I was a passenger on my brother’s motorcycle and we got into an accident on Rte 290 near Shrewsbury. The driver of the car was at fault and was issued a citation. I had to go to the emergency room after the accident and I still have back and neck pain and am in physical therapy. Is insurance coverage the same for a motorcyclists? Who will pay my medical expenses and what legal steps do I now take?
You are unfortunate in that motorcycle insurance in Massachusetts usually does not include a Personal Injury Protection (PIP) component that would pay your medical bills as it does for autos unless your brother specifically added it to his policy. Therefore, you (or your health insurance carrier) must pay your medical expenses. On the plus side, you do not have to wait to see if your medical expenses will exceed the statutory threshold for filing a lawsuit against the driver for the personal injury damages you received in the accident, such as your medical bills and any conscious pain and suffering. The claims adjusters for each of the insurance companies are in essence adversarial now because their payments to you will be based upon the liability of their insureds rather than upon the no-fault insurance provisions. The next step you should take is to hire an attorney to represent you and to protect your rights in connection with the accident and your claim against the drivers of the car and the motorcycle. The Shrewsbury motorcycle accident lawyers at RJA Law serve clients who are victims of motorcycle personal injury in Shrewsbury and in the communities surrounding Shrewsbury and all of Worcester County including: West Boylston, Berlin, Northboro, Westboro, Grafton, Worcester and Holden.