A car pulls out in front of your bike near the Zakim Bridge, and you hit the pavement hard. You expect the standard no-fault insurance rules to pay your initial bills, just like they do for a car crash.
You soon discover a harsh reality: Massachusetts law treats riders differently than drivers. Most people in the state rely on a benefit called Personal Injury Protection, or PIP, to cover their Motorcycle Medical Bills, but riders are specifically excluded from this coverage. A motorcycle accident lawyer at Altman-Nussbaum-Shunnarah Trial Attorneys can help you understand your legal options and pursue compensation for your injuries.
This means the $8,000 safety net that car drivers use does not exist for you.
We fight for riders who face this insurance gap and hold the negligent drivers responsible for the financial burden they caused.
Our team knows that when the bills start arriving at your home in South Boston or Dorchester, the insurance company will not help you unless we force them to do so. We use our knowledge of state law to find every dollar available to pay for your care and your future.
Integral Concepts
- Massachusetts law excludes motorcycle riders and their passengers from receiving Personal Injury Protection benefits under no-fault rules.
- Standard car insurance policies provide $8,000 in PIP coverage for medical bills and lost wages, but this does not apply to motorcycles.
- Injured riders must rely on their private health insurance or optional medical payments coverage to pay for treatment after a crash.
- Health insurance providers often place a lien on a final legal recovery to get paid back for the costs they covered.
- The lack of PIP coverage allows riders to sue for pain and suffering without needing to meet a $2,000 medical expense threshold.
The No-Fault Exclusion for Motorcycle Riders
In a typical car wreck, the law requires your own insurance company to pay for your injuries regardless of who caused the crash. However, Massachusetts General Laws Chapter 90 Section 34A creates a massive exception for motorcycles.
The state does not classify motorcycles as motor vehicles for the purpose of PIP benefits.
Because of this, your insurance company does not have to pay that initial $8,000 for your care.
- Riders are forced to find other ways to pay for emergency room visits and surgeries immediately.
- This exclusion applies to both the person operating the bike and any passenger riding with them.
- Insurance companies save millions by not providing this coverage to the riding community.
This exclusion leaves many riders in a difficult spot right after a collision. After a motorcycle accident, we do not let the insurance companies use this legal loophole to leave you with unpaid bills. Our team pursues the driver who caused the crash to recover the money you need for your treatment.
Using Private Health Insurance and Managing Liens
Since you cannot access PIP, your private health insurance becomes your primary source for paying Motorcycle Medical Bills. Whether you use a plan from a major provider or a government program, you must notify them that your injuries came from a vehicle accident.
This process is complicated because health insurance companies do not like paying for accidents caused by someone else.
- Your health insurance will pay for your treatment, but they will likely place a lien on your case.
- A lien is a legal claim that gives the insurance company the right to take a portion of your final settlement or jury award.
- We negotiate with health insurance providers to reduce the amount of the lien so you keep more of your recovery.
Managing these liens is a vital part of our job. We fight to make certain that after your bills are paid, you still have the resources you need to move forward. We hold the negligent driver’s insurance company accountable for the total cost of your care.
MedPay: The Optional Coverage You Might Possess
While PIP is not available, some riders choose to buy optional coverage called Medical Payments (MedPay). This is a choice you make when you buy your motorcycle policy.
MedPay functions similarly to PIP because it pays for medical expenses regardless of fault, but it does not cover lost wages.
- MedPay can help cover your health insurance deductibles and co-pays after a crash.
- This coverage stays with the bike and pays for injuries to the rider and any passengers.
- If you do not have MedPay, you must rely entirely on your health insurance or the eventual payout from the at-fault driver.
We review your policy to see if you have this coverage available to help you right now. If the insurance company tries to deny a MedPay claim, we take the fight to them.
We use every tool in your policy to find the money you need while we build your main case against the negligent driver.
Top Mistakes Riders Make After a Crash That Hurt Their Insurance Claims
The moments after you get home from a motorcycle crash are vital for your future claim. If you need a motorcycle accident lawyer, acting quickly can help protect your rights and prevent insurance adjusters from devaluing or denying your case. Many riders make errors that allow insurance adjusters to devalue their case or deny it entirely.
