Author Archives: Franckel

How Does No-Fault Benefit Motorcyclists?

Under the NYS Insurance Law, motorcycle operators and their passengers are not able to obtain no-fault insurance coverage which pays for medical bills, lost income, and other expenses. However, there is a potential benefit to a motorcyclist who is hurt in a motorcycle accident and seeks to file a lawsuit for “pain and suffering”.

§ 5104(a) of the New York Insurance Law provides that when no-fault insurance is available, such as for an operator or passenger of a car, the injured person will not have a right to recover money for personal injuries unless that person has a serious injury.

§ 5102(d) of the New York Insurance Law defines what a “serious injury” is. Unfortunately, just in the last few years, New York courts have interpreted the law in a way to make it very difficult to prove an injury is serious and the courts have dismissed many cases with injuries you would think are serious.

Even some injuries that a rational person or doctor would consider to be serious, such as a serious back injury; torn rotator cuff (shoulder); torn meniscus (knee) or any other torn ligament, have been ruled by the courts to not be serious enough under the no-fault law and those cases were dismissed.

The benefit to motorcycle riders and passengers is that since they are excluded from obtaining no-fault benefits when hurt in an accident, a motorcycle occupant does not have to prove that an injury is serious.

Thus, a lawsuit on behalf of a motorcyclist cannot be dismissed because the injury is not serious enough. As long as someone else was negligent in causing the accident, the motorcycle occupant will be able to recover money for pain and suffering even for a scratch.

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Get Motorcycle Lawyers Rob Plevy, Esq. and Phil Franckel, Esq. at the HURT911® Personal Injury Dream Team™ on your side and become a member of our family!

“I endorse these guys 100% they handled my [motorcycle] accident very well! And they are genuine human beings.”
—Frank Sundancer Perugi

Please take a look at some of our:

We created the popular motorcycle awareness campaign you know and have seen!

No Win — No Fee — No Expenses — Guaranteed!

At HURT911® you can speak, text, or email Rob Plevy, Esq. and Phil Franckel, Esq. whenever you need throughout your case and afterward, days/nights/weekends.

Call days/nights/weekends for a free consultation with no obligation.
Call right now! 1-800-HURT-911 | 1-800-487-8911

Motorcycle Attorney Phil Franckel talks about how motorcycle accidents are different

Partner Rob Plevy, Esq.

Motorcycle Injury Attorney Rob Plevy, Esq.

Partner Rob Plevy, Esq.

Get the HURT911® Personal Injury Dream Team™ on your side!
Call Attorneys Rob Plevy & Phil Franckel days/nights/weekends for a free consultation
1-800-HURT-911

1-800-487-8911

Brain Injury Month is March and We’re Offering a Free App

The Centers for Disease Control and Prevention says this year 1,275,000 people will sustain a concussion, also called a mild TBI.

Motorcyclists often sustain a concussion injury in a motorcycle accident and never find out about it or even realize they’re suffering from lifelong symptoms. When a motorcyclist is taken to the hospital, the emergency room doctors are concerned with life-threatening injuries and injuries which need immediate treatment.

We have a client who didn’t know he had a brain injury and didn’t understand why he was having difficulties including memory loss until we found that a CT scan of his brain at the hospital showed a drop of blood in the brain.

After the brain bleed was found, it was determined not to be life-threatening and was never fully discussed with the motorcyclist. He went home and forgot about it. He knew he was different after the accident but didn’t understand why until we found the CT scan in his hospital records.

Since it’s Brain Injury Awareness Month, I thought I would announce that we’ve been working for six months to develop a motorcycle injury app for iPhone and Android which includes features to identify, track and report concussion and PTSD symptoms.

Injury app-reports screen

When finished in another month, the app will track physical pain for any injury, emotional state, and quality of sleep. It has a medication reminder to remind you and track what medication you took and when. It has an area to enter money you spent for medications and treatment. It also has tools to record information at the motorcycle accident scene; and buttons to call 911, find a tow truck, taxi, auto repair shop, or hospital. It even has a button to reach me directly by phone at any time no matter where I am.

Symptoms and other information can be emailed to us, your doctor, or anyone else you desire. The information reported to us through the app can be used to document the pain and difficulties you experience daily concerning any type of injury and can also alert us to symptoms that are associated with a concussion and PTSD.

