Q: Motorcycle accident injury and compensation inquiry

A: In New York your rights are limited by the no-fault law, section 5102 of New York’s insurance law. You get your medical bills and your lost income paid by your own car insurance up to $50,000. Anything beyond that you can claim from the at fault vehicle’s insurance, as well as claiming pain and suffering compensation, but you can only claim pain and suffering compensation if you have a “serious injury” as defined by the statute. From what you have stated in this brief summary, it doesn’t look like you have a serious injury, but it could develop into one with time. You need to consult with a New York personal injury lawyer about this to make sure.

A: You should be entitled to lost wages, payment of your medical bills and payment for your pain and suffering as a result of the negligent driver.

The NY Serious Injury Threshold law DOES NOT APPLY because you were driving a motorcycle. The law specifically excludes motorcycles from application. You need an attorney to assist in recovering from the defendant and his/her insurance company.

Strongly advise to reach out for counsel as soon as possible.

A: Hi - I'm terribly sorry about your accident. It sounds awful. Because you were riding a motorcycle, your recovery will be more challenging. However, you should definitely consult with an attorney in order to determine whether you have a viable cause of action. It the accident was not your fault, and your injury meets the threshold requirement in NY, it would indeed make filing a claim easier. I hope you feel better!

A: I'm sorry about your accident. Your question contains a number of components - all of which are valid. You raise good questions, some of which would ordinarily be addressed by first-party no-fault benefits. Unfortunately, New York law is not fair when it comes to motorcycles because they are excluded under Insurance Law 5102. The no-fault issue aside, you describe what appears to be a case where liability, or fault, is in your favor. That could be good, in terms of the strength of your legal position. It may present you with legal remedies against the other vehicle. As my colleagues correctly advise, it could be worth your time to consider a free initial consult with attorneys. This can help you sort through the questions you raise in a meaningful manner. I hope you are okay. Good luck

A: Sorry to hear what happened to you. As my colleagues correctly advised, since you were driving a motorcycle at the time of the incident, the New York "serious injury" requirement does not apply to you. Unfortunately, that also means that the offending vehicle's insurance will not provide you with no-faut benefits to cover your medical bills, lost earnings, etc. If you haven't already, speak with an experienced personal injury attorney. You can find many excellent attorneys using the Find a Lawyer tab on the JUSTIA homepage.

A: I’m sorry to hear about your accident and the injuries you’ve sustained. Based on the police report, it seems the car driver is at fault, which supports your claim for compensation.

In New York, motorcycle riders typically don’t have access to No-Fault Insurance (PIP) like car drivers. However, you can pursue compensation through the at-fault driver’s liability insurance for medical expenses, lost wages, pain and suffering, and other damages. Since the driver is at fault, you should file a claim with their insurance company and provide them with the police report, medical records, and any evidence of your injuries.

You can also seek compensation for the lost wages from the four days you missed from work. If you have ongoing or long-term medical treatments for your injuries, you may also be able to seek compensation for those future expenses. Keep track of all your medical appointments and treatments, as they are essential for substantiating your claim. If the insurance company denies your claim or offers an inadequate settlement, it may be necessary to pursue legal action. A personal injury attorney can help guide you through the claims process, negotiate with insurance companies, and ensure that all possible avenues for compensation are explored.

It’s important to act promptly, as New York has a three-year statute of limitations for personal injury claims, meaning you need to file your claim within three years of the accident.

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.