I had the pleasure of handing over a sizable settlement check to the victim of a Pennsylvania Motorcycle Collision the other day.  It’s a pretty common occurrence, but the circumstances of this particular case made it particularly satisfying.  My hope is that by sharing the information on this blog, I can keep a future motorcycle client from making the same mistake.

This client  didn’t come to us when he was first hurt.  He made the mistake of calling one of those firms who advertise on TV about every 15 seconds.  So they sent an “investigator” to him to have him sign a retainer agreement, and made him travel to their BIG CITY office several hours away to meet with some paralegal.  Everything seemed to be going fine until the time came to discuss settlement with the insurance company.  It turned out that who was at fault for the collision was a little bit of an open question, so the insurance company decided they wouldn’t pay a penny and basically dared the attorney to sue them.

This is where things get really interesting.  You see, the client had a really significant injury.  If this “BIG CITY” lawyer with the multi-million dollar advertising budget could convince the insurance company that their driver was at fault, the insurance company would surely offer up the entire policy due to the nature of the biker’s injury.  For whatever reason, this “BIG CITY” attorney couldn’t convince the insurance adjuster to do this.  That kind of thing happens.  Insurance companies don’t stay in business long if they hand over money every time an attorney comes knocking with an arguable claim.  If the insurance company refuses to pay anything willingly, the next step is clear:  you sue them and start heading for trial.  It doesn’t mean there will necessarily be a trial, as after the discovery part of the law suit is concluded there will be another round of negotiations where the case may settle, but you have to keep the case moving.

What happened next astounded me.  This “BIG CITY” lawyer with the tough guy commercials tucked his tail and ran for the hills.  He told the client he would no longer represent him.  Now that the case might actually take a little work, this “BIG CITY” lawyer wanted nothing to do with it.

So the client came to me.  I couldn’t figure out why the “BIG CITY” lawyer dropped the case, as it seemed like a good case to me.  I sued the case and proceeded with the litigation.  I was eventually able to convince the insurance company that their driver was at fault for the accident, and they agreed to pay my client the fully policy limits.

There are a couple lessons to be learned from this case.  First, spending millions of dollars a year on tough sounding TV commercials doesn’t make a lawyer tough.  Second, you don’t have to drive to a big city to get quality representation.

If you need a personal injury attorney, ask your family, friends and neighbors who they may have used.  Do some research, and make an informed decision.  As the above situation reveals, which attorney you choose can make a huge difference in how your case comes out.  Ask any attorney you meet with if they are willing to take your case to trial if necessary, and how many similar cases they have tried.     Insist that you actually meet with the attorney that will be handling your case and not some “investigator”.  After all, do you really want to hire an attorney who is “too busy” to meet with you himself?  If you are too far away for the attorney to drive to meet you, aren’t you too far away to drive to meet the attorney?

Everything for this client ended up working out for the best.  I just worry about that firm’s other clients.  Heaven help them if the going get tough in their case.

Thanks for reading,

_______________________________
Adam M. Gee, Esq.
NY and PA Personal Injury and Malpractice Attorney
The Ziff Law Firm, LLP
303 William Street
Elmira, NY  14901
Phone: (607)733-8866
Fax: (607)732-6062
Email: agee@zifflaw.com
www.zifflaw.com

The bad news is that over 100,000 Harley Davidson motorcycles are being recalled.  The good news is that H-D chose to issue the recall before things get out of hand.  According to the National Highway Traffic Safety Administration, 111,569 2009 and 2010 Harley Davidson touring bikes, including CVO Touring and Trike products, were manufactured with faulty gas tank mounts.  When these bikes are involved in a front end collision these faulty mounts can distort, allowing gas to leak out of the tank.  Gasoline and hot engines are obviously a bad combination.

