Financing a Motorcycle?


Make Sure You Get the Right Insurance!

Buying a motorcycle? When you get a loan for a new or used motorcycle, everyone seems to know the bank requires you to have collision and comprehensive insurance in the event your motorcycle is damaged or totaled.

Did you know there is no law requiring you to have collision and comprehensive insurance coverage? (Continue Reading)

Feb 07th by Motorcycle Magazine Continue Reading

Phil Franckel 1-2018


If I’m on Medicaid, Is a Lawsuit Worthwhile?

The answer is yes. If you’re on Medicaid and/or Medicare, there may be a lien against your case. But the lien is only for money paid for medical treatment related to your motorcycle accident. (Continue Reading)

Jan 07th by Motorcycle Magazine Continue Reading

Insure my Bike in the Winter?


What Should I Do With My Motorcycle Insurance During The Winter?


If you put your motorcycle away for the winter and cancel your insurance, DO NOT take your motorcycle on the road, even for a short five minute ride.

It’s always that short five minute ride without insurance that’s the most likely time for an accident, and we’ve seen that happen a couple of times. (Continue Reading)

Dec 09th by Motorcycle Magazine Continue Reading

Driver not Arrested


Why Wasn’t The Driver Arrested?

Far too frequently, motorcyclists are killed because a driver wasn’t paying attention and we have been asked by grieving family, “Why wasn’t the driver arrested?”

Unfortunately, family members don’t seem to get an adequate explanation from police detectives. (Continue Reading)

Oct 31st by Motorcycle Magazine Continue Reading

Should I Borrow Money against My Lawsuit?


Should I Borrow Money against My Lawsuit?

You can borrow money against your accident case at any time after your accident, even before a lawsuit is filed.

It can be a good idea when you desperately need money to pay rent, a mortgage payment or maybe even a car payment. But, the interest rate is substantial. (Continue Reading)

Oct 12th by Motorcycle Magazine Continue Reading

Why Does My Lawyer Want Me To Close My Facebook Account?


So your accident lawyer told you to close your Facebook, Instagram, Twitter and other social media accounts. Do you really have to close your accounts? Why!

No, you don’t have to close your social media accounts but you might have to find another lawyer. Not all injury lawyers will require you to close your social media accounts. We do not require clients to close their accounts. (Continue Reading)

Aug 05th by Motorcycle Magazine Continue Reading

Phil Franckel July 2017


Why Would You Need a Motorcycle Lawyer?

You’ve had a motorcycle accident. Do you need a lawyer? Does it matter if the lawyer is experienced with motorcycle accidents?

You’ll be better off when contacting a lawyer as soon as possible, even before an accident to learn what not to do. Your statements will likely be misunderstood from the moment police arrive and take your statement; EMS, nurses and doctors ask you what happened; to telephone conversations with insurance representatives who are trained to ruin your case. (Continue Reading)

Jul 08th by Motorcycle Magazine Continue Reading

Phil Franckel – June 2017


If a Motorcycle Hits the Rear of a Car Turning Left, Whose Fault Is It?

Usually, it’s the fault of the car turning left. However, insurance companies like to use a simple formula to attribute fault to the motorcyclist in left turn accidents and use that to pay you less for your motorcycle damage claim and your personal injury claim for pain-and-suffering. (Continue Reading)

Jun 09th by Motorcycle Magazine Continue Reading

Phil Franckel May 2017


How Much Can I Sue For My Injury?

The amount of money you are suing for in a personal injury lawsuit used to be stated in the Complaint. The Complaint is the legal document starting the lawsuit. It is filed with the New York State Supreme Court and served on the defendant. (Continue Reading)

May 06th by Motorcycle Magazine Continue Reading

Phil Franckel April 2017


Who do I Sue, the Driver or the Insurance Company?

Many of our clients ask if we will sue the driver or the insurance company. Some riders don’t want to sue the driver, but don’t mind suing the insurance company. Sometimes, riders are not injured and just want to be reimbursed for the damage to their motorcycle and need to know who to sue.

The lawsuit does not name the insurance company as a defendant because the insurance company didn’t cause your accident and doesn’t own the vehicle. The insurance company only indemnifies their insured. This means that the insurance company agreed to pay for claims against the person you are suing. The insurance company also provides an attorney at their expense to defend the lawsuit.

If you were not injured and want to file a lawsuit only for damage to your motorcycle because you did not have collision coverage, you can file a lawsuit for:

  • up to $5,000 in Small Claims Court or
  • up to $15,000 in District Court in Suffolk or Nassau County and
  • up to $25,000 in New York City Civil Court.

These courts have fill-in-the-blank forms and a clerk can help you fill them in.

In a Small Claims Court lawsuit for damage to your motorcycle, it should be sufficient to file a lawsuit against the driver and registrant of the vehicle.

In a lawsuit for personal injuries it is extremely important to name every possible defendant. There are several reasons, one of which is to make sure that every available insurance policy is available to pay for your injury.

A personal injury lawsuit should name as defendants: the driver, the registrant of the vehicle, the title owner, and any named insured on the policy. It is possible for the same person to be the driver, registrant, title owner and insured but there could be several people and/or companies.

John Doe could be the driver of a car registered to his wife Jane Doe, which is owned by her father Joseph Rowe, whose name is on the title and whose wife Josephine Rowe is listed as an insured on the policy. There could be one or more insurance policies insuring this car.

