Category Archives: Insurance Coverage

Can a Motorcycle Injury be Covered When You Didn’t Have Health Insurance?

You were injured in a motorcycle accident but didn’t have health insurance (No-Fault doesn’t cover motorcyclists).  Now, you need to get health insurance, but your motorcycle injury is a pre-existing condition.  Can you still get health insurance coverage to pay for your pre-existing motorcycle injury?

In March 2010, the Patient Protection and Affordable Care Act became law. The law created a new program to make health coverage available to people with pre-existing medical conditions called the Pre-Existing Condition Insurance Plan (PCIP).

However, on February 16, 2013, the federal Pre-Existing Condition Insurance Plan (PCIP) stopped accepting new enrollment applications until further notice, and state-based PCIPs, such as New York, will suspend acceptance of new enrollment applications on March 2, 2013.  You can apply to the New York Bridge Plan.

The good news is that starting January 1, 2014, the Affordable Care Act guarantees that all Americans, regardless of their health status or pre-existing conditions, will finally have access to affordable health insurance coverage. New York motorcyclists without health insurance coverage will be able to choose a health insurance company and apply for affordable coverage in “Health Insurance Marketplaces” when open enrollment begins on October 1, 2013, for health insurance coverage beginning on January 1, 2014.

Starting in 2014, the law prohibits insurance companies from refusing to sell health insurance coverage or renew policies because of a person’s pre-existing condition. Also, starting in 2014, individuals whose employers don’t offer them insurance will be able to buy health insurance directly in an “Exchange.” This is a competitive insurance marketplace where individuals and small businesses can buy affordable and qualified health benefit plans. Exchanges will offer a choice of health plans that meet certain benefits and cost standards.

If you don’t currently have health insurance, make sure that you apply when open enrollment starts on October 1, 2013.  To enroll, see newyorkmotorcycleaccidentlawyer.com/obamacare.  If you don’t have coverage during the 2014 riding season, you will still be able to apply after a motorcycle accident, but you will not have coverage during the 1-2 months it can take to process your enrollment.

Even if you do have health insurance coverage, you may not have coverage for some types of treatment, or it may be difficult to obtain treatment for some common motorcycle injuries, such as dental injuries and scars requiring plastic surgery.  If you have a motorcycle accident in New York, we can arrange treatment when you don’t have coverage or have difficulty finding a physician willing to treat you without being paid upfront.

We recently restored a client’s smile, which was seriously damaged in a motorcycle accident.  Although she had medical insurance, the dentists she saw were demanding that she pay thousands of dollars upfront for the treatment, which she couldn’t afford to pay. She saw two other lawyers in New York, including a motorcycle lawyer, but they were unable to get her the restorative dental treatment she needed. Then she called 1-800-HURT-911.

Instead of sending her to a general dentist, we got her treated by a specialist. We immediately arranged for a top Prosthodontist to give her the treatment she needed to get her smile back.

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Motorcycle Lawyer Phil FranckelPhilip L. Franckel, Esq. personally authored this page and all articles on NYMotorcycleAttorneys.com.

You may have met Phil Franckel and Rob Plevy at motorcycle events. Phil and Rob created the motorcycle awareness campaign BE AWARE MOTORCYCLES ARE EVERYWHERE®. They are Founding Partners of 1-800-HURT-911® New York, well-known in New York for representing motorcyclists. Phil is an Avvo Top Motorcycle Attorney with a 10 Avvo rating, Avvo Motorcycle Client’s Choice award with all 5-star reviews, Avvo Top Motorcycle Accident Contributor, and a former Member of the Board of Directors of the New York State Trial Lawyers Association.


1-800-HURT-911\u00ae As Seen On TV ABC, CBS, NBC, FOX, , WOR, WPIX logos

Get New York Motorcycle Accident Lawyers Rob Plevy, Esq. and Phil Franckel, Esq. at the 1-800-HURT-911® 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!

1-800-HURT-911 New York Motorcycle Lawyers created the motorcycle awareness campaign BE AWARE MOTORCYCLES ARE EVERYWHERE®

No Win — No Fee — No Expenses — Guaranteed!
Think you were at fault or other lawyers said you don’t have a case, please call us!

