Common Issues with ATV Accidents:

 

ATV claims can be traumatic and life-altering. Often times, people sustain injury from the vehicle itself, and the high rate of speed combined with the weight of the vehicle ends up resulting in horrific injuries. When a claim is processed through an insurance company, there is often minimal documentation surrounding the incident. The accident likely happened off-road and the accidents usually only involve the ATV. This means a law enforcement agency may not be dispatched because there is not a crash with another person or vehicle. Substantiating the claim and reconstructing the events can be difficult. Because the injuries generally happen away from cities, emergency medical treatment and transportation may be scattered across many different providers in parts of the state the injured party is not familiar with. Consequently, gathering the relevant medical records and bills related to the claim can become complicated.

 

Additionally, finding a source of monetary recovery can be difficult as well. Many people do not realize automobile policies may be applicable to the case and the injured victim's own insurance policy may be applicable depending on the purchased types of coverage and the policy language.

 

Sources of Recovery:

 

Although ATV accidents occur off-road and away from a car, often times many of the protections afforded to a motorist on the road are extended to those in off-road vehicles. Although many insurance policies exclude coverage for injuries sustained in off road incidents, these policy exclusions are not necessarily valid. Insurance policies that would ordinarily be applicable to traditional car crash cases (such as the at-fault driver's car insurance, the injured party's UM/UIM coverage, and Med Pay) may be applied even if the insurance policy says those coverages are excluded.

 

Although terms and provisions of an insurance policy are usually valid, the contracts must conform to the laws regulating insurance of the state. Some of these states prohibit denial of automobile coverage and define off-road vehicles as a type of motor vehicle. It is important to work with an attorney who understands the laws and definitions regarding insurance policy for the state where your injury took place. We are experienced and are here to help.

 

Articles:

 

Members of Goodnow|McKay are vigilant in research and advocacy on behalf of accident victims. Please see the linked articles below related to ATV crashes:

 

• Practical Law Series: ATV and Off-road Injury Cases
• The Car Insurance You Should Have But Probably Don't