If you need to file a lawsuit for injuries caused by an accident, you should always call a motorcycle accident lawyer immediately.

If you have a question to submit for an article or would just like to say hello, please call Phil Franckel at 1-800-HURT-911 or send your question to Phil@HURT911.com

Philip L. Franckel Esq. and Rob Plevy, Esq. are attorneys with FRANCKEL & PLEVY, LLP representing people hurt in motorcycle and other accidents.  Disclaimer: This article should be considered advertising to represent people HURT in an accident; is for informational purposes and should not be relied upon because it could contain errors; the correct information may be different for your set of facts even though they seem similar; and is not legal advice which should only be obtained by contacting Phil Franckel, Esq. or Rob Plevy, Esq. for a free consultation to discuss your specific circumstances at 1-800-HURT-911.

See our web sites NYSeriousInjuryAttorneys.com, NYMotorcycleAttorneys.com and LIMotorcycleAttorneys.com.  If you have been hurt in a motorcycle accident, speak directly to Phil Franckel 24/7 at 1-800-HURT-911 — 1-800-487-8911.

Apr 09th by Motorcycle Magazine Continue Reading

Check Your MC Policy


Check Your Motorcycle Insurance Policy Now!

Some of our readers got the message, but most motorcyclists still don’t have underinsured coverage!

If you have a motorcycle accident, chances are that your injury will be worth hundreds of thousands of dollars. You may be unable to work for a few weeks or a few months and lose your job.

You won’t be happy if you are injured by a driver who never saw you. But what if that driver only has $25,000 insurance? Chances are you only have $25,000 insurance on your motorcycle. That means, the most you can get for your injury is $25,000! (Continue Reading)

Mar 11th by Motorcycle Magazine Continue Reading

Be Aware

Potholes Are Everywhere

March will soon be here. The mix of nice weather, potholes and sand is a deadly mix for motorcyclists. If you can, don’t start riding until May. If you can’t wait, watch for potholes and sand on curved areas of the roadway during March, April and May. Even May can be dangerous as you will see in the case below. (Continue Reading)

Feb 07th by Motorcycle Magazine Continue Reading

Beware of Colossus


Created by Marvel Comics, Colossus is a fictional superhero, the physically strongest of the X-men team and portrayed as quiet, honest and virtuous.

The superhero of this article is physically the strongest, secretly quiet, but hardly honest, or virtuous and ruthlessly loyal to the shareholders of insurance companies. (Continue Reading)

Jan 10th by Motorcycle Magazine Continue Reading

Phil Franckel-Dec 2016


philFrankelParking Lots – a Surprisingly Dangerous Place

We have represented too many motorcyclists who were injured when hit by a car in a parking lot. This is just one more area where you have to be vigilant. It’s not surprising that 20% of accidents occur in a parking lot when looking at the statistics of what drivers are doing while driving in a parking lot. (Continue Reading)

Dec 07th by Motorcycle Magazine Continue Reading

Don’t Leave Hospital Early


philFrankelWhat Happens If I Leave The Hospital Early?

Motorcyclists generally don’t like medical treatment. That’s probably why we occasionally have clients who leave the hospital against medical advice (AMA), although we’ve heard all sorts of stories! (Continue Reading)

Nov 10th by Motorcycle Magazine Continue Reading

Should You Give a Statement in the Hospital?


philFrankelShould You Give a Statement in the Hospital?

This is the third article about not giving statements. There are two types of statements you might give in the hospital. You might give a formal statement to the police and you may tell multiple hospital employees what happened.

Never give a statement to the police in the hospital and never tell doctors, nurses or other hospital employees how the accident happened. (Continue Reading)

Oct 07th by Motorcycle Magazine Continue Reading

What Happens When You Speak With An Insurance Company?


What Happens When You Speak With An Insurance Company?

Last month’s article advised not to give a statement to the insurance company after an accident because your statement could be used to blame the accident on you.

Another problem we often encounter is that the insurance claims representative tells us “your client said he wasn’t really hurt” or “your client never mentioned he hurt his shoulder”. (Continue Reading)

Sep 10th by Motorcycle Magazine Continue Reading

Giving a Statement to the Insurance Company


philFrankelShould You Give a Statement to the Insurance Company After an Accident?

The short answer is no. Never give a statement or speak with an insurance company insuring the vehicle which hit you, and call a lawyer before speaking with your own insurance company. (Continue Reading)

Aug 07th by Motorcycle Magazine Continue Reading

Protect Yourself From Cagers


philFrankelHow Do You Protect Yourself From Cagers?

What’s a cager? According to Urbandictionary.com, a cager is “a popular word among motorcyclists and bicyclists used to describe for four wheeled motor vehicle drivers. The term is often used in a derogative sense, because the car body effectively forms a cage, isolating the said driver from having to interact with other road users.” (Continue Reading)

Jul 10th by Motorcycle Magazine Continue Reading

Phil Franckel June 2016


philFrankelAre You Required to Lay Your Motorcycle down to Avoid an Accident?

Motorcyclists are always getting blamed by insurance companies, so here are two situations where they may blame you no matter what you do, but the law is on your side.

In the usual motorcycle accident where a car is making a left turn and crossing your path in front of you, does it matter if you lay your bike down to avoid the accident, or if you try to avoid the accident in another way? (Continue Reading)

Jun 09th by Motorcycle Magazine Continue Reading