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What you need to know after a Suffolk County motorcycle accident
Phil Franckel is a substantial ABATE New York Sponsor
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What To Do After A Suffolk Motorcycle Accident
You should always call a Suffolk Motorcycle Accident Lawyer before you talk to your insurance company. Never talk to anyone else's insurance company. After reading this section below about a common situation for bikers, see What To Do When You're In An Accident.
In Suffolk your motorcycle must actually come into contact with another vehicle for you to be able to make a claim from an Uninsured Policy. The law does not state that the contact be hard or cause damage, just that there be contact. If any mark was left on your bike or tire by the car that contacted your bike, be sure to take a picture of the mark on your bike. Although it is not necessary for the car to have left a mark, it is helpful to prove contact. The following examples illustrate the ability to collect compensation under different fact scenarios with this contact requirement.
|
Example #1 |
A car cuts you off, you swerve to avoid it, hit a
pole and the car takes off. |
|
Example #2 |
A car cuts you off just brushing your front
tire or your leg, you swerve, hit a pole and the car takes off. |
|
Lesson |
If you are injured in
an accident, when you call your insurance company they are trained to
try to document that there was no contact between you and the other
vehicle... no contact to the insurance company means saving them many
thousands of dollars. |
Why should you see a Lawyer immediately and not wait? After a Suffolk motorcycle accident, there are many forms and claim notices which have short time deadlines to file, some of which may be only a number of days. Only a personal injury lawyer experienced with motorcycle accidents understands the unique issues involved with motorcycle accidents. Do not fill out and file any forms or claim notices without first speaking to a motorcycle accident lawyer. For instance, you may be required to file an accident report with the Department of Motor Vehicles within days of the accident, if someone is injured or if there is substantial property damage. This form will usually be sent to you by your insurance company. You should give this form to your motorcycle accident lawyer to assist you in completing it properly. Your lawyer should, in every case whether needed or not, file a notice of intent to file an uninsured and underinsured claim, usually within 90 days of the date of accident. If a municipality may be liable for any part of your injuries, (such as improper road design or a missing sign) you must file a notice of claim with the municipality, usually, within 90 days of the date of accident (your lawyer must do this for you). The insurance company for the person(s) responsible for your injuries should be immediately notified by your lawyer of your claim, since failure to do so can allow the insurance company to decline coverage. You may be able to file a claim with the motorcycle manufacturer if the motorcycle had a defect that caused the accident. Only a personal injury lawyer experienced with motorcycle accidents has the knowledge necessary to know what papers to file, how to fill them out, and how and when to file them. It is vitally important for you to call 1-800-HURT-911® to speak with a motorcycle accident lawyer immediately after your motorcycle accident so that your rights can be protected.
On June 23, 2009 in Juvenex Ltd. v. The Burlington Insurance Company the insured (who caused the accident) reported the accident to the insurance broker, but failed to report the accident to the insurance company for two months. The injured person also reported the accident and injury to the insurance company two months after the accident. The Appellate Division, First Department recognized that notice to the insured’s broker did not constitute notice to insurer as a matter of law and ruled that a two-month delay in reporting the claim was inexcusable. The court also recognized that notice of the claim provided to insurance company by the injured person two months after learning identity of insured was unreasonable. The result was that the injured plaintiff was unable to receive any money from the insurance policy. The moral of this story is not to waste any time after a motorcycle accident. Call a motorcycle accident lawyer immediately.
If you Suffolk motorcycle accident, speak directly to Suffolk Motorcycle Accident Lawyer
Phil Franckel right now
1-800-HURT-911
1-800-487-911
Or you can send an email
Suffolk Motorcycle Accident Lawyer