3 Steps Following a Motorcycle Accident

Transcript:

Cindy Speaker: If you’re involved in a motorcycle accident it’s important that your loved one exercise some critical steps to ensure that your legal rights are protected.  My guest today is Los Angeles Personal Injury Attorney, Peter Steinberg, of Steinberg and Spencer.  And he’s going to tell us what these three critical steps are.  So Peter thanks for being with us today.

Peter Steinberg: Well, you’re very welcome Cindy.  It’s always a pleasure to be with you.

Cindy Speaker: Well, Peter why don’t you start off by telling us what you consider to be the three critical steps that should be taken following a California motorcycle accident?

Peter Steinberg: Well, from my perspective, and I’ve handled motorcycle accidents for literally, probably three decades, the most important thing is to make sure that you’re okay.  Motorcycle accidents can be extremely serious, you might be knocked off your motorcycle and just feel like you’re bruised but within five, ten, fifteen minutes, some serious pain can set in. And I would say, a number one priority is make sure that you are okay.  It’s probably a good idea to sit down or lie down and let some people take care of you and not think that you can walk around and do a whole sort of things.

I say the second thing to do is to make sure that you have—if you are able to move at all, get some names, addresses and telephone numbers of witnesses.  So that would be very important.  And lastly, if you’re able to move around, get some photographs of the position of the vehicle that struck you as well as your motorcycle.

Cindy Speaker: Okay, now when you say that picture of the scene, tell me a little more about what you mean by that.  How important is it to have pictures of the scene?

Peter Steinberg: Well, photographs of the vehicles are extremely important.  You may have a car that has crossed over the center line and has stopped right where it hit you, that type of thing.  So that would be important and where your motorcycle comes to rest would be important.  And if you can get some pictures of the actual accident site, that would be helpful too.  I mean the site likely is not going to change but it will set the stage for the background for the position of typically the automobile and the motorcycle.

Cindy Speaker: Okay, Peter let me ask you this.  If someone’s involved in a motorcycle accident, and there’s minimal damage or injury, is it still important to call the police or is that not important?

Peter Steinberg: Well, actually Cindy, it’s critically important because very, very, very frequently whether it’s an automobile and particularly when it’s a motorcycle accident, injuries may seem minor at first but by moments, hours or days later, you can be in a lot of pain.  You can be actually unable to move.  So it’s extremely important to contact the police and have a report made.

Cindy Speaker: Okay and how do you get that report, Peter?  Do you go to the Police Station to get that or do they give it to you at the scene of the accident?

Peter Steinberg: Well, they never give you a report at the scene.  My recommendation is that you contact an experienced motorcycle attorney and the lawyer knows how to get the police report.  Typically, it’s a function of writing to the particular police department and paying a fee and I’ve seen these fees range from $3.00 to $24.00.  Most of the time, the police departments will give you a little card here in California, about a 3×5 card and it will give you a report number and an address and you can do it yourself but the prospect of handling your own motorcycle is daunting to me.  I would not recommend it to anybody.  Insurance companies just don’t like to pay out on any claims in particularly, motorcycle claims which can be very sizeable.  So don’t get it yourself, let a good motorcycle accident attorney get it for you.

Cindy Speaker: That makes sense.  And Peter, as you said, you handle a lot of those claims.  So someone with specific questions, how can we reach you?

Peter Steinberg: Well, we can be reached in one of a couple of ways.  Our toll free number is 1800-350-8888.  Again that’s 1800-350-8888, while our website is steinbergspencer.com.

Cindy Speaker: Okay.  Well, Peter thank you for your time today.

Peter Steinberg: Oh, Cindy great to have talked to you as always.

Cindy Speaker: This is Cindy Speaker from Main Street Law.

Motorcycle Safety Gear

Transcript:

Cindy Speaker: If you are a motorcycle enthusiast it is important that you’d be aware of proper safety gear.  My guest today is Los Angeles Personal Injury Attorney, Peter Steinberg at Steinberg and Spencer.  And he’s going to tell us about some of the gear that he recommends.  So Peter thanks for being with us today.

Peter Steinberg: You’re very welcome Cindy.

Cindy Speaker: Well Peter why don’t you start off by telling us what you suggest in terms of motorcycle safety gear?

Peter Steinberg: Well there’s three or four thing.  First of all, the full face helmet Cindy, that’s the most important thing.  A good heavy duty, probably a leather jacket would be great and also some really sturdy boots to protect your feet and ankles and of course a very, very good pair of gloves because typically when you are struck on a motorcycle you’re going to go down and the first thing you’re trying to do just instinctively is put your hands down and you can really get some serious road rash injuries that are extremely painful.

Cindy Speaker: I bet.  Well Peter as you know I’m in Philadelphia, your in California, but let me ask you this, what do you see out there in terms of riding apparel.  My guess is there are a lot of people out there in shorts and flip-flops.

