In recent years, cars have become so safe that it is rare to see a serious or catastrophic injury.  The typical injuries sustained in a car accident are now neck and back injuries.  Since it is not possible to install crumple zones, guardrails or airbags on a motorcycle, common motorcycle injuries are usually severe often consisting of scars, a broken leg or ankle, or even worse.

Thus, the first and most important of the two biggest issues usually seen in motorcycle accidents is locating sufficient insurance coverage to compensate for the injuries caused. Finding the insurance coverage available for the car that caused the accident is easily done by searching the DMV computer. But what happens when a search finds a $100,000 insurance policy and you have an ankle or leg injury worth several hundred thousand dollars or even several million dollars? It is quite possible that the car is also insured with the umbrella insurance of $1 million or more but how do you find out?

The difficult part is finding out if there is umbrella insurance of $1 million or more.  Umbrella insurance is not listed in the DMV computer and insurance companies have lied about the existence of it.  The only way to definitively determine the existence of umbrella insurance is to search the national insurance database which is not available to anyone outside of insurance companies.  However, I am able to do a search for my clients and get a written report.

The second important issue is dealing with medical liens which rarely exists with car accidents because no-fault insurance is usually not allowed to maintain a lien, but medical liens almost always exist with motorcycle accidents. Usually the entity or medical insurance company, which paid for the treatment of motorcycle injuries, will assert a lien against the proceeds of the personal injury settlement. This is often where I earn my legal fee. Please note that ethics rules require that I advise you that since the facts of every motorcycle case are different, past results are not indicative of future results. However, following are some examples of what I have accomplished.

In a recent case, I represented a client who became a quadriplegic and later passed away leaving two children. There were medical liens just under $1 million, with approximately $850,000 owed to New York State for treatment at Stoney Brook Hospital and over $100,000 to Suffolk County Medicaid. I settled the NYS lien for $0 and settled the Suffolk County Medicaid lien for only $2,000 to be paid by another insurance source and not my client’s estate. Neither my client’s estate, nor the children will have to pay any part of the medical liens!

In another case, with a fractured leg and $35,000 in medical bills, my client had to pay nothing at all after a fight with the company trying to collect the medical lien! And in another motorcycle accident case where my client sustained a broken arm requiring surgery, he also had to pay back nothing out of his settlement.

In yet another case where my client suffered a fractured ankle in a Suffolk motorcycle accident, I settled a $32,000 lien for treatment at Brookhaven Memorial Hospital in Patchogue with my client paying only $600.

1. Bodily injury liability – NYS requires minimum liability coverage of $25,000 which protects other people you injure because of your negligence.  Increasing this coverage has several benefits including one that people never think of, assurance of continued free legal representation in the event you are sued.  Most importantly, I strongly recommend increasing this coverage as much as possible so that you can increase your Uninsured/Underinsured coverage.

2. Uninsured/Underinsured motorists coverage – This is the most important coverage of your motorcycle insurance policy which you can buy.  This will protect you by reimbursing you for the value of your injury in the event that you are injured in a motorcycle accident by someone else who negligently caused your injuries and who had less liability insurance than you.

In other words, if you have a $300,000 liability insurance policy and the other vehicle which struck you had any amount of liability insurance less than $300,000, your underinsured endorsement option will pay you the difference.

As an example, if the other vehicle had $25,000 liability coverage and you suffered the typical type of injury which I see in most motorcycle accidents, the insurance company for the other vehicle will pay you $25,000 and your underinsured endorsement option will pay you an additional $275,000.

3. Property damage liability – This will reimburse other parties for property damage you have caused because of your negligence.  This can include another vehicle you damage or other items, even a storefront you accidentally drive into.

4. No-fault or Personal Injury Protection (PIP) – No-fault or PIP is not available to New York motorcyclists or passengers of a motorcycle, however, no-fault is available to a pedestrian that is struck by your motorcycle which is why you will see it on your motorcycle insurance policy.

5. Medical payments – This is available to motorcyclists and passengers of a motorcycle to help pay for medical bills, but is usually only available with relatively low limits. This is extremely inexpensive and I strongly recommend taking the maximum coverage available.

6. Collision – This coverage will reimburse you for damage caused to your motorcycle whether or not you are at fault.

7. Comprehensive – This coverage will reimburse you for damage or loss of your motorcycle in the event of fire or theft.

Important Tip: Call your Suffolk County motorcycle insurance agent right now and increase your uninsured/underinsured coverage.