Posts Tagged ‘motorcycle’

Make Sure Your Kentucky Accident Attorney Is An Experienced Trial Attorney

Saturday, July 11th, 2009
Hire An Experienced Trial Attorney

Hire An Experienced Trial Attorney

Not everyone involved in a Kentucky car, truck, or motorcycle accident will need a Kentucky Accident Attorney.  However, if you have suffered lost wages, incurred serious medical expenses over $1,000.00, or have been left permanently impaired or unable to work, you will.  If you are in need of a qualified accident attorney, you might wonder; “What type of attorney should I hire?”, or “What separates the many attorneys I see advertising?”

There are many factors to consider in retaining a qualified accident attorney; however, probably the most important factor that separates most accident attorneys is trial experience.  Trial attorneys, also called litigators, are attorneys who have experience in handling accident or injury claims that have resulted in a lawsuit at the courthouse.  While all experienced attorneys will try to settle your Kentucky accident claim, every claim has the potential to result in a lawsuit.  Only if you and the insurance company agree will your claim be settled.

Many accident attorneys will gladly sign up your case and attempt to settle it; however, you will quickly find that once settlement negotiations break down, they quickly refer your case to an entirely new attorney to handle the lawsuit.  So, if you are seeking a Kentucky accident attorney, make sure that your Kentucky accident attorney is an experienced trial attorney, who is willing to file a lawsuit to fight for your rights to compensation when the insurance company refuses to be fair.

Does Your Kentucky Car, Truck, or Motorcycle Accident Attorney Know Insurance Law?

Monday, June 15th, 2009
Does Your Kentucky Accident Attorney Know Insurance Law?

Does Your Kentucky Accident Attorney Know Insurance Law?

You see many advertisements for car, truck, or motorcycle accident attorneys in Kentucky promising to, “get you the compensation you deserve.”  However, nothing is mentioned about the insurance companies or policies from where this money comes.  Lawyers and most sophisticated clients know that the money will come from the insurance company for the party at fault for the accident if he or she has one and from the injured party’s insurance company if he or she doesn’t.  But simply because an accident attorney knows where to get the money doesn’t mean they know how.

Many accident attorneys will settle your claim with the insurance company without knowing what your case is worth.  They may demand entirely too much or even worse, seek to settle your case for too little.  Some might not even be able to describe to their client’s why they think you should settle for a particular amount offered by the insurance company.  If the insurance company refuses to pay due to some policy exclusion or coverage defense, then that attorney may be unsure how to fight for you to make sure that the insurance company is being fair.

Make sure that your car, truck, or motorcycle accident attorney knows insurance law and understands insurance policies, their specific coverages, and exclusions to coverage.  Retain an experienced car, truck or motorcycle accident attorney with a proven record of handling injury claims and one with knowledge of insurance companies and their practices and procedures.  Don’t get less or worse nothing, because your Kentucky accident attorney doesn’t know insurance law.

Do You Have To Insure Your Moped Or Scooter?

Monday, April 27th, 2009

When gas prices hit an all time high last summer, many people purchased a moped or scooter for transportation. Scooters have since become ubiquitous. With the recent explosion in popularity has also come a larger variety of styles and models.  Scooters are now bigger and faster than ever before.  If you own a moped or scooter or are thinking of buying one, you should know whether or not your moped or scooter needs to be insured.  If you fail to insure your moped and you are injured you might not be entitled to certain compensation and you might be subjected to criminal penalties as well.

Motorcycles are specifically exempted from Kentucky’s no fault reparations scheme.  Is you moped also exempted?  Well, it depends.  Kentucky law provides for the payment of certain PIP benefits if you are injured while operating a motor vehicle.  However, Kentucky law excludes mopeds from this definition. Kentucky courts have interpreted this to mean that since mopeds are not motor vehicles, the occupants injured while riding the moped are pedestrians.  Pedestrians are entitled to PIP benefits from the car that hit them. This is true whether they are at fault or not.

However, the definition of moped does not include every type of scooter or moped.  The statute specifically defines moped as a certain type of motorized bicycle that has no larger than a 50cc engine and capable of traveling no faster than 30mph.  This definition includes only the smallest of the mopeds seen on the road today.  75cc or higher motorized scooters that travel above 30mph do not fit this definition.  They are therefore considered motorcycles not mopeds.  If you are in an accident while using one of these “motorcycles” you would not be entitled to $10,000 in  PIP, unless you purchased it as optional benefits.  You would also be uninsured and responsible personally and legally for any damages you caused.

If you own or operate a scooter or moped that has an engine larger than 50cc, shifts gears, or travels faster than 30 mph you are operating a motorcyle, not a moped.  You are required to have that vehicle insured.  Other laws pertaining to motorcycles may also apply.  You should consider purchasing optional PIP benefits. Otherwise you or your family member might not be protected in the event of an accident.

Motorcycle Accident Victims Not Guaranteed PIP Benefits

Thursday, April 23rd, 2009

Much has been discussed about PIP benefits in Kentucky for accident victims.  However, motorcyclists should know that Kentucky law specifically excludes motorcyclists from recovering PIP benefits unless they purchase these as optional benefits.  So, while car drivers in Kentucky are protected by a minimum $10,000.00 in coverage motorcyclists are not, unless they specifically pay for that coverage.  As you can imagine the coverage for motorcyclists is more expensive given the increased chance of injury.

However, just because a motorcyclist does not have PIP benefits does not mean that he cannot make a claim if he is injured in an accident due to someone’s fault.  A claim can, and if serious enough, should be made.  An experienced accident lawyer can then work to help reduce the amount paid to cover medical expenses, including the first $10,000.00 not covered by PIP.