Q: Motorcycle accident in NYC bicycle lane; offered insurance settlement less than medical costs.

A: Sorry to hear what happened to you. Although you could arguably obtain a verdict greater than $25,000 at trial, there is no guarantee that you'd be able to collect on a judgment. And that's assuming you win. Instead, the costs associated with going to trial will eat up whatever recovery you'd currently be getting by settling for the full policy limits. Best to speak with your current lawyer to discuss the risks and benefits of going to trial and to assess the likelihood of getting more $. Unfortunately, given the limited policy, there's little incentive for your attorney (or, for that matter, any attorney) to take your case to trial.

A: I'm sorry about your accident. More information is needed for a meaningful analysis, but it looks like you are currently represented. That would place your attorney in the best position to know the important details of the file needed to make a sound decision. As my colleague correctly advises, it would probably be best to sit down with your attorney and review things in detail to enable a well-informed decision, based on the policy, the information contained in the police report, the findings of liability, risks, and other factors. The inspection issue, although not helpful, might not be of great significance in apportioning liability, as there doesn't appear to be anything in facts about the mechanical condition of the motorcycle contributing to the accident. Good luck

A: Addendum - Based on the brief description of the accident, liability appears to be in your favor. However, I noticed you mention a bicycle lane. If the other vehicle operator or their attorney decide to press that or other possible issues, it could mean being prepared to anticipate a claim from them. Good luck

A: I'm sorry to hear about the accident and the injuries you’ve sustained. In New York, when you’re involved in an accident, especially one where liability is contested, there are several factors to consider when deciding whether to accept an insurance settlement or pursue a lawsuit. Based on the information provided, it sounds like there are some complexities that may impact your case and your ability to secure fair compensation.

First, liability in your case may be a key issue. The other driver claims they couldn’t see you due to two lanes of cars, which raises the question of whether they were negligent in failing to properly look for oncoming traffic. In New York, drivers have a duty to be aware of their surroundings and avoid causing accidents by turning into the path of oncoming vehicles. While you were in a bicycle lane, New York law generally prohibits motorcycles from using these lanes, but this doesn’t automatically mean the other driver is not at fault. If the other driver failed to yield the right of way or didn’t check properly before turning, they could still be found at fault for causing the accident.

Now, regarding the insurance settlement offer, the amount being offered — $25,000 — is the limit of the other driver’s liability insurance coverage. However, this amount may not cover your medical bills, which exceed $25,000. Your lawyer’s suggestion to accept the offer likely reflects the reality of what’s available from the other driver’s insurance and the challenges of recovering more money. Since you were in an improper lane and were uninsured, these factors could complicate your case, potentially reducing your chances of recovering more through a lawsuit.

However, the fact that the other driver’s only asset is a house worth $400,000 doesn’t automatically limit your options. If you were able to prove that the other driver’s actions were particularly negligent, you might be able to pursue a lawsuit to obtain additional damages, including pain and suffering. It’s also worth noting that New York’s no-fault insurance system typically covers some medical expenses, but since you were riding a motorcycle, no-fault coverage may not apply, and you would need to rely on the other driver’s liability insurance or a personal injury lawsuit.

Your lack of a motorcycle license and inspection may impact your case. These issues could be used by the defense to argue that your negligence contributed to the accident, though New York follows a comparative negligence rule. This means that even if you are partially at fault, you can still recover damages, but your compensation would be reduced by the percentage of fault attributed to you.

In conclusion, while accepting the $25,000 may seem insufficient, pursuing a trial could involve complex legal issues, including your improper lane use and lack of insurance. You should discuss your options with your lawyer, especially in terms of what additional damages could be pursued if the case goes to trial and whether the additional risks and costs outweigh the settlement offer.

Disclaimer: This response is for general informational purposes only and does not constitute legal advice. For personalized guidance, please consult a qualified attorney licensed in New York.