New York motorcycle accidents can be catastrophic. One New York City Motorcycle Safety Study indicates that although only two percent of registered vehicles in New York City are motorcycles, motorcyclists account for fourteen percent of all traffic fatalities. Those who survive a collision can struggle with financial instability on top of devastating physical injuries and many times they do not what to do after a motorcycle accident.
What should you do after a New York motorcycle accident? Where do you start looking for the support you desperately need during this challenging time? At Finz & Finz, P.C., we are here to help. Our legal team could address some of your most immediate concerns and get you the information and advice you need.
Have you been injured in a New York motorcycle crash? This comprehensive guide can help you understand how to protect yourself.
Understanding New York’s No-Fault System
Before going into detail about what to do following a collision with a careless driver, you should be aware of New York’s no-fault car insurance system. Under this model, motorists must buy personal injury protection (PIP) insurance, which covers their reasonable and necessary medical expenses, a portion of their lost wages, and their reasonable household expenses up to the policy limit. A driver involved in an accident must file a claim with their own PIP policy before they can file one against the liability policy carried by the other driver, regardless of who was at fault – hence “no-fault.”
However, New York exempts motorcyclists and their passengers from all no-fault coverage regulations, and PIP insurance is not even available to motorcyclists. In order to recover compensation after a collision, you must to file a liability insurance claim or lawsuit against the driver who hit you, which requires that you show they are to blame for causing the crash.
What to Do After a New York Motorcycle Accident
First and foremost, contact the authorities following a collision with a careless driver. Law enforcement can control the scene, render aid, and gather vital information. Under the best circumstances, you can exchange information with the other driver and document the crash scene. However, motorcycle accidents can be catastrophic, and you may be physically unable to get the information you need. While emergency services tend to your injuries, law enforcement can document specific crash details and take the other driver’s insurance information, typically included on their police report of the accident.
You may struggle to cope with what comes next in the days and weeks after the crash. Riders must realize that their actions can dramatically impact their compensation claim or personal injury lawsuit. Protect yourself by reviewing this comprehensive guide on what to do after a New York motorcycle accident:
- Seek Medical Attention Immediately – Even if you feel fine following a crash, seek medical attention as soon as possible. Studies indicate that head injuries are one of the most common injuries in motorcycle accidents. Unfortunately, the signs of a traumatic head injury are not always obvious. Symptoms of concussion can sometimes take hours or even days to manifest. Often, your prognosis directly ties into how quickly you receive medical attention. Seek help right away for your health and safety.
- Additionally, medical records can help strengthen your compensation claim. Failing to receive prompt medical treatment means an insurer or opposing attorney can argue that your injuries were insignificant, potentially diminishing your claim’s value. They may also attempt to claim your injuries were not caused by the accident since you didn’t seek prompt medical treatment, allowing them to deny your claim.
- Talk to an Attorney – After a significant motorcycle collision with a careless driver, the last thing on your mind is to pick up the phone to talk to an attorney. However, consulting an attorney may be one of your most impactful decisions. An attorney can increase your chances of obtaining the money you need for your recovery. At Finz & Finz, P.C., our legal team can help you pursue the compensation you deserve by thoroughly reviewing your case and outlining your legal options. We can manage communication between you and the insurer, gather crucial evidence before it is lost or destroyed, and negotiate aggressively on your behalf.
- Follow Through with All Medical Treatment – We need to continue emphasizing the importance of your health. In addition to seeking medical treatment, you must follow through with your medical provider’s treatment plan. That means attending all follow-up appointments, taking all medication as prescribed, and seeking the expertise of specialists when needed. Discontinuing treatment can jeopardize your health and your claim.
- Retain Documentation Related to the Accident – Maintaining control of your life can feel overwhelming when coping with traumatic injuries. Staying organized is vital. You or a trusted loved one should keep all vital documents in one safe location. You need to keep track of medical bills, repair receipts, mileage to and from doctor’s appointments, and out-of-pocket expenses related to the collision. Receipts and other documentation of these expenses can help your attorney calculate your claim’s full and fair value.
- Avoid Social Media – It is easy to overlook social media’s power in a motorcycle accident claim. After a crash, cease all activity on social media. You must avoid posting information or pictures related to the crash online. Insurance adjusters and opposing attorneys are hunting for the information in hopes that they can use your words against you and discredit your claim. Posting pictures from an evening out with friends or innocently commenting about how you feel better can derail your case.
- Start a Pain Journal – Some riders find it helpful to maintain a pain journal after an accident. A pain journal is a document you can use to track your recovery and give voice to your daily struggles. This journal can help your doctor better tailor treatment plans to your needs and may also strengthen your compensation claim.
Contact a New York Motorcycle Accident Attorney Now
Unfortunately, New York motorcycle accident cases can be much more complicated than a standard auto accident. You need to have an experienced attorney on your side fighting for you. At Finz & Finz, P.C., our legal team is committed to helping you navigate this challenging time while pursuing the compensation you deserve.
Contact Finz & Finz, P.C. at 855-TOP-FIRM to arrange a no-obligation, free legal consultation. We can review your situation and discuss your rights and options.