The information you send to us from the app will substantially increase the value of your case. The app is free to anyone and will be available on our websites within the next month or two.

A mild traumatic brain injury is a long-term debilitating injury and therefore a very valuable injury that could result in a settlement or award of as much as a million dollars and much more. For more information see DoIHaveMTBI.com

Even if your helmet didn’t sustain any visible damage, there may be unseen damage. Be sure to keep your motorcycle helmet as evidence of head trauma.

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Get Motorcycle Lawyers Rob Plevy, Esq. and Phil Franckel, Esq. at the HURT911® Personal Injury Dream Team™ on your side and become a member of our family!

“I endorse these guys 100% they handled my [motorcycle] accident very well! And they are genuine human beings.”
—Frank Sundancer Perugi

Please take a look at some of our:

We created the popular motorcycle awareness campaign you know and have seen!

No Win — No Fee — No Expenses — Guaranteed!

At HURT911® you can speak, text, or email Rob Plevy, Esq. and Phil Franckel, Esq. whenever you need throughout your case and afterward, days/nights/weekends.

Call days/nights/weekends for a free consultation with no obligation.
Call right now! 1-800-HURT-911 | 1-800-487-8911

Motorcycle Attorney Phil Franckel talks about how motorcycle accidents are different

Partner Rob Plevy, Esq.

Motorcycle Injury Attorney Rob Plevy, Esq.

Partner Rob Plevy, Esq.

Get the HURT911® Personal Injury Dream Team™ on your side!
Call Attorneys Rob Plevy & Phil Franckel days/nights/weekends for a free consultation
1-800-HURT-911

1-800-487-8911

Is Your SUM Coverage Reduced During Winter Storage?

If your motorcycle insurance policy has a winter storage option, certain coverages may be eliminated or reduced such as collision damage, liability and SUM coverage.

SUM coverage is an acronym for Supplementary Uninsured/Underinsured Motorist coverage. This is insurance coverage that pays you when you are negligently injured by someone who fled the scene; has no insurance; or has less insurance than you.

Your insurance company may simply charge an annual rate and factor in a discount because most motorcyclists don’t ride in the winter in NY. However, GEICO has two storage plans called Winter Storage Plan 1 and Winter Storage Plan 2.

A GEICO salesperson told me storage plans are now offered only to military and existing customers who had a storage plan and that information about the plans is no longer on their website. However, I found someone who copied from the GEICO website the following about Storage Plan 1: “We will remove all coverage from your policy with the exception of Comprehensive Coverage.”, while with Winter Storage Plan 2, “All coverage remains on your policy.”

It is vital to know what coverage you have if your motorcycle is in storage. If you eliminate liability coverage, you will also lose your SUM or uninsured/underinsured coverage.

One of our clients says he had $100,000 SUM coverage until his bike was put in storage and it was then reduced to the NYS minimum of $25,000 uninsured coverage with no underinsured coverage.

After his motorcycle was put in storage, a friend asked him to ride the friend’s motorcycle from his house to a garage where it was going to be stored. Unfortunately, while doing a favor, our client was in a motorcycle accident, hit by a car that fled the scene and was never identified.

Our client had serious injuries with a value of approximately $500,000 but his friend’s motorcycle only had $25,000 uninsured coverage. If our client still had $100,000 uninsured coverage on his own insurance policy, he would have obtained $100,000 instead of $25,000.

If you have a winter storage plan on your insurance policy, make sure you understand what coverage remains and what coverage is reduced or eliminated before you ride anyone else’s motorcycle during the winter. It’s just when you don’t expect it, that you’ll have a motorcycle accident

Make sure you increase your SUM coverage in the spring to at least $250,000 or more if your insurance company sells more.

We recommend buying insurance from an independent insurance agent which should eliminate a lot of problems in the event you are in an accident.

See our motorcycle insurance articles and
What Should I Do About My Motorcycle Insurance during the Winter?

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Get Motorcycle Lawyers Rob Plevy, Esq. and Phil Franckel, Esq. at the HURT911® Personal Injury Dream Team™ on your side and become a member of our family!

“I endorse these guys 100% they handled my [motorcycle] accident very well! And they are genuine human beings.”
—Frank Sundancer Perugi

Please take a look at some of our:

We created the popular motorcycle awareness campaign you know and have seen!

