Car vs Cycle Differences

Differences between a Car Accident and a Motorcycle Accident Injury Case

Motorcycle accidents have several differences from car accidents but there are two notable differences. 1) Injuries sustained in motorcycle accidents are usually far more severe than car accidents and 2) no-fault insurance covers medical treatment for injuries sustained in a car accident but does not pay for injuries sustained by motorcyclists.

In recent years, cars have become so safe that it is rare to see a serious or catastrophic injury.  Typical injuries sustained in a car accident are now neck and back injuries. Without crumple zones, guardrails or airbags on a motorcycle, common motorcycle injuries are usually severe often consisting of scars, a broken leg or ankle, or even worse.

1) Thus, the first of the two biggest issues usually seen in motorcycle accidents is locating sufficient insurance coverage to compensate for the injuries caused. Finding the insurance coverage available for the car that caused the accident is easily done by searching the DMV computer. Finding umbrella insurance is more difficult.

Umbrella insurance is usually $1 million or more. However, umbrella insurance is not listed in the DMV computer and some insurance companies have lied about the existence of it. The benefit to an insurance company of hiding the existence of umbrella insurance is obvious, while there is virtually no downside to the insurance company if they are caught. The only way to definitively determine the existence of umbrella insurance is to search the national insurance database which is not available to anyone outside of insurance companies. However, I have found a way to search this database for my clients.

2) The second issue is dealing with medical liens which is not encountered with car accidents involving medical payments covered by no-fault insurance up to $50,000, but medical lien issues almost always arise with motorcycle accidents. Usually the entity or medical insurance company, which paid for the treatment of motorcycle injuries, will assert a lien against the proceeds of the personal injury settlement. Protecting a client’s settlement money from being used to pay medical liens requires knowledge of lien law and ERISA (Employee Retirement Income Security Act).

In a recent case, I represented a client who became a quadriplegic. There were medical liens near $1 million owed to New York State and Medicaid. I settled these liens for a total of $2,000 to be paid by another insurance source and not my client.

In a motorcycle accident case where my client had a fractured ankle, I settled a $32,000 hospital lien with my client paying only $600. In another case, with a fractured leg and $35,000 in medical bills, my client had to pay nothing.

If you have been in a motorcycle accident on Long Island, call Attorney Phil Franckel for a free consultation 7 Days/nights at 1-800-HURT-911