Motorcycle Attorney Insurance Claims 2 — Questions and Answers
Question 1: What is a 'recorded statement' in a motorcycle accident claim, and should a claimant give one to the opposing insurer?
- A written statement given under oath to the court; always required
- A statement recorded by the opposing insurer's adjuster; consult an attorney before giving one (Correct answer)
- A statement given to your own insurer; mandatory by law
- A medical statement about injuries; always voluntary
Correct answer: A statement recorded by the opposing insurer's adjuster; consult an attorney before giving one
Recorded statements given to the opposing insurer can be used to minimize your claim; an attorney should advise whether and how to give one.
Question 2: What is 'collision coverage' on a motorcycle insurance policy?
- Liability coverage for damage you cause to others
- Coverage that pays for damage to your motorcycle resulting from a collision, regardless of fault (Correct answer)
- Coverage for theft of the motorcycle
- Medical coverage for the rider
Correct answer: Coverage that pays for damage to your motorcycle resulting from a collision, regardless of fault
Collision coverage pays to repair or replace your motorcycle after a crash regardless of who was at fault, subject to your deductible.
Question 3: What is a 'deductible' in the context of motorcycle insurance?
- The premium amount paid monthly
- The amount the insured must pay out-of-pocket before insurance pays on a claim (Correct answer)
- A penalty for filing too many claims
- The minimum coverage required by law
Correct answer: The amount the insured must pay out-of-pocket before insurance pays on a claim
A deductible is the out-of-pocket amount the insured must pay before their insurance coverage kicks in for a claim.
Question 4: When can a motorcycle attorney advise a client to accept a policy-limits settlement offer?
- Always accept policy limits immediately
- When the at-fault driver's policy limits are the maximum recovery available and the client's damages exceed those limits (Correct answer)
- Only when the case goes to trial
- Never accept policy limits—always demand more
Correct answer: When the at-fault driver's policy limits are the maximum recovery available and the client's damages exceed those limits
Accepting policy limits may be advisable when the defendant has no significant assets beyond their policy and the injured party's damages clearly exceed those limits.
Question 5: What is 'stacking' of uninsured/underinsured motorist coverage in a motorcycle accident?
- Combining multiple at-fault drivers' policies to increase recovery
- Combining UM/UIM coverage limits from multiple policies or vehicles to increase the total coverage available (Correct answer)
- Adding a new driver to an existing policy
- Filing claims with multiple insurers simultaneously
Correct answer: Combining UM/UIM coverage limits from multiple policies or vehicles to increase the total coverage available
Stacking allows a policyholder to combine UM/UIM limits from multiple vehicles or policies, increasing the total coverage available after an accident.
Question 6: What should a motorcyclist do immediately after an accident to protect their insurance claim?
- Repair the motorcycle before documentation
- Photograph the scene, get witness information, seek medical attention, and report the accident to their insurer (Correct answer)
- Only speak with the at-fault driver's insurer
- Wait 30 days before reporting to allow injuries to develop
Correct answer: Photograph the scene, get witness information, seek medical attention, and report the accident to their insurer
Prompt documentation, witness information, medical attention, and timely reporting to your insurer are essential steps to protect a motorcycle accident claim.
What is a 'recorded statement' in a motorcycle accident claim, and should a claimant give one to the opposing insurer?