New York Uninsured Motorist Motorcycle Accidents
Were you recently involved in an accident with someone and you believe they are at fault for your injuries but they were not insured appropriately? This can be an alarming and overwhelming experience for someone hurt in a motorcycle accident, particularly if you were the motorcyclist and you were thrown from the bike and suffered severe injuries.
Details from the Insurance Information Institute's report from 2012 indicates that more than 5% of drivers across the state of New York are uninsured. This means that thousands of drivers within the state are driving without insurance. This can lead to emotional, physical and financial devastation for a person hurt in an accident and it also raises confusing concerns about what happens when filing an insurance claim when the other person doesn't have insurance.
The first thing that many people want to know after being hurt in such an accident is how he or she will pay for the medical conditions. Hiring a New York uninsured motorist motorcycle accident lawyer may be the only way to figure this out. A New York uninsured motorist motorcycle accident attorney can be used to evaluate all aspects of your claim and to identify whether or not you are eligible to file a personal injury lawsuit. You'll want to turn to your personal injury protection coverage. However, in the event of severe injuries, that coverage limit can be hit pretty quickly.
Thankfully, there are other options available to you. In addition to PIP coverage in the state of New York, each driver needs to obtain uninsured motorists coverage. Your uninsured motorist motorcycle accident lawyer in New York may be able to tell you more about how this works and to help you with all aspects of your legal claim and insurance recovery.
This coverage helps motorists if the other driver involved in an accident leaves the scene or is uninsured. The minimum protection available in the state of New York is $25,000 per person and $50,000 per incident. While this coverage can certainly help if you have sustained a serious injury such as a spinal cord injury or traumatic brain injury, these limits can be surpassed easily. If you obtained uninsured motorist or supplemental uninsured coverage in addition to your UM and PIP coverage, you could be able to return to this form of protection as well. Five criteria have to be met in order for you to access your SUM coverage:
- You must obtain a policy limit offer.
- You must give timely notice of the accident.
- You must be insured as listed on the policy.
- The bodily injury limits have to exceed another driver's.
- The losses must be tied directly to the accident
Your ability to initiate a personal injury lawsuit can also be affected by an uninsured motorist. The no fault laws as well as the mandated UM coverage are in place to cover as many of your expenses as possible without being forced to initiate a lawsuit against someone else. However, in the event of a wrongful death or critical injuries, New York insurance laws as classified under statutes 5104 give injured parties or surviving family members eligibility to pursue negligence case.
Typically, in these cases, serious injuries are defined as those that lead to miscarriage, fracture, significant disfigurement, dismemberment, death or permanent loss of any body function, system or organ. If your injuries meet one or more of these criteria, you need to consult with an experienced attorney as soon as possible.
You may be eligible to recover economic damages like medical expenses and your lost wages in addition to damages tied to pain and suffering. Furthermore, if you lost a loved one, you could be entitled to damages for lost enjoyment of life and lost earning capacity. Speaking with the right attorney is crucial for the development of your injury claim or wrongful death claim.