No Win — No Fee — No Expenses — Guaranteed!

At HURT911® you can speak, text, or email Rob Plevy, Esq. and Phil Franckel, Esq. whenever you need throughout your case and afterward, days/nights/weekends.

Call days/nights/weekends for a free consultation with no obligation.
Call right now! 1-800-HURT-911 | 1-800-487-8911

Motorcycle Attorney Phil Franckel talks about how motorcycle accidents are different

Partner Rob Plevy, Esq.

Motorcycle Injury Attorney Rob Plevy, Esq.

Partner Rob Plevy, Esq.

Get the HURT911® Personal Injury Dream Team™ on your side!
Call Attorneys Rob Plevy & Phil Franckel days/nights/weekends for a free consultation
1-800-HURT-911

1-800-487-8911

Should I Buy Collision Damage Coverage?

Collision damage coverage insures your motorcycle for the cost to repair your vehicle or replace it if it is totaled (most motorcycles are totaled in an accident). When you have collision coverage your own insurance company will pay for repairs to your motorcycle or car regardless of who is at fault for the accident.

Many people who don’t have collision coverage are seeking to save the cost of the premium because their vehicle is not valuable enough to insure or because they don’t think they will be at fault for causing an accident and the other car’s insurance will pay.

If you have more than one motorcycle or can do without your motorcycle for a long time while fighting with the other driver’s insurance company and you can afford the loss in the event they don’t want to pay you, it could make sense to eliminate collision coverage and “self-insure” yourself.

The problem most people encounter after an accident is that the other driver’s insurance company claims it’s your fault and offers little to nothing thus leaving you with a damaged, unusable or worthless motorcycle or car. This often happens often even when it’s obviously 100% the fault of the other driver!

We just obtained 100% of the damage to a totaled motorcycle where the insurance company claims representative for the other driver thought the accident was 70% the fault of our client. It took two years to get the insurance company to understand why it was 100% the fault of their driver. During those two years, our client was not happy without his motorcycle.

In another recent case, the insurance company claims representative thought their driver had no liability for causing the motorcycle accident but we were later awarded 80% liability against the other driver.

If you’re not hit in the rear, the insurance company claims representative for the other driver will likely argue that you’re partly or mostly at fault and you will be without a motorcycle or car until your lawyer can convince them.

When you’re covered by your own collision insurance, you will be paid the cost of repairs or the total damage plus sales tax, less a deductible within days of your accident even if the accident is your fault. If the accident is the fault of their driver, your insurance company can seek to recover the deductible from the other insurance company and reimburse you.

If you have rental car coverage, your insurance company will pay for a rental car while your vehicle is being repaired or while you find a replacement if yours was totaled. If you don’t have rental car coverage when your car is damaged, the other insurance company will probably not pay for a rental car and you will be without transportation.

We recommend buying collision damage insurance and rental car coverage which will eliminate a lot of problems in the event you are in an accident.  There are three different types of collision damage coverage.  Make sure you get the type you want.

See what you must know about collision coverage if you’re buying a motorcycle with a loan from a bank.

NYS law (11 NYCRR 216.0) regulating insurance company responsibilities regarding handling of collision claims.

If you had a motorcycle accident but didn’t have collision coverage, we will NOT charge you a fee for money we recover for damage to your motorcycle.

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Get Motorcycle Lawyers Rob Plevy, Esq. and Phil Franckel, Esq. at the HURT911® Personal Injury Dream Team™ on your side and become a member of our family!

“I endorse these guys 100% they handled my [motorcycle] accident very well! And they are genuine human beings.”
—Frank Sundancer Perugi

Please take a look at some of our:

We created the popular motorcycle awareness campaign you know and have seen!

No Win — No Fee — No Expenses — Guaranteed!

At HURT911® you can speak, text, or email Rob Plevy, Esq. and Phil Franckel, Esq. whenever you need throughout your case and afterward, days/nights/weekends.

Call days/nights/weekends for a free consultation with no obligation.
Call right now! 1-800-HURT-911 | 1-800-487-8911

Motorcycle Attorney Phil Franckel talks about how motorcycle accidents are different

Partner Rob Plevy, Esq.

Motorcycle Injury Attorney Rob Plevy, Esq.

Partner Rob Plevy, Esq.

