Motorcycle accidents many times result in severe injuries due to the nature of the vehicle. In the city of New York alone, around 6,000 people are injured or die on motorcycles each year.
If you were injured on a motorcycle, be sure to get attention from medical experts and professional legal aid. At Grupo MedLegal in New York City, New York, our accident doctors and lawyers will assist you in getting treatment for your injuries and obtaining the compensation you need to recover from the accident.
“No-Fault” Insurance State
New York is known as a “no-fault” insurance state. This means that after an accident, the motorcyclist must contact his or her own insurance company to begin to make medical payments, independently of which driver was at fault for the accident.
Under the no-fault system, an injured motorcyclist cannot sue the other driver unless they meet the threshold of “serious injury.”
The “Serious Injury” Threshold
If a motorcyclist is injured, he or she may be able to make a claim outside of the no-fault insurance system. Motorcycle injuries must past the threshold of serious injury, which means that the law permits a claim if the injuries are severe enough.
To pass this threshold, a motorcyclist must have suffered:
- broken bones
- permanent limitation to the use of an organ or member
- significant limitation of the use of a function or system of the body
- substantially complete disability for 90 days
Besides presenting a claim for a serious bodily injury, motorcycle drivers may also file a lawsuit for payment for any property damage they suffered.
What Kind of Damages Can Be Received for a Claim?
Besides the payments from your own insurance company for medical bills, a claim against the driver that caused the motorcycle accident can give you several other types of compensation.
First, the negligent driver can be responsible for reimbursing your insurance company for your medical expenses. Besides, you can also request indemnity for future medical expenses that you may need, including things such as physical therapy.
If the accident caused losses related to work, or your injuries hinder you from working in the future, you can request indemnity for lost pay and future salary.
Lastly, filing a claim against the driver responsible for your accident allows you, the injured person, to claim damages for your pain and suffering. These types of damages, known as noneconomic damages, compensate an injured person for the physical and emotional pain of his or her wounds.