Peter Steinberg: Well you don’t see it that often Cindy but I have seen flip-flops, I’ve seen people riding without helmets and even though that’s the law here in California and I’ve seen people riding in shorts too, and it doesn’t happened that often because the public is getting educated as to the severity of motorcycle accidents.  But I’m sure everybody has seen it all.  And since it’s well known that motorcycles are frequently not seen by other automobiles, the odds of being in a motorcycle accident at some point in the driver’s or rider’s life are fairly high, so you really want to defensively protect yourself with great clothing and helmets etcetera.

Cindy Speaker: Well Peter I know that you’ve handled motorcycle and cases in the Los Angeles area, if someone has specific questions relevant to an accident how they can reach you?

Peter Steinberg: Well Cindy, you’re right.  We’ve been handling motorcycle accidents for about 30 years and it’s really simple to reach us.  We have two ways.  One would be our toll free number 1800-350-8888, again 1800-350-8888 and the other way is through our website where we can be reached 24/7 its www.steinbergspencer.com, again www.steinbergspencer.com.  Very simple to reach us and we are incredibly responsive to motorcycle accidents victims.

Cindy Speaker: Very good.  Peter thank you for your time today.

Peter Steinberg: You’re welcome Cindy, pleasure to be here.

Cindy Speaker: This is Cindy Speaker from Main Street Law.

Uninsured Motorist Coverage for Motorcyclists

Video Transcript:

Cindy Speaker: What is uninsured motorist coverage as it relates to motorcyclist?  That’s our topic for today’s episode of Main Street Law.  I’m Cindy Speaker.  My guest is Indiana motorcycle injury lawyer Randy Sevenish of Sevenish Law in Indianapolis, Indiana. So Randy, how are you today?

Randy Sevenish: I’m great Cindy how about yourself?

Cindy Speaker: Pretty good, thanks.  Well, Randy as I understand that knowing insurance coverage inside and out is an important part of a personal injury practice.  And I know there is a coverage called uninsured motorist coverage, but let me ask you this, what is uninsured motorist coverage and is it important for motorcyclist to carry?

Randy Sevenish: Well, I will tell, Cindy.  Uninsured motorist coverage or what we call UM coverage, for short, is one of the most overlooked and most important types if coverages that bikers can have, and aside from liability coverage that protects the biker when they themselves are at fault.  There’s just no other more important coverage for those riding motorcycles than uninsured motorist coverage, other than perhaps under insured coverage which is at least equally as important.  So to answer your question, UM coverage protects you and the people you love when a wrong doer is at fault and has no insurance and no assets or means to otherwise compensate you.  So in that, case you have in essence purchased insurance coverage before a crash for the uninsured driver.

Cindy Speaker: Okay.  Now, is that something that all motorcycles have, is it mandated by law?

Randy Sevenish: Well, amazingly, the answers are no and no.  Insurance agents in my state, at least, are required only to offer UM coverage but believe it or not, the law does not require it.  So bikers can choose not to have it by waiving the coverage in writing which is a very, very big mistake.  And in my practice in recent years I found a very troubling trend of bikers choosing not to have this very valuable form of coverage, thinking that they are saving money.  The problem comes up is when bikers are injured by an uninsured driver and the bikers themselves have no UM coverage.  They can of course still sue the uninsured driver, but usually these people fail to have sufficient assets to go after and the uninsured driver can also file bankruptcy, and the injured bikers still gets nothing.

So whether you call it a big mistake, an error in judgment or just a simple lack of understanding or knowledge, it makes no difference.  Do not ride without this coverage.

Cindy Speaker: Okay.  Now, let me ask this.  How much do you recommend that a biker have in terms of UM coverage?

Randy Sevenish: Well, that really depends but mostly upon the amount of risk that they are willing to take and gamble with.  And unlike liability coverage, which is intended to pay someone else for their injuries caused by the biker’s negligence, UM coverage provides compensations to the motorcyclist themselves, to their family members, passengers, etcetera, when injured by an uninsured person.  So, for that reason alone, it just make sense to purchase at least as much UM coverage as they have in what’s called liability coverage.  We strongly recommend that based upon their assets and comfort level that they should have at least $250,000.00 per person and $500,000.00 per accident.  And although probably beyond the scope of this question, if they also own a home and indeed have coverage on their bike for 250, 500, they should also consider securing what’s called an umbrella policy of one to two million dollars for just a couple of hundred more dollars annually.

Cindy Speaker: Okay.  Now, let me ask you this.  Suppose that someone has auto UM coverage, is that going to be have any help to them if they don’t have it where their motorcycle and maybe there is an accident that occurs?

Randy Sevenish: Be very careful here.  It really depends upon the ownership of the vehicle their on when this happens.  Many motorcyclists include their bike on the same policy as their car, truck and even homeowners, but some choose to have a completely different company to insure their bike for some reason.  And the general rule is that UM coverage follows you wherever you go.  So that means that whether you’re in your vehicle or someone else’s vehicle or in their truck, your truck, bicycle, moped, motorcycle or even if you re jogging down the road.  So typically, UM coverage follows you, but most companies will exclude UM coverage if it is not specifically covered on the motorcycle owned by you without first paying for that coverage.  So it’s best just to have UM coverage on all vehicles you own, period.  When in doubt, get with your agent and just read the fine print because as I’ve always said the big print give it and the small print take it away.