Get the HURT911® Personal Injury Dream Team™ on your side!
Call Attorneys Rob Plevy & Phil Franckel days/nights/weekends for a free consultation
1-800-HURT-911

1-800-487-8911

How a Motorcycle Accident Verdict Amount Was Decided

A motorcyclist in a head-on collision with a pickup truck was awarded a total of $6,338,491 when he suffered the amputation of his leg below the knee, multiple fractures, implanted hardware, reflex sympathetic dystrophy (complex regional pain syndrome), and post-concussion syndrome.

How was this amount determined? The following itemization is illustrative of how a verdict for injuries is rendered. In this case, although the defendant claimed that the motorcyclist was 100% at fault, the motorcyclist was found to be only 15% at fault and the total amount awarded was reduced by 15%.

$589,480 Past Medical Cost
$1,846,780 Future Medical Cost
$107,232 Past Lost Earnings
$362,499 Future Lost Earnings Capability
$1,250,000 Past Pain And Suffering
$2,182,500 Future Pain And Suffering

Total Award $6,338,491
Total Award less 15% = $5,387,717.35 net award to the motorcyclist

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Get Motorcycle Lawyers Rob Plevy, Esq. and Phil Franckel, Esq. at the HURT911® Personal Injury Dream Team™ on your side and become a member of our family!

“I endorse these guys 100% they handled my [motorcycle] accident very well! And they are genuine human beings.”
—Frank Sundancer Perugi

Please take a look at some of our:

We created the popular motorcycle awareness campaign you know and have seen!

No Win — No Fee — No Expenses — Guaranteed!

At HURT911® you can speak, text, or email Rob Plevy, Esq. and Phil Franckel, Esq. whenever you need throughout your case and afterward, days/nights/weekends.

Call days/nights/weekends for a free consultation with no obligation.
Call right now! 1-800-HURT-911 | 1-800-487-8911

Motorcycle Attorney Phil Franckel talks about how motorcycle accidents are different

Partner Rob Plevy, Esq.

Motorcycle Injury Attorney Rob Plevy, Esq.

Partner Rob Plevy, Esq.

Get the HURT911® Personal Injury Dream Team™ on your side!
Call Attorneys Rob Plevy & Phil Franckel days/nights/weekends for a free consultation
1-800-HURT-911

1-800-487-8911

Smart Helmet Can Prevent a Motorcycle Accident

Smart Helmets are almost here and can prevent a motorcycle accident, tell you where to go or alert you when someone is calling and let you answer the phone!

The Skully AR-1 helmet uses sensors, microprocessors, a camera, and a HUD (Heads Up Display) like in a fighter jet. In fact, the technology available for smart helmets comes from military development.

The Skully helmet has GPS navigation with the information appearing to be approximately ten feet in front of the rider with automatic infinitely variable focal distance which makes the GPS info display clearly no matter where the rider is looking.

A rear-viewing camera and display give a 180-degree view of what’s behind the rider. You can see if a car is coming up fast on your left just when you wanted to change lanes or whatever else is going on behind you. You can check your blind spot and all lanes behind you in one glance.

The rearview camera system displays a panoramic view instead of a small narrow area like a car’s rearview camera. The display appears just below the GPS in the bottom right corner of the helmet’s HUD.

Using Bluetooth, the helmet pairs with your smartphone and has a battery life of up to nine hours.

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Get Motorcycle Lawyers Rob Plevy, Esq. and Phil Franckel, Esq. at the HURT911® Personal Injury Dream Team™ on your side and become a member of our family!

“I endorse these guys 100% they handled my [motorcycle] accident very well! And they are genuine human beings.”
—Frank Sundancer Perugi

Please take a look at some of our:

We created the popular motorcycle awareness campaign you know and have seen!

No Win — No Fee — No Expenses — Guaranteed!

At HURT911® you can speak, text, or email Rob Plevy, Esq. and Phil Franckel, Esq. whenever you need throughout your case and afterward, days/nights/weekends.

Call days/nights/weekends for a free consultation with no obligation.
Call right now! 1-800-HURT-911 | 1-800-487-8911

Motorcycle Attorney Phil Franckel talks about how motorcycle accidents are different

Partner Rob Plevy, Esq.

Motorcycle Injury Attorney Rob Plevy, Esq.

Partner Rob Plevy, Esq.

