New York State’s no-fault auto insurance laws do not apply to motorcyclists, meaning we can pursue compensation by holding the at-fault motorist responsible for your injuries in any Holbrook, Long Island, motorcycle crash. Most commonly, we can accomplish this by filing a third-party liability claim based on the negligent driver’s auto insurance policy. Through this claim, we can hold them financially responsible for the injuries and related losses you suffered.
At Gacovino, Lake & Associates, P.C., we have a team of Long Island motorcycle accident attorneys who understand the difficulties of managing this type of claim. We know how the insurance companies work, and will fight for the compensation you deserve. Call our office today at 631-600-0000 for a complimentary case review, when we will explain your options for getting the money you need based on the details of your case.
Does the New York State No-Fault Auto Insurance Law Apply to Motorcycles?
Under the New York State no-fault auto insurance law, personal injury protection policies — sometimes called “no-fault” policies — are not available to motorcyclists. For this reason, motorcyclists are not required to meet the serious injury threshold before they can pursue a claim against the motorist who caused their crash. Even if you only suffered relatively minor injuries, you can pursue a third-party auto insurance claim based on the at-fault driver’s liability coverage. This allows you to recover the money to pay for a quick visit to the emergency department to ensure you did not suffer major injuries, or for compensation to cover the care of a much more serious injury.
How Can We Recover the Money I Need After a Holbrook Motorcycle Crash?
In most cases, we can recover the compensation our clients need through a liability insurance claim against the at-fault driver. We file this claim, present evidence of negligence, and demonstrate the full cost of the damages you suffered. Then, we use this to negotiate a fair settlement with the insurance company. In most cases, this is a very effective strategy, and we can recover a fair settlement for our clients.
When this is not possible, we will file a personal injury lawsuit against the at-fault driver, and ask the judge to award damages in your case. While we try to avoid this when possible, we are not afraid to litigate your case if that is the only way to recover the maximum payout you deserve.
What If I Was Not Wearing a Helmet in My Long Island Motorcycle Crash?
New York has universal helmet laws that require any motorcyclist to wear a helmet and protective eyewear at all times. If you break this law, or violate a traffic law, and it contributes to your accident or injuries, you may be partially at-fault in your crash. This is important because the state follows a pure comparative negligence statute.
This statute allows the insurance company to reduce the value of your claim based on your actions before and during the crash. If this occurred in your case, it does not mean we cannot win compensation for you. However, it makes it more difficult to get the full value of your damages. We encourage all motorcycle riders to wear a helmet and follow all traffic laws at all times.
The amount of compensation we can recover if you are partially at-fault in your accident decreases based on how much fault falls on your shoulders. For example, imagine you suffered a compound fracture of your leg and a concussion in the crash. If you were not wearing a helmet, the insurance company may argue your head injury was preventable. They would pay out to cover the surgery you need to repair your leg and the physical therapy necessary to regain strength, but would provide no coverage to help treat your brain injury. In the event of a serious head injury, this could easily reduce your payout by 40 to 50 percent.
How Long Do I Have to File a Holbrook, Long Island, Motorcycle Accident Claim?
New York State’s statute of limitation on personal injury lawsuits is three years. This means we have three years from the date of your motorcycle accident to file a lawsuit based on your Long Island crash injuries. While this deadline only technically applies to taking your case to court, we need to file our insurance claim and negotiate a settlement before this date passes, as well. If we fail to do so, we will have little leverage to convince the insurance company to offer a fair settlement based on the evidence in your case. Unless we can provide incentive for a maximum payout by threatening a lawsuit, many insurance companies will refuse to negotiate a fair settlement.
What Damages Can I Recover After a Holbrook Motorcycle Accident?
Every motorcycle accident case is different, so it is impossible to tell you how much your case might be worth until we fully investigate the circumstances of your accident and collect documentation of your damages. Once we do that, we have a much better idea of what a “fair settlement” looks like. Only then will we approach the insurance company and attempt to negotiate a settlement on your behalf.
We use a number of methods to collect evidence of your damages, but we attempt to document the costs and losses associated with:
- Ambulance or other emergency transportation;
- Hospital bills or emergency department treatment;
- Outpatient medical care costs, including prescription drugs;
- Rehabilitation and physical therapy expenses;
- Future medical expenses and/or ongoing care costs;
- Current lost wages and future missed work;
- Property damage, including repair or replacement of your motorcycle;
- Pain and suffering damages.
How Can I Talk to a Motorcycle Accident Lawyer in Holbrook, Long Island?
At Gacovino, Lake & Associates, P.C., our motorcycle accident attorneys are dedicated to helping our clients get the maximum payout available based on the details of their accident and injuries. We can negotiate a settlement on your behalf, or take your case to court. Call our office today at 631-600-0000 for a complimentary case evaluation with a Long Island personal injury lawyer.