July 30, 2024
For motorcyclists, accidents often result in more serious injuries than car accidents given their vulnerability when on the road. In New York, filing a claim for a motorcycle accident comes with its own set of unique challenges, as motorcyclists are not covered under New York’s no-fault law.
If you are a motorcyclist in New York that has been involved in an accident, understanding your rights and the process for filing a claim is important in ensuring you receive the compensation you deserve.
Understanding Fault In Motorcycle Accident Claims
Motorcycle accident claims differ substantially from car accident claims in New York due to the inherent risks associated with motorcycles. The severity of injuries is often greater, and the bias against motorcyclists can be a barrier to achieving fair compensation.
When filing a claim with insurance, determining fault is a determining factor on the amount of compensation you’re able to receive for your damages.
The Presence of Negligence
In order to establish liability, you must be able to prove that the other party acted negligently in some way. Negligence occurs when a driver fails to exercise reasonable care, leading to an accident. Some common examples of negligence include:
- Distracted driving
- Driving under the influence
- Speeding or reckless driving
- Failure to obey posted traffic signs or signals
New York’s Comparative Negligence Rules
New York follows a comparative negligence rule, meaning that even if you are found to be partially at fault for the accident, you are still able to receive compensation for your injuries. However, the amount of compensation you are eligible to receive is reduced by the percentage you were found to be at fault.
For example, if you were found to be 20% at fault for an accident where you sustained damages, you would be able to recover 80% of the total damages available to you.
Insurance Requirements For Motorcyclists in New York
Motorcyclists in New York must adhere to specific insurance requirements that vary from typical motor vehicle insurance. Unlike auto insurance, motorcyclists are not eligible to receive no-fault benefits in the event of the accident. However, motorcyclists are required to carry coverage at the state minimums of:
- $25,000 in bodily injury per person
- $50,000 in total bodily injury per accident
- $10,000 in property damage per accident
Supplementary Underinsured Motorist Coverage
While not mandatory, it’s highly recommended that motorcyclists opt into Supplementary Underinsured Motorist (SUM) coverage. SUM coverage acts to protect the policy holder in the event that they are involved in an accident where the at-fault party lacks sufficient coverage to pay for the cost of their injuries or damages.
It’s important to remember that drivers are only able to carry the amount of coverage that is equal to or lesser than their current liability policy limits. For example, if you’d like to opt-in for SUM coverage at $50,000 per person, you must also increase your bodily injury coverage from the minimum of $25,000 to $50,000.
What To Do After A Motorcycle Accident
Being involved in a motorcycle accident can be an overwhelming event, but keep these 5 things in mind immediately after the accident and following soon after.
- Pull Over To A Safe Area: Move to a safe location if possible to avoid further danger from traffic. Check yourself and others involved for injuries. If anyone is injured, call 911 for medical assistance immediately.
- Call The Police: Call the police to report the accident. In New York, it’s required to report an accident that results in injury, death, or property damage exceeding $1,000. Having an official police report can be a valuable piece of information for insurance claims and legal proceedings.
- Exchange Information: Exchange contact and insurance information with the other parties involved in the accident. Collect names, addresses, phone numbers, license plate numbers, driver’s license numbers, and insurance policy details. If there are witnesses, get their contact information as well.
- Document the Scene: Take photos and videos of the accident scene, including the vehicles involved, any visible damages, road conditions, traffic signs, and any other relevant details. This documentation can provide valuable evidence for insurance claims or legal proceedings.
- Seek Medical Attention: Even if you don’t believe you’re seriously injured, it’s important to seek medical attention as soon as possible. Some injuries, such as whiplash or internal injuries, may not be immediately apparent. Keep records of all medical evaluations, treatments, and expenses related to the accident.
Remember to stay calm and avoid admitting fault or making any statements that could be used against you later. Consult with a personal injury attorney who has experience working with motorcycle accidents to understand your rights and options moving forward.
Types of Compensation Available In Motorcycle Accident Claims
Motorcycle accident victims may be entitled to receive various forms of compensation, depending on the severity of their injuries and other contributing factors. These damages can include:
- Economic Damages: These damages include quantifiable losses like medical expenses, lost wages, and property damage.
- Non-Economic Damages: Damages identified as non-economic include pain and suffering, loss of enjoyment of life, and loss of consortium.
- Punitive Damages: In cases of extreme negligence or intentional misconduct, punitive damages may be awarded to deter similar behavior in the future.
Common Challenges Motorcycle Accident Victims Endure
When filing a personal injury claim, motorcyclists can often run into hurdles. Motorcycle claims can present a unique set of challenges that may complicate the legal process. These can include:
- Bias against motorcycles: There is often a societal bias against motorcyclists, with a perception that they are riskier drivers. This bias can affect how insurance adjusters, judges, and juries view your claim.
- Severity of injuries: Motorcyclists are more vulnerable to severe injuries due to the lack of protection compared to car occupants. This can lead to complex medical treatments and higher compensation claims, which insurance companies may contest vigorously.
- Insurance company tactics: Insurance companies are known to deploy tactics to minimize an injury victim’s claim which include delaying offers and denying or disputing claims.
- Gathering Evidence: Collecting sufficient evidence to prove fault and damages can be challenging. This includes obtaining witness statements, medical records, and expert testimonies.
How A Personal Injury Attorney Can Help
A personal injury attorney can provide injury victims with invaluable support after a motorcycle accident, ensuring that you receive fair compensation for your injuries. Your attorney will work to conduct thorough investigations, gathering evidence like police reports, medical records, and witness statements. They may also have access to medical experts and accident reconstructionists to support your claim and establish injury extent.
Dealing with insurance companies can be tough, as they aim to minimize payouts. Attorneys handle all insurer communications, protecting your rights and negotiating fair settlements. They also calculate true claim value, considering future medical expenses, lost wages, pain and suffering, and overall life impact. If necessary, your attorney will represent you in court.
Motorcycle Crash? Call Cellino Law.
Navigating motorcycle insurance law in New York can often be an arduous task, especially if you are not familiar with the insurance claims process. Insurance companies can try to undermine your injuries or refute your claims, which may lead to a lowball settlement offer. At Cellino Law, our team of attorneys have the knowledge and experience necessary to help you secure the compensation you deserve. You don’t have to navigate the claims process on your own. If you or a loved one has been seriously injured in a motorcycle accident, don’t wait. Call Cellino Law for your free case consultation at 888-888-8888.
Content checked by the personal injury attorney Ross Cellino. As a family man and a trial attorney, I pride myself on winning cases and serving the community. With over 35 years of experience, I understand the function of a jury, how juries arrive at conclusions, and the role that the jury plays in administering justice. I know how to win cases. You can find us in Manhattan, Buffalo, Melville, Rochester, Brooklyn, The Bronx, Queens and other locations throughout New York.