Google Screened 1-800-HURT-911 New York Accident Motorcycle Lawyers

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

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Motorcycle Attorney Phil Franckel talks about how motorcycle accidents are different

Philip L. Franckel, Esq. is the author of all articles and content on this website, one of the Personal Injury Dream Team™ Founding Partners at 1-800-HURT-911® New York, well-known for representing motorcyclists. He has a 10 Avvo rating; Avvo Client’s Choice with all 5-star reviews; Avvo Top Contributor; and is a former Member of the Board of Directors of the New York State Trial Lawyers Association. Mr. Franckel created the motorcycle awareness campaign BE AWARE MOTORCYCLES ARE EVERYWHERE®.

Founding Partner Rob Plevy, Esq.

New York Motorcycle Accident Lawyer and Founding Partner Rob Plevy, Esq.

New York Motorcycle Accident Lawyer and Founding Partner Rob Plevy, Esq.

Robert Plevy, Esq. is a motorcycle accident lawyer and one of the Personal Injury Dream Team™ Founding Partners at 1-800-HURT-911® New York. Robert began his legal career in 1993 as an Assistant Corporation Counsel defending The City of New York against personal injury lawsuits.

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

What the Possible New Uninsured/Underinsured Law Means to Motorcyclists

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Motorcycle Lawyer Phil FranckelPhilip L. Franckel, Esq. personally authored this page and all articles on NYMotorcycleAttorneys.com.

You may have met Phil Franckel and Rob Plevy at motorcycle events. Phil and Rob created the motorcycle awareness campaign BE AWARE MOTORCYCLES ARE EVERYWHERE®. They are Founding Partners of 1-800-HURT-911® New York, well-known in New York for representing motorcyclists. Phil is an Avvo Top Motorcycle Attorney with a 10 Avvo rating, Avvo Motorcycle Client’s Choice award with all 5-star reviews, Avvo Top Motorcycle Accident Contributor, and a former Member of the Board of Directors of the New York State Trial Lawyers Association.


1-800-HURT-911\u00ae As Seen On TV ABC, CBS, NBC, FOX, , WOR, WPIX logos

Get New York Motorcycle Accident Lawyers Rob Plevy, Esq. and Phil Franckel, Esq. at the 1-800-HURT-911® 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!

1-800-HURT-911 New York Motorcycle Lawyers created the motorcycle awareness campaign BE AWARE MOTORCYCLES ARE EVERYWHERE®

No Win — No Fee — No Expenses — Guaranteed!
Think you were at fault or other lawyers said you don’t have a case, please call us!

Google Screened 1-800-HURT-911 New York Accident Motorcycle Lawyers

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

call button   chat button

Motorcycle Attorney Phil Franckel talks about how motorcycle accidents are different

Philip L. Franckel, Esq. is the author of all articles and content on this website, one of the Personal Injury Dream Team™ Founding Partners at 1-800-HURT-911® New York, well-known for representing motorcyclists. He has a 10 Avvo rating; Avvo Client’s Choice with all 5-star reviews; Avvo Top Contributor; and is a former Member of the Board of Directors of the New York State Trial Lawyers Association. Mr. Franckel created the motorcycle awareness campaign BE AWARE MOTORCYCLES ARE EVERYWHERE®.

Founding Partner Rob Plevy, Esq.

New York Motorcycle Accident Lawyer and Founding Partner Rob Plevy, Esq.

New York Motorcycle Accident Lawyer and Founding Partner Rob Plevy, Esq.

Robert Plevy, Esq. is a motorcycle accident lawyer and one of the Personal Injury Dream Team™ Founding Partners at 1-800-HURT-911® New York. Robert began his legal career in 1993 as an Assistant Corporation Counsel defending The City of New York against personal injury lawsuits.

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

Does an Insurance Policy Have To Pay Accidental Death Benefits If You Were Drunk and Speeding?

An insurance policy with an accidental death benefit may have to pay a death benefit to a motorcyclist who dies in an accident, even if the motorcyclist was drunk and speeding.

What Did The Motorcyclist Do Wrong? Everything!

Anthony McClelland was killed when he went off the road and crashed his motorcycle after failing to navigate a curve.

He was:

  • Not wearing a helmet
  • Speeding at over 90 mph
  • Possibly racing with another motorcycle and a car, and
  • Riding his motorcycle while drunk

The toxicology report stated that he had a blood alcohol concentration (BAC) of 0.203%. The report listed blunt force trauma as the immediate cause of death and acute ethanol intoxication as a significant condition.

Can You Get Money For Injuries If You Were Riding a Motorcycle While Drunk?

