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Advice for Motorbike Passengers Injured in Alberta

Most people know what happens when you’re the driver in a motorcycle accident who gets injured in a crash. Most people understand what to do if they’re a pedestrian struck by a motorcycle.

Few people understand their options or rights when they’re injured passengers. Do not assume you don’t have rights or that no help is available.

Here’s what you need to know.


Does insurance cover passengers?

As the passenger in a motorcycle accident case, you are the most innocent party. Unless you were doing something truly unusual, it’s usually impossible to blame a passenger for the crash.

Some passengers get blamed for their injuries if they weren’t wearing a helmet, but few passengers cause the crash itself.

Plus, you are covered through the motorcyclist’s insurance company. You are eligible for Section B benefits regardless of who is at fault. These benefits cover up to $50,000 in medical care. They also cover up to $600 a week of disability pay for up to 104 weeks and offer a housekeeping allowance of up to $200 a week.

You could also be protected by the operator’s Family Protection Endorsement (SEF 44) benefits. These benefits offer protection up to the operator’s third-party liability limits.

If the motorcycle operator you were riding was not the at-fault party, you might also be able to sue that party. At the accident scene, you should collect insurance information from both drivers, as it may be difficult to tell who may be held accountable when all is said and done.

If the at-fault driver was uninsured or underinsured, we can help you make a claim with the Alberta Motor Vehicle Accident Claim Fund. However, the fund will only cover up to $200,000 for all claimants.


How can you make a claim?

You should contact your lawyer right away. You have just 30 days to file a Section B claim. While you have more time to file a lawsuit against either party, waiting rarely ends well.

Worried you might harm your family member or friend by making a claim?

Don’t be. You’re dealing with insurance companies.

Their rates may go up, but their rates can’t possibly go up as much as your medical bills are about to go up, to say nothing of the significant expenses generated by the life changes you may need to adjust to after your injury.


Get Help Today

Passenger claims can become very complicated very fast. You will need help claiming all of your benefits and launching a lawsuit should you choose to.

The attorneys at Merchant Law have decades of experience handling motorcycle cases, including cases involving passengers. We’ve helped our clients recover billions of dollars because we’re savvy negotiators and tough litigators with the resources it takes to get the job done.

Don’t try to handle your claim alone, and don’t wait. Contact Merchant Law to schedule a case consultation today.

About Donald I.M. Outerbridge

Donald became the Executive Director of Merchant Law Group LLP starting in 1993, nearly 30 years ago. His experience managing law firms at various levels and in multiple provinces across Canada goes back even further to 1981.

Please note: The information provided on this website is Not Legal Advice. The information may or may not be accurate. The information is for discussion purposes only. Reliance upon any information provided would not be grounds to advance a claim against Merchant Law for providing any advice. In order to get a formal legal opinion upon which you may rely about any specific fact scenario, you would have to first retain the services of a lawyer and request a formal legal opinion.