Yes, motorcyclists are exempt from the Serious Injury Threshold in New York, but they’re also excluded from certain benefits.
This means that if you are injured on your motorcycle, you can sue an at-fault driver of another vehicle regardless of whether your injuries pass one of the eight serious injury categories applied to most drivers. It also means that you won’t receive no-fault coverage, so the importance of talking to an experienced Long Island accident attorney to recover compensation is higher.
Key Takeaways
- Motorcyclists on Long Island do not need to pass the serious injury threshold to claim damages for pain and suffering.
- There is no PIP coverage for motorcyclists.
- The Raimondo Law Firm can assist with your claim, starting with a free consultation.
Motorcyclists Are Excluded from No-Fault Insurance Coverage
Under New York State Insurance Law, Article 41, Section 5103, motorists are entitled to first party benefits, but the law excludes motorcycles specifically.
You won’t receive no-fault insurance coverage, so when you are injured in an accident, your bills will start accumulating and putting pressure on your finances immediately.
Compensation Relies on the Concept of Negligence
You can seek compensation for pain and suffering from an at-fault driver without proving a serious injury. Your claim will rely on the concept of negligence. You will need to prove that an at-fault driver was negligent, and that the accident caused you genuine pain and suffering.
- You can sue for pain and suffering, no matter how serious the injury is.
- Soft-tissue injuries that wouldn’t pass the serious injury threshold for car drivers are common in motorcycle accident injury claims.
- Insurers of an at-fault party will still attempt to minimize your injuries and any compensation.
How a Long Island Accident Lawyer Helps in Motorcycle Accident Cases
An experienced accident lawyer can help by evaluating your case, identifying and proving liability, and advocating for compensation and your rights in any settlement negotiation or potential lawsuit.
The insurer of an at-fault party will attempt to claim that you share responsibility for the crash, aiming to reduce your recovery. An accident attorney can argue the facts, produce evidence, and engage expert witnesses to support your claim.
- Your claim requires proof. Medical records, documented treatment, and evidence for pain and suffering are required.
- It’s important to follow all treatment recommendations. Any gaps in your treatment can undermine the impact of an injury/injuries.
- Keep every record. Medical and financial records can aid in building a picture of how an accident has affected you.
- Don’t accept any settlement without talking to a lawyer. Don’t admit fault or provide any statement to an insurance adjuster. Don’t sign online forms. Seemingly routine documentation may be forwarded to you in an attempt to have you sign away your rights.
An accident lawyer will collect, collate, and prepare documentation to support your claim. They can manage any communication with another driver’s insurer. Your lawyer will also collect essential evidence, including evidence that can disappear quickly, like dashcam footage, security camera footage, vehicle data logs, and even cellular logs when they are relevant to the claim.
Contact a Trusted Personal Injury Lawyer on Long Island
The Raimondo Law Firm is available for your free consultation. We will evaluate your case and any potential path you have for compensation. Being exempt from the serious injury threshold is beneficial, but there are still extensive requirements to successfully recover damages for your injuries. An experienced injury lawyer will fight for ever dollar you are owed. Reach out to us at (631) 471-1222. Our legal team is available 24/7.