This case involved a motorcyclist who was riding his motorcycle while drunk and was unfortunately killed. He did not file a lawsuit for personal injury but had a death benefit from a disability insurance policy at work. (Keep reading below to see what the court ruled about his death benefit)

But you can also file a lawsuit for personal injury, and you can get money for your injuries even if you were drunk while riding a motorcycle. (Watch this video)

The Motorcyclist Had Insurance With a $250,000 Accidental Death Benefit

Anthony McClelland had an employee benefits insurance policy at work as defined by the Employee Retirement Income Security Act of 1974 (ERISA), which provided a $250,000 accidental death benefit.

The Insurance Company Denied The Claim Because He Was Drunk

The Life Insurance Company of North America denied payment of the death benefit claiming that the death was not a result of an accident because he was drunk.

The Court Ruled That The Insurance Company Has To Pay The Claim

The Eighth Circuit U.S. Court of Appeals ruled that the death was an accident and that the insurance company has to pay the death benefit.

Evidence was submitted that, according to friends he had seen that day, McClelland was in a good mood and had plans for other activities later that day. This evidence indicated that McClelland did not intend or anticipate his death on the day of his motorcycle accident, and his death was, therefore, an accident.

The U.S. District Court agreed and stated that the evidence indicated that McClelland intended to reach his next destination and that he did not intend or expect to die.

The Motorcyclist Was An Experienced Drinker!

Interestingly, the court also stated, “The statistics offered by Plaintiff demonstrate that a person in this situation is overwhelmingly likely to safely reach his destination, particularly when he is an experienced drinker.” (Apparently, McClelland was an experienced drinker!)

The court further found that although he engaged in behavior that greatly raised his risk of serious injury or death, there is no evidence that a reasonable, similarly situated person would think that death or serious injury was highly likely.

The court concluded that if the insurance company wants to exclude drunk driving crashes from coverage for accidental death, it can easily write an exclusion in the insurance policy. The insurance policy which insured Anthony McClelland did not have such an exclusion for accidental death benefits.

If you had a family member who was killed in a motorcycle accident when he was drunk and/or speeding, call us for a free consultation at 1-800-487-8911

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Motorcycle Lawyer Phil FranckelPhilip L. Franckel, Esq. personally authored this page and all articles on NYMotorcycleAttorneys.com.

You may have met Phil Franckel and Rob Plevy at motorcycle events. Phil and Rob created the motorcycle awareness campaign BE AWARE MOTORCYCLES ARE EVERYWHERE®. They are Founding Partners of 1-800-HURT-911® New York, well-known in New York for representing motorcyclists. Phil is an Avvo Top Motorcycle Attorney with a 10 Avvo rating, Avvo Motorcycle Client’s Choice award with all 5-star reviews, Avvo Top Motorcycle Accident Contributor, and a former Member of the Board of Directors of the New York State Trial Lawyers Association.


1-800-HURT-911\u00ae As Seen On TV ABC, CBS, NBC, FOX, , WOR, WPIX logos

Get New York Motorcycle Accident Lawyers Rob Plevy, Esq. and Phil Franckel, Esq. at the 1-800-HURT-911® 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!

1-800-HURT-911 New York Motorcycle Lawyers created the motorcycle awareness campaign BE AWARE MOTORCYCLES ARE EVERYWHERE®

No Win — No Fee — No Expenses — Guaranteed!
Think you were at fault or other lawyers said you don’t have a case, please call us!

Google Screened 1-800-HURT-911 New York Accident Motorcycle Lawyers

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

call button   chat button

Motorcycle Attorney Phil Franckel talks about how motorcycle accidents are different

Philip L. Franckel, Esq. is the author of all articles and content on this website, one of the Personal Injury Dream Team™ Founding Partners at 1-800-HURT-911® New York, well-known for representing motorcyclists. He has a 10 Avvo rating; Avvo Client’s Choice with all 5-star reviews; Avvo Top Contributor; and is a former Member of the Board of Directors of the New York State Trial Lawyers Association. Mr. Franckel created the motorcycle awareness campaign BE AWARE MOTORCYCLES ARE EVERYWHERE®.

Founding Partner Rob Plevy, Esq.

New York Motorcycle Accident Lawyer and Founding Partner Rob Plevy, Esq.

New York Motorcycle Accident Lawyer and Founding Partner Rob Plevy, Esq.

Robert Plevy, Esq. is a motorcycle accident lawyer and one of the Personal Injury Dream Team™ Founding Partners at 1-800-HURT-911® New York. Robert began his legal career in 1993 as an Assistant Corporation Counsel defending The City of New York against personal injury lawsuits.

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 Cancel My Motorcycle Insurance during the Winter?

