• No-Fault Insurance (N.Y. Insurance Law § 5102): A key difference in New York is that motorcyclists are not covered under the state’s no-fault insurance system. This means you cannot claim for immediate medical expenses and lost wages through no-fault benefits. However, this also means you are not bound by the “serious injury” threshold that car drivers must meet to sue for pain and suffering.
• Pure Comparative Negligence (C.P.L.R. § 1411): This law is crucial for motorcyclists. New York’s pure comparative negligence system allows you to recover damages even if you are found to be partially at fault for the accident. Your total compensation will be reduced by your percentage of fault. For example, if you are 20% at fault, your damages will be reduced by 20%.
• Statute of Limitations (C.P.L.R. § 214): In New York, you generally have three years from the date of the motorcycle accident to file a personal injury lawsuit. It is essential to act quickly to ensure all evidence is preserved and all deadlines are met.
• Vehicle and Traffic Law: We can use violations of the New York Vehicle and Traffic Law—such as a driver’s failure to yield—to help prove the other party’s negligence in your case.

Since motorcyclists are not subject to the “serious injury” threshold, you can seek compensation from the at-fault party’s insurance for all of your damages, including:

• Medical Expenses: Past and future costs for hospital stays, surgeries, physical therapy, and medication.
• Lost Wages: Compensation for any time you missed from work due to your injuries.
• Pain and Suffering: Damages for the physical pain, emotional distress, and loss of enjoyment of life caused by the accident.
• Property Damage: The cost to repair or replace your motorcycle and other personal property.

Our extensive experience in motor vehicle litigation gives us a unique advantage. We will meticulously investigate the accident, gather crucial evidence, and build a powerful case on your behalf.

• Comprehensive Investigation: We will gather all available evidence, including police reports, witness statements, accident reconstruction data, and photographs from the scene.
• Proving Negligence: We will work to prove that the at-fault driver’s negligence caused your injuries, leveraging our knowledge of New York traffic laws and common causes of motorcycle accidents.
• Negotiation and Litigation: We handle all communications with insurance adjusters, fighting back against lowball settlement offers. If a fair settlement cannot be reached, we are prepared to take your case to trial to secure the compensation you deserve.