Motorcyclists in Idaho, particularly in Boise, face significant risks on the road. In 2023, Idaho experienced a 20-year high in traffic fatalities, with motorcycle accidents contributing notably to this increase. The Idaho Transportation Department reported an 11% rise in motorcycle crashes since 2022, with over 90% resulting in injuries ranging from minor to severe.
Motorcyclists are uniquely vulnerable due to their exposure and the lack of protective barriers that cars provide. This vulnerability often leads to more severe injuries in accidents, especially when the other driver is underinsured or uninsured. In such cases, victims may face substantial financial burdens, including medical expenses, lost wages, and rehabilitation costs, without adequate compensation from the at-fault party.
Being involved in a motorcycle accident is already a traumatic experience, but discovering the at-fault driver is uninsured or underinsured can make it even worse. How will you pay for medical treatment, repair your bike, or recover lost wages? At Mountain States Injury Law, our motorcycle accident attorney in Boise is here to provide answers, legal guidance, and the dedicated advocacy you deserve.
Our Boise underinsured and uninsured motorcycle accident attorneys have a proven track record of helping accident victims just like you navigate the complexities of uninsured and underinsured motorist claims. We will fight to hold insurance companies accountable and secure the maximum compensation you’re entitled to. You don’t have to face this alone. Call Mountain States Injury Law today at (888) 845-8745 and let us take on the legal burden so you can focus on healing. Your journey to justice starts with one phone call – don’t delay. Contact us today.
Underinsured and Uninsured Motorists: Definitions
Although similar, these two terms are slightly different.
Underinsured Motorists (UIM)
An underinsured motorist is a driver whose auto insurance policy limits are insufficient to cover the damages caused in an accident. For example, if a motorcyclist suffers $50,000 in damages but the at-fault driver’s insurance policy only covers $25,000, the at-fault driver is considered underinsured. In such cases, underinsured motorist coverage (if the victim has it) steps in to cover the difference between the damages and the at-fault driver’s policy limit, up to the victim’s policy limit.
Uninsured Motorists (UM)
An uninsured motorist is a driver who does not have any auto insurance at the time of the accident. This also includes hit-and-run drivers whose identities and insurance statuses remain unknown. Uninsured motorist coverage is designed to protect victims by covering damages that the at-fault uninsured driver cannot pay, including medical bills, lost wages, and property damage, up to the policyholder’s coverage limit.
Both types of motorists pose significant financial risks to accident victims, making underinsured and uninsured motorist coverage essential for protecting against these situations.
Understanding Underinsured and Uninsured Motorist Coverage
Underinsured Motorist (UIM) coverage applies when the at-fault driver has insurance, but their policy limits are insufficient to cover the victim’s damages. Uninsured Motorist (UM) coverage comes into play when the at-fault driver has no insurance or in hit-and-run scenarios. These coverages are crucial for motorcyclists, as they provide a financial safety net in accidents involving drivers lacking adequate insurance.
In motorcycle accident claims, UM and UIM coverages can cover medical bills, lost income, pain and suffering, and property damage. Without these coverages, motorcyclists may have to bear the financial burden of an accident caused by an underinsured or uninsured driver. Therefore, motorcyclists need to include UM and UIM coverages in their insurance policies to ensure comprehensive protection.
What Should I Do Immediately After an Accident Involving an Underinsured or Uninsured Motorist in Boise?
If you’re involved in an accident with an underinsured or uninsured motorist, firstly make sure you are safe and uninjured. It’s best to seek medical attention even if you think you’re okay, as some injuries take a while to show symptoms.
The next steps involve:
- Reporting the accident to the police.
- Gathering as much evidence as possible (photos, witness contact information, etc.).
- Notifying your insurance company about the accident and potential UIM/UM claim.
- Contacting an attorney to help navigate the claims process.
What If The Other Driver Fled the Scene?
If the other driver fled the scene of the accident, it is considered a hit-and-run. While this can complicate your claim, there are still ways to seek compensation:
- Uninsured Motorist Coverage: If you have uninsured motorist (UM) coverage as part of your motorcycle insurance policy, it can cover damages caused by a hit-and-run driver. This type of coverage is specifically designed to protect you when the responsible party cannot be identified or lacks adequate insurance.
