New York Motorcycle Accidents Lawyers

Motorcycle Issues

Under what is commonly referred to as New York's "No Fault" Law if you are injured while occupying an automobile insured in the State of New York, you are entitled by law to up to $50,000.00 in combined medical expense and wage loss benefits regardless of who was at fault in the occurrence of the accident.

Many motorcyclists (particularly those who insure both an automobile and a motorcycle) presume that the same benefits are available if they're injured while operating a motorcycle. They are mistaken! Motorcycle policies provide a medical payment provision. Each contract is different but the vast majority of policies provide not more than $5,000.00 in coverage for medical expense incurred when a motorcyclist is injured in an accident. Many provide only $1,000.00 and some provide coverage for passengers and pedestrians but not the operator.

The bottom line is that if you are injured in a motorcycle accident it's likely that your medical expenses will exceed this medical payment coverage, often by a substantial sum of money, which may place the operator in an extremely difficult financial circumstance, particularly if the injury was sustained through no one's fault but their own. You must, therefore, obtain medical insurance to cover these expenses so as to avoid financial disaster in the event of a serious accident. Operating a motorcycle without major medical insurance is a recipe for disaster!

Also, since many automobiles driven locally are insured with the minimum mandatory coverage of $25,000.00 per person/per accident, motorcyclists, who may be seriously injured and possibly hospitalized in the event of an accident caused by that motorists negligence should purchase a coverage called "underinsurance" to assure that they are fully compensated for their pain and suffering if the accident was not their fault.

Here's how it works; assume that the driver blamed for the accident carried the minimum liability coverage in New York, i.e., $25,000.00 per person/per accident. Assume further that you would be entitled to fair compensation in the amount of $250,000.00 for injury sustained by consequence of their negligence. You are not going to get it from the driver's insurer, but, if you protected yourself by purchasing $250,000.00 of underinsurance when you insured your motorcycle in that amount against claims brought by others, you can recover the available insurance on the vehicle and proceed against your own company in arbitration for the difference, i.e., $250,000.00 less $25,000.00 or an additional $225,000.00.

Most companies will allow you to carry underinsurance equivalent to the limit of your coverage which protects others. So, for example, if you insured others up to $500,000.00 you can carry $500,000.00 of underinsurance as well. The coverage is not expensive and worth every penny if you fall victim to someone who does not have adequate coverage. This is particularly so if you do not have adequate medical insurance yourself.

I strongly encourage you to review your coverages and, if necessary, speak to your agent to be sure you have this coverage, and that the limits of coverage are appropriate to your individual circumstances. If you have the unfortunate need to use the coverage, consult this office right away as there are strict time limits imposed when making a claim.

Call our Goshen, New York, office at 1-866-443-0971 for a free initial consultation. If your car crash injuries prevent travel, Attorney Cupero will personally visit you at your home or hospital.

The Law Offices of James J. Cupero, PLLC, represents injury victims in the Mid-Hudson Valley and Tri-State area, chiefly in Orange County, Sullivan County, Ulster County and Rockland County, including Goshen, Warwick, Middletown, Montgomery, Chester, Newburgh, Wallkill, Washingtonville, Port Jervis, Scotchtown, Walden, Monticello, Monroe, Greenwood Lake, Tuxedo, Sterling Forest, Rock Tavern, Rockland, Dutchess, Florida, Central Valley, Highland Falls, Highland Mills, Minisink, New Windsor, Hamptonburgh, Blooming Grove.