Answers To Commonly Asked Questions About Motorcycle Accidents
When I buy a motorcycle, do I need to have insurance?
Yes. New York State requires that you carry liability insurance to cover others who may be injured by the negligent operation of your motorcycle. It is recommended that you purchase liability coverage up to $100,000/$300,000. This is particularly important due to the serious injuries a passenger on your motorcycle may suffer if you have an accident. It is also recommended that you purchase Uninsured/Underinsured Motorist coverage of $100,000/$300,000 should you be injured by the negligence of an uninsured or underinsured motorist.
Who pays my medical bills if I am injured in an accident?
There is no Personal Injury Protection (PIP) or No-Fault benefits for motorcycles as there is with automobiles. Only your own personal health insurance will pay, if you have it.
Who pays if my motorcycle is damaged?
If you purchase collision coverage, your insurance company will pay for the damage, minus your deductible. If another motorist causes the damage to your motorcycle, you can either present the damage claim to that drivers insurance company, if they have insurance, or present the damage claim to your company. It is usually easier to present the claim to your company. Your insurance company will then sue the other motorist for what it paid and can even get your deductible back.
Who pays if my motorcycle is stolen?
You should purchase comprehensive coverage to cover your motorcycle for theft, fire and vandalism. Your insurance company will pay the lesser of the book value of the motorcycle less a deductible or the value of the damage. If you have after market parts installed or have a collectors motorcycle, you should insure it for its full value.
Who pays if an uninsured driver injures me?
You should purchase what is called uninsured (UM) or underinsured (UIM) coverage. This coverage is important since so many motorists fail to carry sufficient insurance or any insurance to cover your injuries. Be sure to purchase the same limits for your UM or UIM coverage as you do for your liability coverage. The higher liability limits you purchase, the higher UM or UIM limits you can purchase.
Will my UM coverage pay me if I am injured in a hit and run accident?
It depends. In New York State, there must be contact between your motorcycle and the other vehicle for your coverage to pay. If there was no contact, such as an emergency braking situation causing you to fall or being forced off the road with no contact with the other vehicle, then your UM coverage will not cover your loss.
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Lozner & Mastropietro is dedicated to representing victims of motorcycle accidents. If you have been injured or a loved one killed as a result of a motorcycle accident, please contact us at 718-615-0044 or use our online contact form to schedule a free consultation.
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