How Much Can I Get for My New York Motorcycle Accident Claim?
After a New York City motorcycle accident, most people are curious about what kind of settlement they will get and if it will be enough to cover all the medical and other expenses related to the accident. The issue is, there is no simple answer or way to get an exact or instant dollar amount. This is because every accident situation is different, including types of injuries, medical costs, motorcycle damages, insurance policies, liability, and how the accident actually occurred. If New York motorcycle accident cases simply had a flat number as a value for every motorcycle accident claim, Proner & Proner would not be able to consider the unique conditions of each case and help victims get the compensation they truly deserve based on how the accident has affected their lives and resulted in costs and expenses for them.
Want to get an estimate on how much money your NY motorcycle accident case is worth right now? We are available 24 hours a day and offer free consultations for anybody injured in a motorcycle accident, regardless of fault, whether the accident happened in New York City , Long Island, Upstate New York, Connecticut, or anywhere else in the continental United States. As a matter of fact, we have represented motorcycle accident victims in over 30 different jurisdictions. Contact Proner & Proner at 1(800) 776-5291 or contact us on our online form.
Step 1: Determine Who Is Liable for Your New York Motorcycle Accident
The first thing a skilled attorney will do is to establish relative fault for the causing of the motorcycle collision. Various factors may seem to make it unlikely to recover damages for the rider which may include, the involvement of alcohol or drugs, unsafe speed, or reckless lane changes. This could make the case more difficult but not always impossible to win. A skilled attorney can evaluate the relative strengths and weaknesses of a claims that affect a decision on who is at fault or who has “liability”
Step 2: Look at the Other Party’s Insurance Policy and Your Own Motorcycle Insurance
Both parties’ insurance policies may come into play regarding your claim and what your max settlement can be. It is important to note that most motorcycle insurance policies in New York State do not automatically come with Personal Injury Protection (PIP), meaning the motorcyclist would often be responsible for their own medical expenses thereafter. Some motorcycle policies do, however, have “med-pay,” which at times does provide payment for medical bills. We can help you look at your policy to see what type of coverage you may have regarding your claim after motorcycle accident. Given the unique laws covering motorcycle accidents, it is very important that you do not listen to your insurance broker alone as it is our experience that even the brokers sometimes are mistaken as to the full amount of coverage provided.
The following are the minimum requirements in NYC, as well as the rest of New York State, for driving insurance coverage. These minimums can put a cap on how much you may be able to receive in a settlement:
- $25,000 in bodily injury coverage
- $50,000 in total bodily injury coverage for accidents where multiple people are injured
- $50,000 in death coverage
- $100,000 in death coverage for accidents with multiple fatalities
- $10,000 in property damage coverage
If the other party does not have insurance, you can still get compensation for your motorcycle accident injuries. As long as you have your own proper insurance there is coverage on under uninsured motorist protection portion of your policy.
Because of how complicated insurance policies can be in New York, it is extremely beneficial to have Proner & Proner on your side after a New York City motorcycle accident. What can be difficult to do alone against an insurance company may be very possible with legal representation. Our expert NY motorcycle accident lawyers can get into the nitty-gritty details and find ways to get you the compensation you deserve.
Step 3: Determine the Severity of Your Injuries in the Motorcycle Crash
Another factor that can affect your claim is injuries. Naturally, the more serious your injuries, the more compensation you are likely to receive. Naturally the greater the injury, the more you are entitled to be compensated for pain and suffering and future medical expenses, as well as for future lost earnings, all your hospital and medical bills, and lost earnings that exist from the time of your motorcycle accident to the present. Please note that the New York State no-fault law, which is Section 5102(d) of the New York State Insurance Law, DOES NOT apply to motorcycles. This is where having an experienced NY motorcycle accident lawyer from Proner & Proner can help you to maximize your chances of winning your case or securing a large settlement.
Step 4: Calculate Your Expenses That Are Related to the Motorcycle Accident
Once a knowledgeable attorney has determined that you have a good chance for a settlement after a motorcycle accident in NYC or other parts of the country after looking at liability, insurance policies, and injury levels, they can then begin the actual estimation process. You and your attorney can also decide whether to do a personal injury or property damage settlement (or both) based on the situation. There are both general and common expenses to consider, as well as more specific and obscure costs.
General expenses include any medical expenses you have paid for and recovery costs. This can include ambulance and hospital visit costs, doctor’s visits, surgeries, physical therapy, follow-ups, etc. It is important to note that there is no minimum threshold requirement in New York for medical expenses and settlement claims. If there was property damage, that can also be included.
You can also add up special expenses and estimate them based on the amount of time you have been injured. You can consider lost wages for time out of work, potential future loss of income such as no longer being eligible for benefits and promotions because of absence or not being physically capable, outside medical expenses (therapy, psychiatry, prescription drugs), paid help (maid, lawn care, babysitting, pet sitting), and even unpaid help from family and friends. Remember: time is money.
Anything increased costs or lost time caused by your NYC motorcycle accident are costs and time that you may be able to put toward your claim estimate. After you have gotten all your expenses written down, you can add them all up for a potential estimate on your settlement. Be aware, however, that using an experienced NY motorcycle accident lawyer could result in a much larger settlement compared to what you could get fighting on your own.
Tips to Making Sure You Get Offered the Best Motorcycle Accident Settlement Possible!
Here is some advice from our skilled New York motorcycle accident lawyers to put you in position to get the highest settlement possible. Make sure to seek medical attention as soon as possible, make sure to see a specialist, and make sure to keep up with medical treatment — or insurance companies can potentially find loopholes to deny you coverage.
You can call the insurance company and get a settlement offer; however, it is best to consult with an expert motorcycle accident attorney at Proner & Proner first to receive a free consultation about your case, learn your rights, and get a legal and professional opinion on the true settlement amount you could be filing for. You don’t have to accept the first settlement offer, and consulting with Proner & Proner does not bind you to legal action or cost you a dime.
Be wary of the statute of limitations in NYC for filing a personal injury claim after a motorcycle accident. While normally the limit is three years from the day you were injured, in some situation your time may be much shorter, and you must file a claim within 90 days or be forever barred from bringing a claim. It is best to talk to an experienced New York motorcycle crash lawyer to find out your legal options.
Free Consultation with an Experienced New York City Motorcycle Accident Lawyer!
If you want to see what all your options are and get a professional and free estimate on your NY motorcycle accident claim, contact Proner & Proner today by calling (800) 776-5291 or by filling out the online form.