Get the HURT911® Personal Injury Dream Team™ on your side!
Call Attorneys Rob Plevy & Phil Franckel days/nights/weekends for a free consultation
1-800-HURT-911

1-800-487-8911

Changing Attitudes Towards Motorcyclists

A client who was injured in a motorcycle accident said that attitudes towards motorcyclists have been changing recently to become more positive. I pointed out that this is been going on for a long time and that Malcolm Forbes is the person who can probably be most credited for starting it.

I remember seeing Malcolm Forbes drive down Fifth Avenue in New York City in a suit on his motorcycle with other executives following along. I tried to find a photograph without success. However, I did find this photograph of Malcolm Forbes sitting on his motorcycle in his Fifth Avenue office in 1976.

But my father started first!  This is my father in a suit on his motorcycle in 1946
My father wearing s suit on his motorcycle in 1946

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Get Motorcycle Lawyers Rob Plevy, Esq. and Phil Franckel, Esq. at the HURT911® Personal Injury Dream Team™ on your side and become a member of our family!

“I endorse these guys 100% they handled my [motorcycle] accident very well! And they are genuine human beings.”
—Frank Sundancer Perugi

Please take a look at some of our:

We created the popular motorcycle awareness campaign you know and have seen!

No Win — No Fee — No Expenses — Guaranteed!

At HURT911® you can speak, text, or email Rob Plevy, Esq. and Phil Franckel, Esq. whenever you need throughout your case and afterward, days/nights/weekends.

Call days/nights/weekends for a free consultation with no obligation.
Call right now! 1-800-HURT-911 | 1-800-487-8911

Motorcycle Attorney Phil Franckel talks about how motorcycle accidents are different

Partner Rob Plevy, Esq.

Motorcycle Injury Attorney Rob Plevy, Esq.

Partner Rob Plevy, Esq.

Get the HURT911® Personal Injury Dream Team™ on your side!
Call Attorneys Rob Plevy & Phil Franckel days/nights/weekends for a free consultation
1-800-HURT-911

1-800-487-8911

Doesn’t No Fault Mean I’m Not at Fault?

We’ve been asked many times and there are many searches coming to our website for

Q: “If I’m on a motorcycle and get hit by a car doesn’t no-fault mean I’m not at fault?” or
Q: “Does no-fault mean that I’m not at fault if I’m on a motorcycle?”

No Fault signs on sign post

A: No, it doesn’t. Likewise, it does not mean that the car which hit your motorcycle is not at fault. No-Fault has nothing to do with whether or not you are considered at fault for causing an accident.

Easy Answer: Think of no-fault as insurance that pays your medical bills and lost wages when you’re injured while sitting in a car or if you are a pedestrian.

No-Fault refers to the type of insurance coverage and the New York State laws about that coverage. No-fault usually applies only to car accidents and pedestrians struck by a motorcycle.  No-Fault provides certain insurance benefits including medical payments, lost wages, and other benefits, without looking at who’s at fault when determining whether you are entitled to those benefits. That’s why it’s called No-Fault.

Back to the question about fault, whether or not you will be considered at fault and how this will affect you. You may think that you are at fault but that doesn’t mean you are at fault.

Even if you are at fault, you may be only partially at fault for your motorcycle accident. This means that the car which hit you is also partially at fault. Under New York State law, if you were only 20% at fault, then you are entitled to receive 80% of your damages.

As an example, your motorcycle may have been struck by a car making a left turn in front of you but you were found to have been traveling over the speed limit or not looking in front of you and you failed to brake. If you are awarded $650,000 for a broken ankle but you are found to be 20% at fault, your award will be reduced by 20% for a total of $520,000.

We won a $465,000 jury verdict for a motorcyclist who struck a car which was making a left turn in front of him. The jury found the driver 100% at fault and our client had a torn meniscus in his knee and had arthroscopic surgery.

We just won a summary judgment motion against a driver where the motorcyclist struck a car pulling out of a parking lot to make a left turn. Summary judgment means that the court found the driver to be 100% at fault so the jury will never get to decide who is at fault. Also, when we win summary judgment, our client is awarded 9% interest on the amount the jury awards.

Do not try to decide if you are at fault for causing your motorcycle accident, without speaking with Attorneys Phil Franckel and Rob Plevy.

