Why are motorcyclists excluded from No-Fault coverage?
When the New York No-Fault law was enacted, the insurance companies were able to successfully argue that motorcycles are inherently dangerous and motorcycle accidents cause serious injuries with expensive medical treatment that would cause auto insurance policies to be too expensive. Find out why No-Fault insurance coverage is listed on your motorcycle insurance policy.
It’s ironic that the problem with No-Fault billing which insurance companies face today is extensive and fraudulent medical treatment billed by doctors for treatment of soft tissue injuries sustained by people in cars. The majority of the fraudulent treatment in New York State has been reported to occur in just two counties, Brooklyn and Bronx.
It’s ironic because most motorcyclists avoid getting medical treatment. In motorcycle accidents resulting in minor injuries, I have yet to see a client with a minor injury receive anything more than one or two doctor visits. Motorcyclists tend to have the type of personality that avoids medical treatment if possible. They care more about their motorcycle than they do about their own injuries.
The amount paid out on many No-Fault claims for soft tissue injuries in a car accident can cost as much as the hospital and surgical treatment provided to an injured motorcyclist.
Additionally, while insurance companies claim that there is much fraud with medical treatment for soft tissue injuries, there is probably never any fraud involving medical treatment for an injured motorcyclist with a fractured ankle, leg, or broken arm. A fracture (broken bone) and the treatment including surgery are easily documented.
Finally, there are far fewer motorcycle accidents than car accidents because there are fewer motorcycles than cars and because most motorcyclists do not ride in the winter.
In summary, while motorcycle accidents often cause more serious injuries, they are not always more expensive; there would probably be no medical billing fraud, and there are far fewer motorcycle accidents.
There are differences of opinion among motorcyclists as to whether no-fault should be required for motorcycles. Many motorcyclists including ABATE are against no-fault for motorcycles because of fear that the increased cost of the insurance premium could prevent some motorcyclists from affording motorcycle insurance.
Motorcyclists who have been injured and a motorcycle accident and who do not have health insurance always argue that no-fault should be required for motorcycles.
I believe that the cost of no-fault coverage for motorcycles would be inexpensive but knowing how insurance companies operate, they would likely overcharge.
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Motorcycle Attorney Phil Franckel talks about how motorcycle accidents are different
Philip L. Franckel, Esq. is one of the Personal Injury Dream Team™ Founding 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®.
Partner Rob Plevy, Esq.
Robert Plevy, Esq. is 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.