If you own a motorcycle shop
We can help you get paid quicker and make your life easier whether or not the motorcyclist has collision coverage. Many motorcyclists don’t have collision coverage, and we represent them for free for the collision damage.
Do you have a motorcycle in your yard or shop, and the motorcyclist doesn’t have the money to pay your fees? We can get the money for the motorcyclist, so he or she can get the motorcycle out of your yard, and you’ll get paid.
If your motorcycle is towed to a repair shop after a motorcycle accident
You may be charged for towing, labor (because your motorcycle is an over-turned vehicle), storage, and possibly disassembly fees.
How much a repair shop can charge you for towing and storing your motorcycle depends upon both local regulations in the town and NYS law.
New York regulations usually allow a maximum storage fee of $15 per day if your motorcycle is stored outside. If your motorcycle is stored inside, the shop must have a sign posted which indicates the storage fee. If your motorcycle has to be disassembled to provide an estimate, the shop may charge a disassembly fee.
This motorcycle was disassembled and stored outside
Towing and storage charges are also regulated by the town
On Long Island, in the Town of North Hempstead, towing and storage regulations allow a $125 towing charge, which includes the first mile plus another $5 per mile plus a $15 fuel surcharge. Because a motorcycle will be lying on its side after an accident, motorcycles are subject to an additional labor fee of $50 allowed for “when the use of special skills is required to right an overturned vehicle.” Storage charges after seven days are allowed to increase to $30 per day.
New York Motor Vehicle Repair Shop Regulations
New York Motor Vehicle Repair Shop Regulations PART 82.8 (c) (1) provides that a customer may not be charged for storage unless notice in writing is given by a statement on an estimate or other document given to the customer.
(2) Storage of the motorcycle may not be charged during the period from which the customer has authorized repairs to one business day after the repair shop has notified the customer to pick up the repaired motorcycle. (There is a contradiction on page 22 of the Motor Vehicle Repair Shop Regulations, which states that the repair shop cannot begin charging for storage until two business days after they have notified you to pick up your motorcycle.
(d) Upon reasonable notice, a customer may remove the motorcycle from a repair shop during the shop’s business hours upon paying for storage charges.
Know Your Rights | Information and Complaints about NY Inspection Stations, Repair Shops, Body Shops, and Dealers | NYS DMV Vehicle Safety Complaint Unit tel phone: 518-474-8943
Information on towing your motorcycle in New York City
NYC Towing Service Guide [PDF]
When you have collision coverage
When you have collision coverage on your motorcycle insurance policy, you’re in a better position because your insurance company has obligations to you that are determined by the motorcycle insurance policy. Part of those obligations is to quickly inspect your motorcycle damage and pay your claim promptly.
However, the collision damage portion of your motorcycle policy may contain some restrictions, such as the number of days they will pay for storage charges.
When you do not have collision coverage
When your motorcycle is damaged in an accident, you will have to try to get the car’s insurance company to pay for your motorcycle damage. Unlike collision coverage on your own motorcycle policy, someone else’s insurance company has no obligation to you.
Someone else’s insurance company might look at your motorcycle quickly, and they might offer to pay for the damage, but it could be a lot more difficult. They usually will go by what their insured says, and if their insured claims that the accident was your fault, you might not get paid for your motorcycle until we file a lawsuit.
However, unlike collision damage coverage, someone else’s insurance company is obligated to pay you storage charges for whatever amount of time, within reason, your motorcycle is in storage.
It’s best to remove your motorcycle as soon as possible from storage to mitigate (lessen) the damages for which the car that caused your motorcycle accident will be responsible.
If you are unable to remove your motorcycle, the insurance company insuring the car which caused your motorcycle accident should be notified that you are unable to remove the motorcycle from storage so they can prevent being responsible for even more money.
What to do when you don’t have the money to get your motorcycle out of storage?
Read what to do if you don’t have the money to get your motorcycle out of storage and what can happen if you don’t get your motorcycle out of storage quickly.
What to do when your motorcycle is damaged, and you are injured in a motorcycle accident
If you had a motorcycle accident, please call us as soon as possible. When you’re injured in a motorcycle accident, we never charge a legal fee to help you recover the money for your motorcycle.
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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.
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.