Cindy Speaker: That’s a great line and so true.  Randy, if someone wants more information, how can they reach you?

Randy Sevenish: Certainly, they can call me directly at 1-800-278-9200 or online at www.sevenishlaw.com.

Cindy Speaker: Randy, thanks so much for your time today.

Randy Sevenish: Thank you, Cindy.

Cindy Speaker: Until next time.  This is Cindy Speaker for Main Street Law.

Underinsured Motorist Coverage for Motorcyclists

Video Transcript:

Cindy Speakers: What is underinsured motorist coverage?  That our topic for today’s episode of Main Street Law.  I’m Cindy speaker and my guest is Indiana motorcycle injury lawyer, Randy Sevenish of Sevenish Law in Indianapolis, Indiana. Randy, thank you for being with me today.

Randy Sevenish: Thank you for having me.

Cindy Speakers: Well, Randy, as I understand it, knowing insurance coverage inside and out is an important part of a personal injury practice.  Now, I know and we’ve all heard of underinsured motorist coverage, but let me ask you this.  What is underinsured motors coverage and is it important for motorcyclist to carry?

Randy Sevenish: Yes, Cindy.  Underinsured coverage or what we call UIM coverage for short, that’s U-I-M, is likewise, one of the most overlooked and ignored types of coverage that bikers can have.  And aside from what’s called liability coverage, there is just no other more important coverage than UIM coverage aside from UM or uninsured motorists coverage.  So to answer your question, UIM coverage is exactly that the name suggest.  It protects you and those people dear to you if the underinsured wrong doer is at fault and here she has insurance, but just not enough insurance to fully compensate you.

Cindy Speakers: Okay.  Now, is this something that all bikers would have?  Is it mandated by the law?

Randy Sevenish: Well, sadly no to both questions and although insurance agents in my state are actually required to offer both UM and UIM coverages to bikers, the biker can actually choose not to have it by waiving it.  And it really amazes me just how many bikers out there choose to waive this very important type of coverage, which frankly, Cindy, can be the difference between protecting themselves and those they love and financial ruin.  So as with UM coverage which is normally sold together with UIM coverage, I have noticed that continuing and troubling trend of people choosing not to opt-in to this form of coverage.

And then when they’re seriously injured by an underinsured driver, they at that point realize the huge error that they made, and by then frankly, it’s just too little too late.  So it’ just best to have plenty of UIM coverage to start with, to settle up with the underinsured driver’s insurance company first then second to then begin to end up negotiating with your own insurance company up to the UIM limits.  But absolutely, do not ride with out this coverage.  If they do, in my opinion, it’s frankly irresponsible and it places way to much needless risk upon the biker himself or herself as well as their families.

Cindy Speakers: Great.  Well, Randy, how much underinsured motorist coverage do you recommend a motorcyclist have?

Randy Sevenish: Well, again, under most policies, UIM coverage is sold together with UM coverage, and how much coverage they should have will again depend largely upon the risk that they are willing to take.  Keep in mind that UIM coverage provides compensation to the bikers themselves, to the family members and to their passengers when injured by a person with insurance, but just not ample insurance.  So with the UM coverage, for example, it only make sense to purchase at least as much UIM coverage as they have in liability coverage.  So if you choose to have $50,000 in liability, then you should have at least $50,000.00 in UIM at minimum.

But most bikers choose to be dramatically under compensated, so what I would like to recommend is a general rule of thumb of having at least $250,000.00 per person and $500,000.00 per accident.  And they should also keep in mind just as with UM coverage, should they suffer a significant injury only this time at the hands of underinsured driver, that they need to know that their own insurance company will not pay them anymore than the UIM limits they have agreed to buy as listed on their declaration pages regardless of their injury no matter how bad.  And even then, their own insurance will more times than not, not want to pay out the UIM limits.  So in the end, the wise biker will carry plenty of UIM coverage before the crash happens and then get ready to fight their own insurance company.

Cindy Speakers: Well, it doesn’t seem like you should to fight your own insurance company.

Randy Sevenish: Well, that doesn’t make it right but that’s the way it is everytime.

Cindy Speakers: Yeah, yeah.  Randy, what other best advice do you have for bikers and motorcyclist when choosing their insurance coverage.

Randy Sevenish: My best advice is to buy as much UM and UIM coverage your budget and comfort level shall allow.  Because I must say bad accidents just happen to good people.  So, don’t be one of the tragic stories shared by people like me about the good people like you.  So, by having ample UM and UIM coverages will just frankly ease the burden of a significant injury.

Cindy Speakers: Well, Randy, if someone needs more information, how they can reach you?

Randy Sevenish: They can call me directly at 1-800-278-9200 or online at www.sevenishlaw.com.

Cindy Speakers: Randy, thanks so much for your time today.

Randy Sevenish: My pleasure, Cindy.

Cindy Speakers: Until next time.  This is Cindy speaker for Main Street Law.