Motorcyclists are more vulnerable than any other driver. As a result, they may suffer severe injuries and significant damages in an accident.
While New York is a no-fault auto insurance state, motorcyclists must use the fault-based civil system to recover their compensatory losses from the person liable for the accident.
Financial compensatory damages
Economic damages address how the accident and your injuries impacted your financial health. These include:
- The cost of medical expenses for current and future care
- The loss of income, including anticipated lost wages and loss of earning capacity
- The cost of repairing or replacing the motorcycle and any other property damaged in the accident
- The cost of replacement services, such as childcare or at-home assistance during your recovery
Calculating these damages entails gathering medical bills, pay stubs, tax returns, receipts and professional estimates.
Psychological compensatory damages
Non-economic damages cover the mental and emotional impact of the accident and your injuries. For example, you can recover financial compensation for physical pain and suffering from the injury and necessary treatment. Depending on the severity of your injuries, you may also request compensation for emotional distress, disfigurement, loss of enjoyment in life, loss of consortium and mental anguish.
Proving these damages is slightly more complex because they have no inherent monetary value.
Punitive damages
Punitive damages do not compensate for losses. Instead, the court may order the defendant to pay them as a consequence for gross negligence or mal intention. This is rare in motorcycle cases, but when appropriate, the amount is often substantial.
Every motorcycle accident case has unique circumstances, but if you act quickly and present sufficient evidence, your chances of a fast and fair settlement are higher.