If the motorcycle crash was caused by another driver and you are injured, you have two potential claims against that driver. You have a property damage claim for the damage to your bike, and you have personal injury claim for injuries and damages caused to you.
The damage caused by a motorcycle accident in Kansas or Missouri can be extensive. This is primarily due to motorcycles being less protected than cars or other motor vehicles. Likewise, personal injuries to motorcyclists can range from severe to catastrophic.
If you’ve been injured a motorcycle accident, you should give priority to treating your injuries and seek immediate medical treatment. This is important for both your health and your personal injury claim. However, for many who love to ride, recovering money for the property damage to your motorcycle is very important.
Our experienced Kansas City motorcycle accident attorney will assist you after a motorcycle crash in Missouri or Kansas. We'll guide you through the legal process toward seeking a full recovery of the damages you suffered. If you or a loved one have been involved in a motorcycle accident, contact our office today at 816-203-0143 for a free consultation. We’re on your side, and here to help.
How to Determine Who Should Pay for the Property Damage
Most motorcycle riders know well that there's an unfortunate bias against them regarding accidents. This bias causes other drivers and insurance companies to blame the motorcyclist for causing the accidents. This is not fair, and such bias is not consistent with the law of Missouri or Kansas.
To determine who should rightfully pay for the property damage after a motorcycle accident, an assessment of who is at fault for the accident is performed. To determine if the other driver should pay for your motorcycle damage, you need to confirm the following:
- Did the other party have a responsibility to exercise a duty of care?
- Was there a violation of that duty of care?
- Did this violation or breach directly cause the motorcycle accident?
- Did the motorcycle accident cause the property damage?
In identifying the liable party, our motorcycle accident attorney often will:
- Review the police report;
- Inspect of the accident scene;
- Take statements from witnesses, authorities, other first responders, and property damage assessors;
- Assess the damage to the motorcycle and any other vehicles involved in the accident; and
- Work with motorcycle accident reconstruction experts (if necessary).
Comparative Fault in Missouri and Kansas
If more than one party is at fault, you will need to consider the following state laws in Missouri and Kansas:
Missouri's pure comparative law allows you to recover property damages less your percentage of fault in the accident.
Kansas's modified negligence statute allows you to recover property damages if you were 50% or less responsible for the accident. Your recovery will be less your percentage of fault.
This process of identifying who should pay property damages can be complicated. Call our office today at 816-203-0143 and let our Kansas City motorcycle accident attorney sort through the necessary details to navigate the process for you. It helps to have our experienced attorney on your side!
Motorcycle Insurance Coverages in Missouri & Kansas
Motorcycle accident insurance policies are the primary source of funds to recover property damages. Kansas and Missouri motorcycle laws mandate all motorcycle riders to carry specific insurance policies to offer coverage when accidents happen.
The main types of insurance policies include:
Liability Insurance
Kansas and Missouri motorcycle laws require all motorcycle owners to purchase liability insurance. The minimum you should carry includes:
- $25,000 per person for bodily injury per person
- $50,000 per accident for bodily injury per accident
- $10,000/accident for property in Missouri, and $25,000/accident for property in Kansas
Liability insurance covers damages and injuries you cause to other persons in an accident but not to yourself. It also covers the other victim's property damages, but it does not cover damage to your bike.
Collision Insurance
Collision insurance is an additional insurance coverage, and it is not mandatory in Missouri or Kansas. Collision covers your motorcycle if you crash into another bike, vehicle, or immovable object (such as a wall or curb).
Comprehensive Insurance
Comprehensive insurance covers damages caused to your motorcycle in accidents caused by other factors other than crashes, such as natural disasters, vandalism, and theft. While it certainly helps to have comprehensive motorcycle insurance, it is not mandatory in Missouri or Kansas.
What Parties Pay Property Damages in Missouri and Kansas?
Determining negligence is usually a significant legal step in every motorcycle accident claim in Kansas and Missouri. Depending on the details of the accident, the parties that could be required to pay for the property damages include:
- The other driver and/or their insurance company
- You and/or your insurance company
- Any other liable parties and their insurance companies (see below)
In motorcycle accidents in Missouri and Kansas, there can be other instances where multiple parties are to blame for the accident, including:
- Government entities - if a government entity, department, or agency failed in maintaining a road, potholes, missing traffic signs or guardrails, or uneven lanes, you may be able to seek damages from them for the motorcycle accident.
- Property owners - premises liability laws require all property owners to maintain safe environments to those who are permitted to enter them. If they break these laws and an accident occurs on their property, they are liable to pay for any property damages.
- Manufacturers and dealerships - under product liability laws, manufacturers are liable if they let riders use defective products and accessories.
- The liable party's employer or company - if the at-fault party was working when the accident happened, his or her employer may have liability.
Contact Our Kansas City Motorcycle Accident Attorney
Property damage claims after a motorcycle accident in Kansas and Missouri can be complicated. You need to determine all responsible parties and then recover fair compensation from their insurance companies. This is not easy. Let our motorcycle accident attorney guide you through the process.
Our Kansas City motorcycle accident attorney has the knowledge and experience you need. We’ll give your case the full attention it deserves. Contact us today at 816-203-0143 to schedule a free consultation. You can also instantly download our free e-book Crash Course: 9 Mistakes That Can Wreck Your Injury Claim. We're here to help, and on your side!
