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Motorcycle Accidents

MOTORCYCLE ACCIDENTS IN NEW YORK

Motorcycles in New York present a number of intricate issues for personal injury lawyers that represent those injured in motorcycle accidents. The laws are complex and are traps for the unweary. The first problematic issue is that in New York insurance companies are not required to provide no fault benefits. For a motorcycle rider to be entitled to these benefits, they must be specifically purchased. Where a person in New York is injured in a car or truck accident the insurance company for the car or truck is obligated to pay for the medical bills and lost wages. For motorcycles there is an exception. However, a motorcycle rider is hit by a car, the car’s insurance company is obligated to provide no fault benefits which means that they have to pay for the motorcycle rider’s medical bills and lost wages.

However, there is a further complication because to be entitled to the benefits, the motorcycle rider must file a no fault application with the insurance company of the car or truck that hit them within thirty days of the accident. Obviously, the first question is how does the motorcycle driver identify the correct insurance company. The answer is simple because on most police reports in New York, there is a DMV insurance code, which is put on the police report from which the correct insurance company can be identified. Unfortunately, the law requires actual contact for the car’s insurance company to be obligated to provide coverage. So accidents which occur because a motorcycle rider took evasive action to avoid a collision and then hit a fixed object such as a tree or dropped a bike is not covered.

Accidents involving motorcycle riders also tend to involve more serious injuries because of the obvious lack of protection to the rider, compared to a car or truck driver. The potentials for accidents with motorcycles are also increased because of the mechanics of a motorcycle and the physics involved in motorcycle operation. Many accidents occur at intersections where a car turns in front of a motorcycle. Unfortunately in these circumstances motorcycles cannot stop all of a sudden, and drivers are often unaware of the precarious positions which drivers put motorcycle riders in.

Our New York personal injury lawyers have experience in handling all sorts of accidents and are committed to protecting the New York’s motorcycle riding community of New York City, including Manhattan, Bronx, Brooklyn and Queens and Westchester, including the towns of White Plains, Mount Vernon, Yonkers, Ossining, New Rochelle, Pelham, Port Chester, Scarsdale, Rye and Tarrytown. Our New York accident lawyers have offices in Manhattan and White Plains and consultations are always free.

 
The Law Offices of Michael H. Joseph