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6.10.2024

Will Your Current Insurance Cover an ATV Accident?

All-terrain vehicles (ATVs) offer a thrilling way to explore Montana's beautiful landscapes. However, these powerful machines also come with inherent risks. If you or a loved one has been injured in an ATV accident, the financial burden of medical bills can be overwhelming. Understanding what your current insurance policies cover can help you navigate this challenging time.

Auto Insurance Exclusions

While car insurance is essential for on-road vehicles, auto accidents, it typically excludes coverage for ATV accidents. ATVs are considered off-road vehicles, and most standard auto insurance policies won't apply.

There might be a rare exception if the accident occurred on a public road where ATVs are legally allowed. It's crucial to check your specific policy wording to determine if there are any exclusions related to off-road use.

What is Gap Insurance?

In some instances, collision or comprehensive coverage on your car insurance might extend to an ATV accident, but only if the ATV is listed on the policy. This type of coverage would typically only apply if the ATV was stolen or totaled. Medical expenses wouldn't be covered.

Gap insurance, an add-on to some auto policies, might provide some financial protection if your ATV is financed. However, it's important to note that gap insurance only bridges the gap between the actual cash value of the ATV and the loan amount owed. It wouldn't cover medical bills.

Homeowners Insurance Exclusions

Homeowners insurance generally excludes coverage for accidents involving off-road vehicles like ATVs. There might be a slight chance of coverage if the accident occurred on your own property and involved negligence by a third party. It's best to consult with your homeowners insurance provider to understand their specific exclusions.

Recreational Vehicle Insurance

The most appropriate insurance for ATV accidents in Montana is dedicated recreational vehicle (RV) insurance. This type of policy is designed specifically for off-road vehicles and can provide comprehensive coverage, including:

  • Medical expenses: RV insurance can help cover medical bills for you and your passengers if you're injured in an ATV accident.
  • Property damage: This covers repairs or replacements for your ATV if it's damaged in a collision.
  • Liability: If you're responsible for injuring someone else or damaging their property in an ATV accident, liability coverage can help protect you from financial repercussions.

What Will NOT Be Covered?

It's important to understand the exclusions of your RV insurance policy. Common exclusions might include:

  • Accidents resulting from driving under the influence (DUI)
  • Racing or other competitive events
  • Intentional damage

Golf Cart Insurance

While this blog focuses on ATV accidents, it's important to note that golf carts have different insurance needs than ATVs. Golf carts are typically used on private property or designated golf courses. Here's a brief breakdown of golf cart insurance:

  • Homeowners insurance: In some cases, your homeowners insurance might provide limited coverage for golf cart use on your own property. However, coverage typically excludes accidents beyond your property line.
  • Auto insurance (rare): Similar to ATVs, some auto insurance policies might extend coverage to golf carts, but only under specific circumstances (usually limited to street-legal carts).
  • Specialty golf cart insurance: The most comprehensive coverage option for golf carts is specialized golf cart insurance. These policies can provide coverage for property damage, liability, and medical expenses, depending on your specific needs and how you use your golf cart.

Helmet Laws in Montana

Montana law requires all ATV riders under 18 to wear a Department of Transportation (DOT) approved helmet. While not mandatory for adults, wearing a helmet significantly reduces the risk of head injury in the event of an accident.

Tips for Safe Riding

Enjoying the thrill of ATVs comes with a responsibility to prioritize safety. Here are some essential tips for safe riding:

  • Always wear a DOT-approved helmet, regardless of age.
  • Read and understand the owner's manual for your specific ATV model.
  • Only ride on designated trails and avoid riding on public roads unless legally permitted.
  • Never ride under the influence of alcohol or drugs.
  • Adjust your speed and riding style based on terrain and weather conditions.
  • Take a safety course to learn proper handling and operation techniques.
  • Supervise children closely when they are riding ATVs.

What to Do if You Are Injured on an ATV

If you've been injured in an ATV accident, the following steps are crucial:

  • Seek immediate medical attention for any injuries, no matter how minor they may seem.
  • Report the accident to the Montana Fish, Wildlife & Parks (FWP) if it resulted in serious injury, property damage, or death.
  • Document the scene by taking pictures and videos of the accident location, your injuries, and any property damage.
  • Contact your insurance company to understand your coverage options.
  • Consider speaking with a personal injury attorney specializing in ATV accidents.

How an Attorney Can Help Your Case

An experienced personal injury attorney can help you navigate the complexities of an ATV accident claim. They can:

  • Investigate the cause of the accident and identify potentially liable parties.
  • Gather evidence to support your claim.
  • Negotiate a fair settlement with the insurance company.
  • Represent you in court if necessary.

Additional Benefits of Hiring an Attorney

  • Knowledge of ATV Laws: ATV accident laws can be complex and vary depending on the specific circumstances. Your attorney will have a deep understanding of Montana ATV laws and how they apply to your case.
  • Experience Dealing with Insurance Companies: Insurance companies have their own teams of lawyers working to minimize payouts. Your attorney will be familiar with insurance company tactics and how to counter them.
  • Reduce Stress and Burden: The aftermath of an ATV accident can be overwhelming. Your attorney will handle the legal aspects of your case, allowing you to focus on your recovery.

Conner, Marr & Pinski Montana Injury Attorneys

At Conner, Marr & Pinski, we understand the physical, emotional, and financial hardships associated with ATV accidents. Our experienced Montana personal injury attorneys are committed to helping you through this challenging time. We will work tirelessly to investigate your case, gather evidence, and fight for the compensation you deserve.

Contact us today for a free consultation to discuss your ATV accident case and learn more about how we can help. We are available 24/7 to answer your questions and guide you through the legal process. Don’t hesitate to reach out - we are here for you.

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