- Law Enforcement Involvement: Reporting the incident to the police immediately is crucial. A police report provides vital documentation for your case and can assist in identifying the driver if they are later apprehended.
- Legal Action: Our underinsured motorcycle accident lawyer in Boise can help you navigate the claims process, investigate the accident, and explore all available avenues to recover compensation, including claims against your own insurance company or pursuing third-party liability if applicable.
If you were hit by an uninsured and reckless driver, contact our Boise underinsured and uninsured motorcycle accident lawyer today.
Can I Still Recover Damages If I Don’t Have Insurance in Boise?
Even if you don’t have your own insurance, you may still be able to recover damages under certain circumstances:
- At-Fault Driver’s Insurance: If the other driver is identified and they have sufficient insurance coverage, you may file a claim against their policy for damages.
- State-Specific Laws: Some states have laws that allow uninsured drivers to recover damages, though there may be limitations, such as reduced compensation.
- Uninsured Motorist Fund: Certain states maintain funds or programs to assist victims of accidents caused by uninsured or hit-and-run drivers.
- Legal Representation: An attorney can assess the specifics of your case and determine your eligibility for compensation, even if you lack personal insurance coverage.
However, it’s important to note that in Idaho, the law mandates that drivers maintain the following minimum auto insurance coverage:
- Bodily Injury Liability: $25,000 per person and $50,000 per accident.
- Property Damage Liability: $15,000 per accident.
These requirements are often referred to as 25/50/15 coverage.
Additionally, Idaho law requires insurance companies to offer Uninsured Motorist (UM) and Underinsured Motorist (UIM) Bodily Injury coverage. However, policyholders have the option to reject these coverages in writing.
You should also be aware that while these are the legal minimums, higher coverage limits can provide greater financial protection in the event of an accident.
Do I Need an Underinsured and Uninsured Motorcycle Accident Lawyer to Handle a UIM/UM Claim?
While it’s not legally required to hire a lawyer for a UIM/UM claim, having one on your side can significantly improve your chances of receiving fair compensation. Insurance companies, even your own, are profit-driven businesses. Their goal is often to minimize payouts by undervaluing claims, delaying the process, or exploiting technicalities in your policy. Without legal knowledge, you may unknowingly accept a settlement that doesn’t fully cover your damages, leaving you responsible for additional expenses.
An experienced Boise uninsured motorcycle accident attorney understands the tactics insurance companies use and knows how to counter them. They will handle communication and negotiations on your behalf, preventing you from making statements that could inadvertently weaken your case. Attorneys also have the knowledge and skill to accurately calculate the full value of your claim, considering not only medical expenses but also lost wages, pain and suffering, and future costs like ongoing treatment or diminished earning capacity.
Additionally, a lawyer can navigate the complexities of your policy and Idaho’s insurance laws. For instance, interpreting underinsured and uninsured motorist coverage, ensuring all filing deadlines are met, and addressing disputes over liability or coverage limits require a thorough understanding of legal intricacies. If the insurance company refuses to offer a fair settlement, your attorney can escalate the case by filing a lawsuit and representing you in court.
In short, while you can file a UIM/UM claim on your own, having a lawyer provides a significant advantage. They act as your advocate, ensuring your rights are protected and maximizing the compensation you’re entitled to receive. This support can make a world of difference, especially when dealing with the stress and financial strain of recovering from an accident.
Begin Your Path to Justice with Mountain States Injury Law
If you’ve been involved in a motorcycle accident caused by an underinsured or uninsured driver, you don’t have to face the challenges of recovery and insurance battles alone. At Mountain States Injury Law, we’re here to fight for your rights and ensure you get the compensation you deserve.
Contact us today by filling out our easy online form or calling us directly at (888) 845-8745. Let us handle the legal complexities so you can focus on healing and moving forward. Don’t wait – reach out now to get the support and justice you need!