The call of the open road and the thrill of the ride undoubtedly contribute to the reasons New York handed out 370,101 motorcycle registrations in 2023. Yet, the dangers of riding on the streets of NYC can’t be denied. In Manhattan alone, 42 traffic accidents involved motorcycles in the first three months of 2024. Citywide, the count is 289.
Bikers must take extra precautions when riding that motorists don’t have to worry about. However, you can do everything right and still have a serious accident. If you’ve been involved in a motorcycle accident and sustained severe injuries, a Cellino Law motorcycle accident lawyer can help you determine your next steps. It’s important to contact an attorney as soon as possible to ensure you understand your rights and options before accepting an insurance settlement.
Filing an Insurance Claim Versus a Legal Claim
Motorists in the State of New York file an insurance claim with their own provider if they sustain injuries from a car crash. The state’s no-fault accident insurance laws ensure injured parties obtain financial compensation regardless of fault or negligence, with a few exceptions. If their damages exceed their personal injury protection coverage, they can file with the other driver’s insurer or file a legal claim.
Most of the time, motorcyclists have no choice but to pursue a claim through the other driver’s insurer, as the law does not require insurance companies to provide PIP coverage to motorcycle operators or passengers.
Pursuing Compensation From the Insurer
When you file an insurance claim with the other party’s provider, fault and negligence become factors. The insurer is not obligated to cover your medical expenses and lost wages if you can’t prove their policyholder is responsible for your injuries. You must demonstrate that the other person’s driving behavior contributed to the accident and resulted in physical damage to you.
The insurance company will require proof and may still find ways to cut their costs. One way they often ensure they don’t pay as much as they should is to offer a quick settlement. Though motorcycle accidents frequently result in serious injuries that can have repercussions well into the future, insurers count on claimants needing up-front money to cover mounting expenses.
Unfortunately, if you go this route, you usually must agree that you will not pursue further compensation, including through a legal claim against the insurer. If your expenses exceed your settlement amount, you will have to cover them yourself.
Even if you successfully file a claim and jump through the hoops to obtain documentation of potential future medical and related costs, the company will only compensate you up to the policy liability limits. Additionally, auto insurance only pays for economic damages, which include medical expenses and lost wages. They will not pay non-economic damages, such as loss of earning potential and pain and suffering.
Pursuing a Legal Claim
We understand how daunting the idea of a lawsuit can be. However, it may be the only way to obtain the compensation you deserve. Most lawsuits are settled out of court, so it’s likely that you would not need to experience courtroom proceedings with a judge and jury.
As a biker, you may find obtaining a fair settlement from the insurance company especially challenging, as biases against riders are common. Cellino Law motorcycle accident lawyers have years of experience working with crash victims to obtain justice and won’t hesitate to pursue a legal claim when the insurance company refuses a satisfactory agreement. Furthermore, we make the process as easy on you as possible, so you can worry about getting your life back rather than dealing with defense attorneys.
If you sustained severe injuries that lead to long-term or permanent challenges, such as disfigurement or dismemberment, a lawsuit provides a path to receiving financial compensation for emotional and other non-economic damages. No matter how good an insurance policy is, it won’t cover these losses.
How Can a SoHo Motorcycle Accident Lawyer Help You With Your Claim?
Motorcycle accident cases are complex and challenging. They often require more evidence to turn inherent bias into a fair fault determination. A seasoned SoHo, NY, motorcycle accident lawyer will work with you on every aspect of your case to ensure you have the best chance of a favorable outcome.
Providing an Honest Evaluation
Before an attorney begins working on your case, they will evaluate the facts you provide to determine its merits. At Cellino Law, we want you to understand your claim’s strengths and challenges. Additionally, we want you to understand your rights and options. You can count on us to provide a fair assessment of your case.
Gathering Evidence
Gathering the evidence is a time-consuming process. A motorcycle accident lawyer knows what evidence to seek and how to get ahold of it. Often, it takes us less time to access the same evidence as it would take you.
Communicating With Other Parties
Whether it’s the insurance company or defense attorneys, your lawyer will handle communications. Lawyers know what to say and how to say it in ways that won’t jeopardize your case. Unfortunately, too many motorcycle accident victims inadvertently say something that the other party can use against them.
Calculating Damages
To gain a true understanding of your losses, you need to account for both past and future expenses and losses. A SoHo motorcycle accident attorney knows how to calculate potential costs based on statements from experts such as doctors and psychologists.
Negotiating a Settlement
Negotiations are both art and science. An attorney with experience handling motorcycle accident cases has the skills and knowledge to negotiate compensation acceptable to the other party and, most importantly, still fair to you.
Going to Court
If a fair settlement isn’t reached with the insurance company, your lawyer can help you file a legal claim. If the legal claim also ends in a stalemate, your attorney will fight for you in the courtroom.
Is It Hard To Get Started With a Motorcycle Accident Lawyer?
At Cellino Law, we do our best to make the process as easy for you as possible. You can call our Manhattan office to receive your free case or fill out our online form, and someone will get in touch with you. Contact us today to begin your claim!