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Motorcycle Accident Lawyer Bronx, NY

Motorcycles are a popular way to travel on the streets of New York, but riders are more vulnerable to minor and serious injuries than people who drive cars. And motorcyclists have different legal protections than people who drive cars.

This is because insurance and liability rules in New York are different for motorcycles than for automobiles. In fact, a motorcycle is not considered to be a “motor vehicle” within the meaning of the No-Fault Law. Because of this, motorcyclists are not “covered persons” under that law and not entitled to No-Fault coverage for medical costs and lost wages.

Under the No-Fault Law, there is also a provision that applies to automobiles which prevents an individual from filing a lawsuit unless he or she was “seriously injured” according to the legal definition (this includes a personal injury which results in death; dismemberment; significant disfigurement; a fracture, permanent loss of a body part or organ, etc.) or the amount of the injury is greater than $50,000.

However, motorcyclists injured in minor accidents are not subject to any threshold. This means a person can bring a claim against an offending driver for minor injuries that do not reach the No-Fault threshold.

There are also insurance considerations particularly related to motorcycle accidents. New York Insurance premiums are $25,000 per person injured in any one accident, $50,000 because of the death of one person in one accident, $50,000 for two or more persons injured in one accident, and $100,000 for the deaths of two or more persons injured in one accident.

Motorcyclists may also be entitled to underinsured (UM) or supplemental underinsured motorist (SUM) coverage. This coverage allows an accident victim to recover damages from his or her insurance company if the other driver is underinsured or uninsured. The insurance policy will indicate the amount of UM/SUM coverage that was purchased and available.

Because of the public perception of motorcyclists, these accident cases present unique challenges. Many people are all too familiar with riders weaving in and out of traffic or otherwise riding recklessly. A motorcycle accident attorney needs to overcome this bias by showing his or client was riding in a reasonable, prudent and legal manner.

By doing this, a case can be made that the motorcyclist is entitled to the same rights and subject to the same “rules of the road” as any other operator of a motor vehicle (with some exceptions under the law). If your or a loved one was injured in a motorcycle accident, consult an attorney quickly to protect your right and recover a monetary award.



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