Because you lack PIP coverage, the burden of proof is even higher for your side.
- Delaying Medical Care: Waiting even a few days to see a doctor creates a gap in treatment. Insurance companies use this gap to argue that you were not really hurt or that something else caused your pain.
- Failing to Document the Scene: Many riders do not take photos of the road conditions, the position of the other car, or the damage to their bike. This lack of evidence makes it harder to prove the other driver’s negligence.
- Ignoring Health Insurance Deadlines: If you do not notify your health insurance that your injury was from an accident, they might deny your medical claims later. This leaves you with a large stack of bills that you must pay yourself.
You should seek medical attention immediately, even if you feel fine, as shock often hides serious internal injuries. Insurance companies after a motorcycle accident often look for ways to minimize claims, which is why we recommend taking clear photos of everything at the scene and keeping all your gear, such as your helmet and jacket, to show the impact of the crash.
Turning the PIP Exclusion into a Legal Advantage
While losing PIP coverage is a burden, it also provides a unique legal advantage in Massachusetts. For most car accidents, you cannot sue for pain and suffering unless your medical bills exceed $2,000.
Pain and suffering are the legal terms for the physical pain and emotional distress caused by an injury. Because riders do not get PIP, they do not have to meet this $2,000 requirement.
- You can file a lawsuit for pain and suffering immediately, even if your medical bills are only $500.
- This allows us to hold negligent drivers accountable for even minor crashes that cause significant pain.
- The law found in Massachusetts General Laws Chapter 231 Section 6D confirms that riders are exempt from this threshold.
We use this rule to start your case fast and keep the pressure on the other driver’s insurance company. We do not wait for your bills to pile up before we demand accountability. This aggressive approach helps us secure the results you need.
FAQs
What happens if I do not have health insurance after a bike crash?
If you lack health insurance and do not have MedPay, you will likely face direct bills from the hospital and doctors. We work with medical providers to establish letters of protection, which are agreements that allow you to receive treatment now and pay the bills later from your legal recovery. We make certain you get the care you need while we fight the battle for your money in court.
Can I sue for the lost wages that PIP would have covered?
Yes, because you do not have PIP to pay for your lost income, we pursue the at-fault driver for 100 percent of the money you lose from missing work. We use your pay stubs and employment records to prove the exact amount of your financial loss. We hold the negligent party responsible for every dollar you lose because of their recklessness.
Will my motorcycle insurance rates go up if I use my MedPay?
If the accident was not your fault, Massachusetts law prevents insurance companies from increasing your rates for using the coverage you pay for. We do not let insurance companies punish you for an accident caused by someone else. We help you use your benefits while we focus on holding the responsible party accountable.
Why does the state exclude riders from the no-fault system?
The insurance industry lobbied for this exclusion decades ago, claiming that motorcycles are too risky for the no-fault system. We believe this is a bias that treats riders like second-class citizens on the road. We fight this unfair system by using the legal advantages it provides, like the lack of a medical bill threshold, to win for our clients.
Does the no-fault exclusion apply to mopeds or scooters?
The rules for mopeds and scooters depend on the size of the engine and the speed of the vehicle. If the state classifies your vehicle as a motorcycle, the PIP exclusion applies. We review the specific classification of your ride to determine which insurance rules govern your case and your rights.
Force the Insurance Company to Take Responsibility
A billion-dollar insurance corporation will try to use the lack of PIP as a reason to ignore your claim. We do not accept their excuses because we know how to use the law to find the money you need.
At Altman-Nussbaum-Shunnarah Trial Attorneys, we have recovered over $1,000,000,000 because we know how to win the difficult battles for motorcycle riders.
Contact Our Boston Trial Attorneys for a Free Case Evaluation
If you are facing a mountain of bills after a motorcycle crash, do not face the insurance companies alone. Put a fighter in your corner who knows how to manage the liens and demand the money you need for your recovery.
We are ready to build a powerful case for you and hold the negligent drivers responsible for their actions. Reach out to Altman-Nussbaum-Shunnarah Trial Attorneys for your free consultation with a team that never backs down from a fight.
