If you get hurt in a motorcycle accident while riding as a passenger, you may qualify for compensation from one or multiple insurance companies. You have the right to file your own claim or lawsuit separately from the person who was operating the motorcycle. Understanding your rights as an injured motorcycle passenger in Nevada can help you take the right next steps for your Las Vegas motorcycle accident claim.
Who Pays for a Motorcycle Crash in Nevada?
In Nevada, victims of a traffic accident have the right to seek financial compensation from the person or party at fault for causing the crash. This is known as a fault law, or a tort-based insurance system. To receive benefits from someone else’s insurance company, the victim must prove fault.
After a motorcycle accident, the party responsible for causing the crash will be liable, or held financially responsible for paying damages to those injured. This is typically a motor vehicle driver for a tort such as speeding or distracted driving, but it could be a motorcycle manufacturer, government agency or another party.
When the injured party is a motorcycle passenger, the person who was operating the bike could also be held accountable for the passenger’s injuries. The motorcyclist’s automobile insurance can be used to provide coverage for the passenger’s damages, including bodily injuries, medical bills, lost wages, permanent disability or disfigurement, and pain and suffering.
How Do Motorcycle Passenger Claims Work?
Every motor vehicle operator in Nevada, including motorcyclists, must carry required amounts of automobile insurance coverage under state law. This is currently $25,000 per person and $50,000 per accident in bodily injury insurance, plus $20,000 in property damage coverage. As an injured passenger, coverage from both involved parties (the person you were riding with and another driver) could be available to cover your damages.
After a motorcycle crash, get medical care for your injuries and do your best to gather information and evidence at the scene. You can initiate a claim in pursuit of compensation by contacting the insurer of the motorcycle operator first. Then, if the other driver is responsible for causing the crash, his or her insurer can provide additional coverage.
As an injured passenger, you most likely will not have to worry about defending yourself against allegations of fault. Since you were not one of the vehicle operators, it is highly unlikely that someone will try to blame you for the accident. However, if Nevada’s comparative negligence law is used against you by an insurance company, it is important to contact a motorcycle accident lawyer for assistance.
Should I File a Separate Accident Claim as a Motorcycle Passenger?
It may be in your best interest to file your own claim, separate from the motorcycle operator, if you were injured while riding as a passenger in Nevada. Filing your own personal injury lawsuit against a negligent party means you will not have to rely on the operator’s injury case or insurance company to cover your losses.
While every case is unique, in general, separate lawsuits for passengers are recommended if the passenger’s injuries are severe. If you suffered extensive damages because of the motorcycle crash, you do not want to risk your financial future by relying only on the rider’s case.
You have two years to file your own personal injury claim as an injured motorcycle passenger in Nevada. To discuss all of your legal rights and recovery options as a passenger, contact Koch & Brim, LLP to schedule a free consultation. Act quickly, before your time runs out.