcycle repairs, or other costs, he or she may pursue a claim through the liable driver’s insurance policy, or, if the policy limits aren’t high enough, may choose to initiate a civil suit. The correct choice of action will ultimately depend on who was at fault in the accident, and the policy limits available to each party.
Let Us Help You Recover Compensation
The fault system of insurance in Texas is meant to force negligent drivers to pay for the accidents they cause. If you have been the victim of a wreck, don’t hesitate to contact us today at the Tate Law Offices, P.C., for help. We will fight to ensure you get compensated for all damages resulting from your motorcycle accident. Call us today at 888-565-7068 for a free case review.