If you’ve been hurt in a motorcycle accident in New York, you need to know how the law differs for you versus someone driving a car. New York is a no-fault insurance state, which means that when vehicles collide, each driver initially files claims against their own insurance policy for reimbursement of medical expenses and other accident-related costs. The no-fault laws, however, do not apply to motorcycles. That means you can sue the other directly for compensation of your injuries and property damage, provided you can prove that driver was at fault.
Although New York law requires motorcyclists to carry liability insurance, those policies do not include no-fault coverage, also known as Personal Injury Protection (PIP). Motorcyclists can voluntarily carry first-party insurance to cover injuries or damages suffered in an accident. For bike riders who do not carry such insurance or who need compensation beyond their coverage limits, the claims process can be complex and time consuming.
One advantage of motorcycles not falling under general no-fault law is that that there is no minimum threshold for the amount of a claim that can be filed against another driver. New York allows automobile drivers to sue only if they are seriously injured. Motorcyclists, however, can bring claims against an at-fault driver regardless of the degree of injury.
After you’re in a motorcycle accident, you can sue the other driver for the following:
- Medical expenses, including hospitalization costs and rehabilitation
- Lost wages
- Pain and suffering
- Emotional distress
- Punitive damages, if the driver was extremely negligent or reckless
Keep in mind that because motorcycles are considered inherently dangerous, insurers and their attorneys typically offer lower settlement amounts than in cases involving four-wheeled vehicles. To get the settlement you deserve, you need to be prepared for a longer process and tougher negotiations. As a precautionary measure, you should carry good health insurance, given the higher risk of injury and the time it can take to receive money from a claim against another driver.
Another consideration is that you will face reduced damages if you’re found to be partially at fault. Wearing proper protective gear, obeying traffic signs and investing in bike safety equipment all decrease your risk of being found partially liable for the accident or your injuries.
Injuries suffered in a motorcycle accident can affect not just your health but also your finances. To succeed in getting ample compensation, you need an experienced legal team who can guide you through the process and protect your interests.
If you have been injured in a motorcycle crash, contact Goldberg Sager & Associates for a full evaluation of your potential right to pursue damages. With over 50 years of combined experience assisting injured bikers, we can help you build a strong case. Call us at 718-645-6677 or contact us online to schedule a consultation in our Brooklyn office.
