MOTORCYCLE ACCIDENT FAQS

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Proner & Proner

New York,, NY

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Practice Areas: Auto Accident, Personal Injury

What Are Your Attorney Fees?

A Consultation is free. We don’t get paid unless we get money for our clients.  We will pay expenses and get a percentage of the recovery at the end consistent with local bar association rules.

Who Pays for the Damages to My Bike?

When it comes to getting paid for the damage to your motorcycle, the first important question to ask is what insurance coverage is available. You may have purchased collision coverage on your motorcycle when you purchased your own insurance. You may be wondering: Why should I put this in my own carrier when I’m not at fault?

Your carrier will typically make payment quicker than the adverse vehicle’s carrier. Then your carrier will go to the adverse vehicle and seek reimbursement for the money they paid you. So they get repaid by the adverse vehicle’s carrier, and will typically also recover the deductible (the money your insurer deducted from the value of your bike), which will be reimbursed to you.

If you did not have collision coverage the adverse vehicle will make payment to you but typically they will claim that a portion of the accident is your fault. They may say you were speeding, or you failed to pay attention to the other vehicles on the road, even if you did nothing wrong.  They will try to deduct 10% to 15% from what they rightfully owe you. Whether or not you wish to accept 90% or 85% of value of your vehicle is up to you.

How much is My Case Worth?

Typically, there are several issues going to the value of the case. The first issue is who is at fault for the accident. Even though you may be partially at fault, you still may be entitled to compensation.

The second issue is the extent and permanency of your injuries. Typically after an accident, your doctors will try to predict the healing process, but there is no certainty until actual healing takes place. Sometimes an injury to a joint will heal but there will be limitation of motion. Sometimes physical therapy will improve healing and you will regain a full range of motion.  Other times, surgery is necessary or a limitation may be permanent.

This degree of permanency of your injuries, along with any loss of earnings or earning capacity, will affect the value of the case. Additionally, if someone loses the ability to pursue a hobby or skill—such as a hand injury limiting someone’s ability to play guitar—may also affect the claim’s value. Lastly, sometimes recovery is limited by the amount of insurance or assets an individual has to pay for damage they caused.

Is There a Bias that the Motorcyclist is Always at Fault?

Insurance adjusters, juries, judges, and even lawyers representing motorcycle accidentvictims often have a deep-seated bias that when somebody gets on a motorcycle they are asking for whatever happens to them, including injuries.  At Proner & Proner, we have a tradition of not discounting the motorcycle accident case. If a motorcycle accident victim is not getting full and fair compensation, we will try the case. We have a demonstrated history of success in winning motorcycle accident cases at trial. Insurance carriers around the nation know that we have this history of success. Because we have a reputation of being willing and able to get fair compensation for our clients, we have an advantage when we demand fair compensation for our clients.

If you are wondering what to do after a motorcycle accident, we encourage you to get in touch with us first. We will personally guide you through the steps that you can take to protect yourself and ensure that your right to pursue compensation is not compromised.

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