What does “At Fault” Mean for Motorcycle Accidents?
The state of Louisiana has the second-lowest number of registered bikes in the U.S. even though Louisiana state laws require you to show proof of minimum liability policy when you register a bike. That number is alarming and it puts you at a high risk of not getting paid for property damages in a collision when the other driver is at fault.
Louisiana is an “at-fault” state. With tort states, medical coverage only pays out after fault has been determined. That means the driver at fault uses their insurance to pay for the other driver’s bills from the collision. It is a more complicated legal process than other states who are ‘no-fault” and it poses a longer waiting period before fault is decided and a driver can get reimbursed. In Louisiana you can claim:
$15,000 for bodily injury of one person,
$45,000 for injuries of all people who have suffered in the accident,
$25,000 for property damage, and
insurance benefits from the insurance provider of the driver at fault.
To get the maximum recovery you’ll need to prove the case of negligence against the other driver. Therefore, gathering the most substantial evidence to defend your case is crucial. Police and insurance companies use the available evidence to decide who is at fault for the accident. Ask the police for help if you’re not in the position to gather the following pieces of evidence:
Records of your medical reports and bills (including medication) after the accident.
Total time away from your job and if you get laid off.
Clothing, helmet, eye protection, and any other protective gear used by you (this is required to prove your adherence to Highway Safety Laws).
Photos and videos of the accident site with details of the vehicle and driver at fault.
Statements from eye-witnesses and their contact details.
Moreover, if one is physically affected as a result of the motorcycle accident note that some medical facilities and physicians can treat you under the terms of a medical lien. This agreement allows the doctors to treat you for accident injuries due to someone else’s fault and you’re required to pay back immediately after you receive the verdict award or settlement if there is a lack of insurance involved.
If you have any questions related to motorcycle accidents contact VPS Law 📞 (504) 272-0444. Our experience can help expedite the long and arduous settlement process due to Louisiana’s at-fault status.
