A car making a left turn at the intersection of 162nd Avenue and Cross Bay Boulevard in Howard Beach was struck by a motorcycle, killing the motorcycle operator. The passenger on the motorcycle was seriously injured.
Apparently, the rear passenger side door of the car was struck by the motorcycle. The insurance company will likely, and wrongly, claim that it was the fault of the motorcyclist because the point of impact was towards the rear of the car on the rear passenger side door.
Insurance companies often raise two arguments:
- The point of impact was towards the rear of the car indicating that the motorcyclist was at fault. Find out why it’s the driver’s fault when a motorcycle hits the rear of the car.
- The motorcycle struck the car. Find out why it doesn’t matter if the motorcycle struck the car.
According to authorities, two men, ages 33 and 28, were riding a 2017 red Jiang motorcycle southbound on Cross Bay Boulevard when the vehicle struck the rear passenger’s side door of a 2007 BMW as that vehicle attempted to turn left from the northbound boulevard lanes to 162nd Street westbound.
…the 33-year-old man — identified as Elvin Veras-Polanco of Brooklyn, who operated the motorcycle — was pronounced dead, while the 28-year-old man was listed in critical condition.
On every left turn case where the car was struck towards the rear of the car, we always get an argument from the insurance company that our client was at fault or partially at fault. With a death and serious injuries like those reported in this article, the insurance company will likely offer to pay the entire insurance policy but will still argue that the motorcyclist was at fault.
When the insurance company pays the entire insurance policy, they are paying the entire portion of the bodily injury liability policy. They will likely refuse to pay 100% of the damage to the motorcycle. Additionally, their refusal to admit 100% fault for the accident can result in insurance premium increases for the motorcyclist when the motorcyclist is fortunate enough to survive.
We have been successful many times and proving that the driver of the car was 100% at fault for causing the motorcycle accident. In fact, we obtained a court ruling that the driver was 100% at fault where the motorcycle struck the driver’s side of the rear bumper of the car which made a left turn in front of the motorcycle.
Because our client’s motorcycle struck the rear of the car making a left turn, the insurance company offered to pay only $50,000 for our client’s serious injury. After obtaining the court ruling, the insurance company increased its offer to $100,000. After a trial, the jury awarded a verdict in the amount of $425,000.
Philip L. Franckel, Esq. is one of the Personal Injury Dream Team™ Partners at 1-800-HURT-911® New York; He has a 10 Avvo rating; Avvo Client’s Choice with all 5-star reviews; Avvo Top Contributor; and a former Member of the Board of Directors of the New York State Trial Lawyers Association. Mr. Franckel is well-known in New York for representing motorcyclists and created the motorcycle awareness campaign BE AWARE MOTORCYCLES ARE EVERYWHERE®.