Even if you think you are definitely at fault, you may not be.  For instance, you can be drunk while operating your motorcycle and convicted of DWI yet the car which struck you can be 100% at fault for causing your motorcycle accident.

Also, see:
Do I have No-Fault coverage on my motorcycle policy?
New York Motorcycle Insurance Guide
New York Motorcycle Insurance Buying Tips

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Get Motorcycle Lawyers Rob Plevy, Esq. and Phil Franckel, Esq. at the HURT911® Personal Injury Dream Team™ on your side and become a member of our family!

“I endorse these guys 100% they handled my [motorcycle] accident very well! And they are genuine human beings.”
—Frank Sundancer Perugi

Please take a look at some of our:

We created the popular motorcycle awareness campaign you know and have seen!

No Win — No Fee — No Expenses — Guaranteed!

At HURT911® you can speak, text, or email Rob Plevy, Esq. and Phil Franckel, Esq. whenever you need throughout your case and afterward, days/nights/weekends.

Call days/nights/weekends for a free consultation with no obligation.
Call right now! 1-800-HURT-911 | 1-800-487-8911

Motorcycle Attorney Phil Franckel talks about how motorcycle accidents are different

Partner Rob Plevy, Esq.

Motorcycle Injury Attorney Rob Plevy, Esq.

Partner Rob Plevy, Esq.

Get the HURT911® Personal Injury Dream Team™ on your side!
Call Attorneys Rob Plevy & Phil Franckel days/nights/weekends for a free consultation
1-800-HURT-911

1-800-487-8911

Should You Buy Insurance from GEICO?

GEICO advertises heavily to sell motorcycle insurance, but should you buy from GEICO? Is it really cheap? Are all insurance companies the same?

GEICO SUCKS sign on a car

An insurance policy from one company is not the same as an insurance policy from another company. There are many differences between coverages and what’s covered. Those differences are difficult to determine if you’re not knowledgeable about insurance. Also, different insurance companies treat their insureds differently.

Asking for full coverage and comparing the price is very dangerous because there is no such thing as full coverage and you won’t get a fair comparison. You also won’t get the coverage you thought you would get.

Even if the coverages and coverage amounts are the same, insurance companies handle claims differently. Some insurance companies will protect you from a lawsuit better than other companies and some insurance companies will give you a harder time when you need the benefits you paid for.

In the last few years, along with other lawyers, we noticed that GEICO has become very difficult to deal with, whether our client was injured by a GEICO insured or our client is insured with GEICO.

We just settled two claims with GEICO which should have been settled quickly but weren’t. One was a motorcyclist whose wife was a claims representative at GEICO. She tried to settle what she thought was an easy claim but found that even she couldn’t get GEICO to pay. GEICO’s claim representative claimed the motorcycle accident was our client’s fault.  After we filed a lawsuit, GEICO didn’t even depose our client. They just gave up and offered to pay the entire policy.

In another case, our client was struck in the rear by a car that fled. He was seriously injured but only had $100,000 uninsured coverage with GEICO. GEICO didn’t want to pay the claim even though both of their doctors found he had serious injuries caused by the car. GEICO finally offered to pay the policy almost a week before the arbitration date and only after we put substantial pressure on GEICO.

Now, GEICO’s lawyers are actually alleging that they shouldn’t have to pay an injured motorcyclist because riding a motorcycle is an inherently dangerous activity!

We filed a lawsuit for our client who was injured in a motorcycle accident when he was struck by a car pulling out of a parking spot. The car was insured by GEICO.

GEICO’s attorney alleged a defense stating:

“The injury and damages allegedly suffered by the plaintiff(s) were sustained while he was engaged in an activity that the plaintiff(s) entered knowing the risks inherent therein and which risks were assumed by plaintiff(s).”

See GEICO’s lawyer’s defense highlighted in yellow on page 2

Apparently, GEICO wants to sell you motorcycle insurance but if you’re injured by one of their insured’s, they will claim you engaged in a risky activity!

The most of obnoxious part of this defense is that they know they cannot legally allege that defense because N.Y.S. Vehicle and Traffic Law § 1671 entitles motorcycles to the same access to roads as cars. Consequently, we are demanding that they withdraw this defense or we will file a motion to obtain a court order withdrawing this ridiculous defense.

