motorcycle accidents often involve personal injuries problems for motorcycle riders and passengers. In New York State, the rules for motorcycle accident cases are different than for car accidents.
In car accident cases, your medical bills and lost wages are paid by the insurance company of the car you were in at the time of the accident. This comes through a part of that car’s insurance coverage called “No-Fault,” which also applies to pedestrians or bicyclists injured in a collision with the car. However, this coverage for an automobile does not apply to a motorcycle driver (or motorcycle passenger) who collides with the automobile.
New York No-Fault Law generally does not apply to motorcycles and coverage is not included in motorcycle insurance policies. An injured cyclist will often have substantial medical bills and lost wages. These may be paid for by some other form of insurance, or the motorcyclist may have to deal with them out of pocket.
The problem of medical bills and lost wages also affects motorcyclist personal injury claims. In a personal injury case for pain and suffering in a car accident, these “economic damages” are generally not a factor unless they exceed $50,000, which is rare. In motorcycle cases, these damages often come into play. If a health insurer paid the bills, they will often place a “lien” against the damages in the personal injury case. The case cannot be solved without addressing the link, and some of this may stem from what the motorcyclist gets. Similarly, if medical bills are not paid, the hospital and other medical providers may place a lien themselves.
One consequence of the No-Fault Law for car accidents is that an injured person must prove that they suffered a “serious injury.” Many New York car accident attorneys refer to this as the serious injury threshold. It makes these more difficult and actually renders many cases useless. Conversely, since No-Fault does not apply, New York motorcycle accident lawyers have an easier time getting money for clients because they do not have to exceed the serious injury threshold.
Another concern in motorcycle accident cases is the danger of jury bias. Many people view motorcycling as an inherently risky activity and may view riders in a negative light. Such juries are more likely to find a motorcyclist at fault. An experienced motorcycle accident attorney will screen potential jurors during jury selection with an eye toward finding individuals with these or other harmful biases and eliminating them.