It’s not even winter yet, and some people are already putting their motorcycles away for the winter. I was just retained by someone who had a motorcycle accident while riding his motorcycle to his friend’s garage, where he was going to store it for the winter.

You might not put your motorcycle away for another month or two, and you might even want to go for a ride on one of those nice sunny warm days in January! But don’t make the mistake that my client made.

My client thought he would save some money by canceling his motorcycle insurance policy for the winter. That might sound like a way to save money, but it could cost you money.

The biggest mistake he made was to ride his motorcycle to his friend’s garage just one day after canceling his insurance. Obviously, he had no insurance at the time of the accident and did not have underinsured coverage.

If he still had his $300,000 underinsured coverage, he would have received $300,000 for his injuries, but he was struck by someone with a minimum insurance policy.

If you’re going to cancel your insurance for the winter, DO NOT take your motorcycle on the road, even for that short five-minute ride.

Should you even cancel your insurance for the winter? First of all, there are always some nice days during the winter when you may be tempted to go for a ride. If your insurance policy is still in force, you can legally go for a ride anytime you want with the comfort that you and your motorcycle are insured.

Second, there are many ways your motorcycle could be damaged while in storage. Your motorcycle could be stolen or destroyed if the building where your motorcycle is stored burns down.

Third, you may not even save money because instead of renewing your insurance policy, you will be starting with a new policy in the spring, probably at a higher rate than the renewal rate. You may also lose other discounts.

You might be able to choose a winter layup policy that will cover your motorcycle if it is damaged or stolen, but it will not give you insurance coverage to take your motorcycle on the road when the weather gets nice. Don’t forget that there are some winter days when it is just too tempting to go for a ride.

When you start riding again in the spring, Make sure that you check your insurance coverage to make sure you have the same coverage you had before the winter and that you have sufficient underinsured coverage. One of our clients said his underinsured coverage was reduced by GEICO from $300,000 to $25,000 during the winter but wasn’t increased again in the spring.

See our motorcycle insurance articles and
Is Your SUM Coverage Reduced During Winter Storage?

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Motorcycle Lawyer Phil FranckelPhilip L. Franckel, Esq. personally authored this page and all articles on NYMotorcycleAttorneys.com.

You may have met Phil Franckel and Rob Plevy at motorcycle events. Phil and Rob created the motorcycle awareness campaign BE AWARE MOTORCYCLES ARE EVERYWHERE®. They are Founding Partners of 1-800-HURT-911® New York, well-known in New York for representing motorcyclists. Phil is an Avvo Top Motorcycle Attorney with a 10 Avvo rating, Avvo Motorcycle Client’s Choice award with all 5-star reviews, Avvo Top Motorcycle Accident Contributor, and a former Member of the Board of Directors of the New York State Trial Lawyers Association.


1-800-HURT-911\u00ae As Seen On TV ABC, CBS, NBC, FOX, , WOR, WPIX logos

Get New York Motorcycle Accident Lawyers Rob Plevy, Esq. and Phil Franckel, Esq. at the 1-800-HURT-911® 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!

1-800-HURT-911 New York Motorcycle Lawyers created the motorcycle awareness campaign BE AWARE MOTORCYCLES ARE EVERYWHERE®

No Win — No Fee — No Expenses — Guaranteed!
Think you were at fault or other lawyers said you don’t have a case, please call us!

Google Screened 1-800-HURT-911 New York Accident Motorcycle Lawyers

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

call button   chat button

Motorcycle Attorney Phil Franckel talks about how motorcycle accidents are different

Philip L. Franckel, Esq. is the author of all articles and content on this website, one of the Personal Injury Dream Team™ Founding Partners at 1-800-HURT-911® New York, well-known for representing motorcyclists. He has a 10 Avvo rating; Avvo Client’s Choice with all 5-star reviews; Avvo Top Contributor; and is a former Member of the Board of Directors of the New York State Trial Lawyers Association. Mr. Franckel created the motorcycle awareness campaign BE AWARE MOTORCYCLES ARE EVERYWHERE®.

Founding Partner Rob Plevy, Esq.

New York Motorcycle Accident Lawyer and Founding Partner Rob Plevy, Esq.

New York Motorcycle Accident Lawyer and Founding Partner Rob Plevy, Esq.

Robert Plevy, Esq. is a motorcycle accident lawyer and one of the Personal Injury Dream Team™ Founding Partners at 1-800-HURT-911® New York. Robert began his legal career in 1993 as an Assistant Corporation Counsel defending The City of New York against personal injury lawsuits.

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