When buying insurance, you need to make sure that you have the right coverage. When buying motorcycle insurance, it’s even more important because if you’re injured, your injuries will be far more serious than in a car accident.

GEICO doesn’t sell through independent insurance agents. You have to buy from their salesperson. We recommend that you buy motorcycle insurance through an independent insurance agent who can get you the best price and make sure you have the right coverage with a good insurance company.

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Get Motorcycle Lawyers Rob Plevy, Esq. and Phil Franckel, Esq. at the HURT911® Personal Injury Dream Team™ on your side and become a member of our family!

“I endorse these guys 100% they handled my [motorcycle] accident very well! And they are genuine human beings.”
—Frank Sundancer Perugi

Please take a look at some of our:

We created the popular motorcycle awareness campaign you know and have seen!

No Win — No Fee — No Expenses — Guaranteed!

At HURT911® you can speak, text, or email Rob Plevy, Esq. and Phil Franckel, Esq. whenever you need throughout your case and afterward, days/nights/weekends.

Call days/nights/weekends for a free consultation with no obligation.
Call right now! 1-800-HURT-911 | 1-800-487-8911

Motorcycle Attorney Phil Franckel talks about how motorcycle accidents are different

Partner Rob Plevy, Esq.

Motorcycle Injury Attorney Rob Plevy, Esq.

Partner Rob Plevy, Esq.

Get the HURT911® Personal Injury Dream Team™ on your side!
Call Attorneys Rob Plevy & Phil Franckel days/nights/weekends for a free consultation
1-800-HURT-911

1-800-487-8911

Hells Angels Sues Rapper Young Jeezy

Hells Angels Motorcycle Corporation agreed to settle their differences with rapper Young Jeezy and Dillard’s on a peaceful basis by moving their lawsuit from court to a Voluntary Dispute Resolution Program. The Stipulation filed in court by the attorneys doesn’t indicate the type of dispute resolution program but it could be either mediation which is a moderated attempt to negotiate a settlement or arbitration which results in a binding decision.

The Hells Angels previously filed a lawsuit against rapper Young Jeezy’s 8732 Apparel, Ltd. and Dillard’s, Inc. retail stores. The lawsuit alleged that they manufactured and sold hats, shirts, and vests bearing a design that is confusingly similar to the Hells Angels trademark.

My personal opinion is that the Hells Angels have a good case.  The “decoration” patch looks to me like a cheap imitation of the Hells Angels patch, logo, and colors.  I believe it looks confusingly similar and could easily be confused by the general public.

The imitation even includes “EIGHT SEVEN”, an obvious attempt to be similar to the use of  “81” signifying “HA”, the eighth and first letters of the alphabet.  The use of EIGHT SEVEN instead of 81 is no accident.  I see this as showing intent by the designer to infringe on the Hells Angels trademarks.

Take a look for yourself at the Complaint in the lawsuit to decide if it looks confusingly similar.  Starting on page 8, the trademarks are shown in Exhibit A, photos of the trademarks used by the Hells Angels are shown in Exhibit B, and the alleged infringing items in Exhibit C.

If you’re interested in a relatively simple discussion about the term confusingly similar, take a look at Likelihood of Confusion—The Basis for Trademark Infringement

Large corporations, clothing manufacturers and retailers are especially protective of their trademarks and are quick to file lawsuits.  The Hells Angels logo is a very old and well-known trademark so it’s strange that they had to file several lawsuits in the past to protect their trademark against large corporations like Disney, Saks, Amazon, MTV, and others.

I don’t know why manufacturers and retailers who are keenly interested in protecting their own trademarks, would so often seek to take advantage of the Hells Angels trademarks.  Making money by copying a trademark and “changing it” so you think it’s different enough is only an attempt to fool oneself into thinking you can get away with it.  But it’s nothing more than a fake Rockefeller using his fake identity to steal money.

The Hells Angels have numerous trademarks with the Hells Angels Motorcycle Corporation listed as the owner.  Their first trademark was filed on June 15, 1978, for their iconic winged skull logo.

You can search the Hells Angels trademarks at http://tmsearch.uspto.gov/bin/gate.exe?f=tess&state=4805:9l55ex.1.1

  • Click on Basic Word Mark Search (New User)
  • Enter Hells Angels in the field for Search Term:
  • Click on Submit Query

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