In New York, traffic accidents can happen every day. The damage and injuries that are caused by these accidents can be serious. Therefore, as an effort to make the process of determining liability in accidents more efficient, New York has implemented no-fault law. However, does this law apply to every kind of accident, including motorcycle accident?
What Are No-Fault Rules?
In 12 states of the USA, people who are injured in an automobile accident are eligible to claim insurance, regardless of who was at fault. The issued insurance coverage is called no-fault insurance.
Under no-fault law, drivers or those who are involved in an accident do not have to prove that the other party is to blame. They can get up to a specified limit amount of money, and it should cover medical expenses, lost wages, rehabilitation costs, and other related expenses resulting from the accident.
The primary goal of no-fault insurance coverage is to offer victims of accidents with quick and efficient reimbursement. Otherwise, victims must go through a lengthy legal procedure to identify who was to blame before they can receive the claim. This will benefit not only the victims but also the courts and legal institutions.
No-Fault Insurance in New York
New York is one of the 12 states that have no-fault insurance laws. This regulation is part of the state's efforts to protect accident victims and guarantee that proper compensation is received as soon as possible.
The limit of no-fault insurance coverage in New York is $50,000 for medical expenses and $2,000 per month for lost wages. It is important to note that in this state, no-fault insurance only covers economic losses and not personal injuries such as pain and suffering. However, it may also covers other expenditures, including transportation to and from medical care.
It is crucial to remember that the state's minimum no-fault coverage limits may not be enough to pay all the costs related to an accident, especially if the injuries are serious.
How to Claim No-Fault Insurance in New York
To claim no-fault benefits in New York, the victim must fill out the no-fault application form (Form NF-2). This form should be filled out and sent to the insurance company within 30 days after the accident. In the form, the victim should provide comprehensive information on the accident as detailed as possible. Then they must also notify the Motor Vehicle Accident Indemnification Corporation of New York State.
Are Motorcycle Accident Injuries Covered by New York No-Fault Insurance?
Unfortunately, motorcycle accidents are generally not covered by no-fault insurance in New York. Motorcycles are specifically excluded from the definition of a "motor vehicle" in section 5102(f) of the No-Fault Law. Law Office of Carl Maltese can answer questions like, "What happens if you get hit by a motorcycle in NY?"
One of the reasons for this is that motorcycle accident injuries are usually more severe than those that are caused by truck or car accidents. This is because when someone drives a motorcycle, they do not have any closed bumper or shield that protects them, leading their body to absorb more shock.
The fact that motorcycle accidents are not covered by no-fault insurance means that they have to pay the medical bills from their own pockets and don't get compensation for lost wages. Considering their chance of sustaining severe motorcycle accident injuries is higher, this may not be fair for them.
Is There a Way for Motorcycle Accident Victims to Get Compensation?
Yes, there is still a high possibility for injured motorcyclists to get compensated for the economic loss they suffer from. One of the ways to achieve this is by filing a claim against the other party who was at fault. This way, victims may be able to get financial compensation for any medical bills, lost wages, and other damages sustained as a consequence of the accident.
This method may be more complicated than simply filing a no-fault application form. It requires the victim to prove the other party's fault and demonstrate the extent of their lost wages and medical expenses.
Furthermore, they need to go through a lengthy legal process that may take months or even years. Nevertheless, it is an important step so that the victims can get the justice they deserve.
Can Pedestrians Involved in Motorcycle Accidents Still Claim No-Fault Insurance?
In New York State, pedestrians involved in a motorcycle accident may be eligible for no-fault benefits, depending on their role in the accident. If the pedestrian was injured in a motorcycle accident caused by the motorcyclist, they have the right to claim from the motorcyclist's insurer.
However, if the motorcycle was not insured, or if the insurance coverage was insufficient, they may be eligible to claim no-fault insurance coverage through their own insurance company, provided that they have one.
What to Do after Getting Involved in a Motorcycle Accident
When someone suffers a serious injury in a motorcycle accident, it is important that they get medical treatment immediately. However, if the injury is not critical, the very first thing they should do is report the accident to the police. It is very important that the accident is recorded so that they can proceed with the legal procedure.
How to File a Claim after a Motorcycle Accident in New York
After reporting the accident to the authority, the victim of a motorcycle accident should contact a motorcycle accident lawyer to speak about the case. The lawyer will assist them in every step of the legal procedure.
A motorcycle accident attorney can help injured motorcyclists understand their legal rights and the compensation options available. They will initiate a claim with the at-fault party's insurance company, negotiate a settlement, or initiate a lawsuit.
The lawyer can also help the victim procure evidence to back up their claim. In addition, they will assist the victim in handling the paperwork related to the case.
Contact Law Office of Carl Maltese in Long Island, New York, to Get a Free Consultation
Law Office of Carl Maltese is a law firm that has expertise in several areas, including motorcycle accident law. If someone is in need of legal advice and wants to seek compensation after a motorcycle accident, they can call our office to discuss the case and learn about their rights to compensation.