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Phil Franckel July 2017

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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 Full Throttle NY NE Magazine Continue Reading
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Phil Franckel – June 2017

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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 Full Throttle NY NE Magazine Continue Reading
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Phil Franckel May 2017

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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 Full Throttle NY NE Magazine Continue Reading
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Phil Franckel April 2017

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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 Full Throttle NY NE Magazine Continue Reading
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Check Your MC Policy

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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 Full Throttle NY NE Magazine Continue Reading
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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 Full Throttle NY NE Magazine Continue Reading
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Beware of Colossus

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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 Full Throttle NY NE Magazine Continue Reading
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Phil Franckel-Dec 2016

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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 Full Throttle NY NE Magazine Continue Reading
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Don’t Leave Hospital Early

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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 Full Throttle NY NE Magazine Continue Reading
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Should You Give a Statement in the Hospital?

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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 Full Throttle NY NE Magazine Continue Reading
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What Happens When You Speak With An Insurance Company?

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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 Full Throttle NY NE Magazine Continue Reading
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Giving a Statement to the Insurance Company

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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 Full Throttle NY NE Magazine Continue Reading
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Protect Yourself From Cagers

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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 Full Throttle NY NE Magazine Continue Reading
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Phil Franckel June 2016

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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 Full Throttle NY NE Magazine Continue Reading
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May is Motorcycle Awareness Month

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philFrankelMay is Motorcycle Awareness Month

While efforts to raise awareness of motorcycles on the road may help to avoid some accidents, you probably see drivers not paying attention every time you’re on the road. We see the problem every time we get a new client.

May is a good time to review your underinsured insurance coverage. Read my article in last month’s issue of Full Throttle Magazine “How much underinsured coverage do I need”. Have a question about insurance coverage, just call us and will be happy to help you out. (Continue Reading)

May 09th by Full Throttle NY NE Magazine Continue Reading
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How Much Underinsured Coverage Do I Need?

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philFrankelI constantly urge motorcyclists to look at and increase uninsured/underinsured (SUM) coverage. I recommend that you purchase the highest coverage your insurance company will sell, but how much do you really need?

As a reminder, uninsured coverage will pay you money if you are injured by the negligence of someone who has no insurance or who left the scene in a hit and run. Underinsured coverage will pay you an additional amount above the other car’s insurance coverage if they have less insurance coverage than you. (Continue Reading)

Apr 07th by Full Throttle NY NE Magazine Continue Reading
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MARCH IS BRAIN INJURY AWARENESS MONTH

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philFrankelThe most important part of brain injury awareness is understanding that a concussion is a brain injury.By now, most people are aware of the problem with concussions in football. Concussions are an even bigger problem in soccer. Motorcycle accidents are also a frequent cause of concussions. (Continue Reading)

Mar 05th by Full Throttle NY NE Magazine Continue Reading
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Getting More Than Insurance Policy Limits

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philFrankelCAN YOU GET MORE MONEY THAN THE INSURANCE POLICY FOR YOUR INJURY?

The question is usually, “Can I get the insurance company to pay more money than the insurance policy limit?” or “Can we go after the defendant’s house or other assets?”The answer is a definite maybe. Unfortunately, without getting into the facts of a particular case, it’s not possible to answer the question. (Continue Reading)

Feb 08th by Full Throttle NY NE Magazine Continue Reading
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Hit and Run Accident your Fault?

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philFrankelWHEN A POLICE OFFICER SAID A HIT & RUN ACCIDENT WAS YOUR FAULT

Robin Stissi was seriously hurt when she hit a guardrail on an exit ramp leading from Nichols road to the Long Island Expressway. There was no identification of another vehicle on the police report and the police officer indicated the accident was Robin’s fault. (Continue Reading)

Jan 09th by Full Throttle NY NE Magazine Continue Reading
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Phil Franckel Dec 2015

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Why I didn’t see a motorcycle when making a left turn!

My worst nightmare could’ve become a reality. I was always careful to watch for motorcycles on the road ever since I got my license. As an attorney representing motorcyclists, I certainly don’t want to injure a motorcyclist.
Only two blocks from my house, I was stopped at a T intersection waiting to make a left turn. Because it is a T intersection, I only had to worry about traffic coming from my left and traffic coming from my right. Obviously, there could be no traffic coming in the opposite direction which made it easier to make the turn. (Continue Reading)

Dec 10th by Full Throttle NY NE Magazine Continue Reading