Factors That Affects Motorcycle Accident Insurance Claim
No one wakes up in the morning and expects to be involved in a bike accident in Los Angeles. But if this misfortune did happen to you, know that you can always file for a motorcycle accident insurance claim. However, you also need to understand that the insurance adjuster will look for flaws in you and your bike. They’ll make it hard for you to get proper compensation. And push you to a corner where you have no choice but to accept breadcrumbs of money.
To avoid the hassle of bike accident insurance battle, you must be aware of the factors that affect your claim.
The top three aspects that pull your case down the drain
No helmet or wrong helmet type
Los Angeles is following the California helmet law, which is called the Universal Helmet Law. According to the California Vehicle Code Division 12, Chapter 5, Article 7, Sections 27803, a motorcycle rider and passenger must wear helmets at all times while riding. However, the helmet must be in compliance with the standards of the Department of Transportation (DOT). Only helmets that meet the DOT standard can help any insurance claim. And you’ll know if it’s the right helmet thanks to the DOT sticker on the surface.
Helmet minimum requirements:
- Full face helmet and thick interior liner
- Chin straps connected to the helmet shell
- Helmet weight follows the federal standard of three pounds minimum
- Zero protrusion beyond two-tenth inch from the shell
You need to abide by the California state law regarding helmets to have unquestionable claims on your bike accident coverage. And not only will wearing a proper helmet allows you to follow the rule. It can also save you from a traumatic brain damage, which is actually one of the common causes of road accident fatalities. By wearing a DOT standard helmet, you lessen the risk of brain damage by 69%. And that is mainly because a heavy duty helmet absorbs the impact of a road accident.
Driving Under the Influence (DUI)
The Unites States is very strict with its blood alcohol concentration (BAC) limit for drivers. In Los Angeles, it is absolutely illegal to be driving your motorcycle in these cases:
- 0.08% BAC or more – blood alcohol content for ages 21 and above in operating typical passenger vehicles like a motorcycle.
- 0.04% BAC or greater – not allowed for driving commercial vehicles.
- 0.01% BAC or higher – illegal to drive for individuals less than 21 years old.
Violation of these rules can lead to suspension or revocation of your driver’s license, large fines, and time in jail. And it gets worst if you get into a road accident while driving under the influence of alcohol or drugs.
Modified exhaust system for larger sound
There are many motorcycle fanatics who simply cannot let their bikes be. They constantly look for things to alter and make better. And one of the most modifiable parts of a bike is the exhaust system. But you should know that in California, the Vehicle Code section 27156 exists as an anti-tampering law for motorcycles.
dBA (A-weighted decibels) exhaust system requirements in Los Angeles:
- 96 dBA – exhaust noise limit for motorcycles produced on January 1, 1998, or after that day.
- 101 dBA – exhaust noise limit for motorcycles produced before January 1, 1998.
SAE Standard J-1287 is a test process that is conducted to measure the sound output of your motorcycle exhaust. But if you have modified your muffler to make the sound bigger, then you’ll have a problem with your motorcycle accident insurance claim. Take note that it is illegal to go beyond the required dBA.
Motorcycle accident attorney to the rescue
Find yourself in a road accident with any of the major violations? Then you must contact a motorcycle accident attorney immediately. A legal expert is what you need to get you out of the mess, even if you have violated the state laws. If you choose to file for a motorcycle insurance claim alone, then the dragons of insurance lawyers will eat you alive.
Deserving of high compensation
Even if you have no helmet on, or used a helmet that does not follow DOT standards, or driving under the influence, or has noisy exhaust system, you still deserve high compensation in an accident. A competent and highly skilled bike accident attorney can help you find facts that make you a victim. They can counter the spinning tales of the insurance adjuster, and process your claim with the law by their side.
Do your best to follow the motorcycle laws, since they are created for your safety. But if you have not learned your lesson yet, then make sure that you have a bike accident attorney to bail you out of trouble.