At fault party may have insufficient coverage to pay for injuries suffered by motorcycle rider.

February 08, 2016, Kitchener, Ontario

Posted by: Robert Deutschmann, Personal Injury Lawyer

The Cambridge Times reported February 8, 2016 about a motorcycle accident that occurred on Eagle Street North in Cambridge.  The motorcycle driver and a van were travelling in the same direction on Eagle Street in Cambridge when the van driver made an improper left turn from the curb lane.  The van turned into the path of the motorcycle driver who was travelling in the center lane.  The motorcycle  struck the driver side door of the van causing the motorcycle rider to suffer a serious trauma to the head.  The motorcycle driver was taken to Cambridge Memorial Hospital and then transferred to Hamilton Hospital shortly after that.   The Cambridge Times reported the motorcycle driver was in critical but stable condition.  The van driver was arrested at the scene for driving while disqualified and was later charged with three criminal offences connected to the collision.

With the unusually warm weather, it is conducive to motorcycle drivers to want to take advantage and ride on the road.  It is important the car drivers stay aware of their surroundings and the vehicles and pedestrians in their general vicinity.  Practice safe and defensive driving techniques.  That includes driving at appropriate speeds, obey the rules of the road, be patient and do not turn your car unless you are absolutely sure that the way is clear for you to make your turn.   It would appear that the driver of the van was responsible for this accident.  The van driver would be the at fault driver.  The motorcycle rider will be able to bring a claim against the van driver for damages suffered in the accident.  This would include pain and suffering damages (also known as general damages), past and future income loss and future care needs which includes future medical and rehabilitation needs as well as attendant care and housekeeping expenses.  The interesting issue to note in this case is the reference to the van driver being disqualified.  This may result in the van driver not having any insurance coverage or the van driver’s insurance company taking the position that the van driver will not be entitled to rely on the full amount of liability coverage under the van driver’s policy of insurance.  If the van driver does not have insurance coverage, or a reduce liability limit that is not sufficient to cover the damages of the motorcycle rider, then the motorcycle rider will be able to include the motorcycle policy to cover difference.  It is a common feature of car insurance or motor vehicle insurance to provide the owner of the policy with coverage where the at fault party has insufficient or no insurance coverage to pay for the damages to the injured party.  It is important to review the file and ensure that the issue of insurance coverage is properly investigated and that all relevant policies are included in the claim and ensure that the victim will receive maximum compensation for their injuries.  Ultimately, if there is insufficient insurance coverage, then the at fault party may be liable personally for damages to the injured motorcycle rider.

About Deutschmann Law

Deutschmann Law serves South-Western Ontario with offices in Kitchener-Waterloo, Cambridge, Woodstock, Brantford, Stratford and Ayr. The law practice of Robert Deutschmann focuses almost exclusively in personal injury and disability insurance matters. For more information, please visit www.deutschmannlaw.com or call us at 1-519-742-7774.

The opinions expressed here, while intended to provide useful information, should not be interpreted as legal recommendations or advice.