Who Pays Medical Expenses Before a Motorcycle Accident Claim is Settled?June 14, 2017 | Category: Motorcycle Accidents | Share
Motorcycle accidents may not occur any more often than other vehicle accidents, but when they do the seriousness of the injuries can be much higher. Being capable of high speeds with minimal rider protection, motorcycle accidents can be the most hazardous.
According to NHTSA (National Highway Traffic Safety Administration), the likelihood of a motorcycle crash injury is very high: 98 percent of multiple motor vehicle accidents and 96 percent of single vehicle accidents resulted in serious injury.
What are the 3 most common motorcycle injuries?
In most motorcycle accidents serious injuries may occur to the head, face or neck, or bones may be fractured and/or shattered requiring surgery.
- Head injury may include concussions or skull fractures even traumatic brain injury.
- A broken leg may occur because a motorcycle cannot stand upright on its own. Most motorcycle accidents cause the motorcycle to fall over, and the rider's leg remains underneath the motorcycle resulting in a broken leg.
- A broken arm happens when the motorcyclist lands on one or both of his or her arms. (Source: livestrong.com)
Medical treatment happens before motorcycle accident cases are concluded. When these accidents occur and treatment is given, who pays the medical expenses of the injured motorcyclist?
Motorcycle accident cases are usually governed by the concept of negligence, and there are many factors involved. Whether an injured motorcyclist can recover medical expenses or other losses in the accidents may depend on the type of hazard; why was the hazard there; could the hazard have been eliminated, and the behaviors of those involved. Injured motorcyclists may be able to seek damages from the negligent party causing the crash.
Who pays for medical costs while the accident case is being settled?
Non-fatal motorcycle crashes can carry heavy medical costs depending on the motorcyclist's injuries. The at-fault party's insurance company pays medical bills but not until a settlement for the entire claim is reached.
Attorneys often use what is known as a "letter of protection" as a way of handling medical costs as clients receive treatment. The letter of protection is a medical lien. The attorney sends the letter of protection to a medical provider which guarantees the provider that the costs of treatment will be covered by the patient out of any future settlement that is secured. The attorney preparing the letter of protection is responsible for making sure that the payment for treatment is received by the medical provider from any settlement. The agreement with the provider allows him/her the right to pursue the full bill as any other debt.
There is also another use of the letter of protection and that is to delay any collection efforts which may result from a previously incurred bill. It allows any potential settlement of a case to take its course before payments are made. Insurance carriers often refuse to pay for treatment of injuries sustained as a result of vehicle accidents. So the injured party does not have impact on his/her credit standing or substantially harm finances, they can use the letter of protection to delay the collection activities against them.
"Handling motorcycle accident victims' legal cases should be done by an experienced, board certified attorney. We have the knowledge to assist motorcycle accident victims with their insurance questions and concerns. Should you or a loved one be injured in a motorcycle accident, contact Spivey Law Firm, Personal Injury Attorneys, P.A.," says Randall Spivey, Fort Myers Motorcycle Accident Attorney.
Fort Myers Motorcycle Accident Attorney, Randall L. Spivey is a Board Certified Trial Attorney - the highest recognition for competence bestowed by the Florida Bar and a distinction earned by just one (1%) percent of Florida attorneys. He has handled over 2,000 personal injury and wrongful death cases throughout Florida. For a free and confidential consultation to discuss your legal rights, contact the Spivey Law Firm, Personal Injury Attorneys, P.A., in Lee County at 239.337.7483 or toll free at 1.888.477.4839, or by email to Randall@SpiveyLaw.com. Visit SpiveyLaw.com for more information. You can contact Spivey Law Firm, Personal Injury Attorneys, P.A.in Charlotte County at 941.764.7748 and in Collier County 239.793.7748.