Many people in Virginia enjoy riding ATVs in the state’s wilderness or outdoor recreation areas, but off-road vehicles can be extremely dangerous. One report from the U.S. Consumer Product Safety Commission found that 37 people in Virginia died from all-terrain vehicle (ATV) accidents during one recent year.
To make matters worse, many Virginia residents injured in these crashes are surprised to learn that health insurance policies do not always provide coverage of medical bills related to injuries from ATV accidents, particularly if an insurer believes a rider acted carelessly in violation of policy exclusions. Unfortunately, that means some injured Virginia ATV riders struggle after an accident if they do not have a separate ATV insurance policy.
Understanding ATV Insurance Requirements in Virginia
Virginia law does not require ATV owners to buy insurance, but that does not mean you should go without it. Many ATV owners choose to carry insurance voluntarily to protect themselves from the high costs of accidents. Without ATV-specific coverage, injured riders may have to rely on their health insurance or pay out of pocket for medical treatment after a crash.
Some health insurance policies contain exclusions for off-road vehicle accidents, particularly when an insurer sees a rider as engaging in reckless or high-risk behavior. If you are hurt while riding an ATV, your health insurer could deny your claim, even though your policy would otherwise seem to cover ATV crashes.
Dedicated ATV insurance offers a safety net that health insurance often does not provide and can help protect your finances if an accident happens on the trail.
What Factors Determine If Your ATV Injuries Are Covered by Insurance?
No two ATV accidents are the same, and the terms and coverage that insurance companies provide for ATV crashes vary widely among policies. That means the specific elements of an individual crash determine whether your insurer will cover your injuries.
Key factors affecting coverage in these situations may include:
- Crash location and how you used the ATV – An insurer may treat your claim differently depending on whether your injuries occurred on public trails, private property, or during other off-road recreation. Some policies exclude accidents that occur during recreational or competition-based use.
- Policy exclusions – Many health insurance plans exclude injuries from high-risk activities like ATV riding. Likewise, ATV insurance companies may deny claims if they believe you ignored safety rules or were intoxicated.
- Type of insurance – Filing an ATV insurance claim typically covers property damage and liability claims, while health insurance may cover your medical costs, assuming no exclusions apply. Homeowners’ insurance, liability insurance, auto insurance policies, and other types of coverage may be available in certain circumstances.
- Negligence or third-party fault – If someone else’s carelessness caused the crash, such as another rider or a property owner, you may have grounds for a personal injury claim, which could provide broader compensation than your health or ATV insurance offers.
Injured in an ATV Crash? We Can Help.
We understand how overwhelming the aftermath of a Virginia ATV crash can be. Between medical expenses, insurance questions, and time away from work, you are likely facing substantial financial and emotional stress.
D. Michael Mullori, Jr., Attorney at Law, can help you make sense of your options for ATV coverage. Our team stands ready to review your health and ATV insurance coverage, file your claim, and determine whether you qualify for additional compensation through a personal injury lawsuit, especially if someone else’s negligence caused your injuries.
Contact us today for a free consultation with a Virginia ATV accident lawyer about how we can help you seek compensation for your losses.