Harley Davidson will be installing extra bracing on the affected tanks to hopefully eliminate the risk of gas leaks and fire.  The fix will be free of charge, and will begin December 14, 2009.  Any affected Harley Davidson owners should call 414-343-4056 for further details and information, or see your local Harley Davidson dealer.

Its is not known what prompted this recall, and the NHTSA refuses to say how many reports of gas leaks or fires they have received.  Harley Davidson claims it has no knowledge of any incidents or injuries related to the faulty gas tank mounts, but decided to issue the voluntary recall in the interest of customer satisfaction.

While something obviously smells here, the important thing is that H-D is doing the right thing by fixing the bikes.

Thanks for reading,

_______________________________
Adam M. Gee, Esq.
NY and PA Motorcycle Accident Lawyer
The Ziff Law Firm, LLP
303 William Street
Elmira, NY  14901
Phone: (607)733-8866
Fax: (607)732-6062
Email: agee@zifflaw.com
www.zifflaw.com

As a personal injury attorney who handles a LOT of motorcycle crashes, I feel confident in saying that one of the greatest dangers to bikers is turning vehicles. As every biker well knows, people in cars just don’t see bikers; they turn in front of them and cut them off not because they are malicious, but bikers just don’t register on their radar. The majority of the motorcycle collisions I handle in New York and Pennsylvania involve cars turning in front of motorcycles, and unfortunately, these types of accidents often involve VERY significant injuries. When a car turns in front of a motorcycle, there is often nothing the biker can do to avoid a collision. The biker sometimes tries to get around the car, lays the bike down, or drives off the road entirely to try to avoid the collision, but the end result is usually the same: a seriously injured biker.

A recent incident in the city of Elmira illustrates my point. On November 17, 2009, a biker proceeding north on Clemens Center Parkway ended up in a collision with a pickup truck owned and operated by Judson Route of Roaring Branch, PA. The Judson vehicle was heading South on Clemens Center Parkway, and turned left onto East Water Street when the biker was so close to the intersection that he could not avoid a collision. The Elmira Star Gazette covered the incident here.

I’m sure Mr. Route didn’t mean to pull in front of the biker. I’m sure Mr. Route is a pleasant enough fellow who would never dream of intentionally causing a collision. But that is the risk bikers face every time they get on their motorcycle; some wonderful person could have a moment of inattention which fundamentally alters the life of the biker and his or her loved one.

To our biker friends, ride like you are invisible, because too many times you are!

To make sure bikers buy the right kind of insurance coverage to protect themselves and their famlies in the event of a crash, I wrote a book entitled “Would You Ride Your Motorcycle Naked?” My book is available FREE to New York and Pennsylvania bikers, and to those whose loved ones are bikers. Click the link above to get your free copy now, before it is too late!

Thanks for reading,
_______________________________
Adam M. Gee, Esq.
NY and PA Motorcycle Attorney
The Ziff Law Firm, LLP
303 William Street
Elmira, NY 14901
Phone: (607)733-8866
Fax: (607)732-6062
Email: agee@zifflaw.com
www.zifflaw.com

The Ziff Law Firm is proud to announce that Adam Gee, one of our injury and malpractice attorneys and an author of this blog, was recently added to the faculty of Solo Practice University™ . Solo Practice University™ is a web-based educational and professional networking community for lawyers and law students. Adam will be teaching a class on one of his favorite areas of practice, motorcycle accident law. Adam is the author of a book on motorcycle insurance entitled “Would You Ride Your Motorcycle Naked?”

“Motorcycle collisions have become an important part of my practice, and I learned very quickly that motorcycle collisions aren’t like other automobile cases” explains Adam. “The biggest mistake an attorney new to handling motorcycle cases can make is assuming the way they handle a car crash will work in a motorcycle case; the rules are different, the people are different, the science is different, and the attitudes of the insurance adjusters and jurors are different. Recognizing this at the front end is key to obtaining a just result for your client at the conclusion of your case.”

When asked why he agreed to join the faculty of Solo Practice University™, Adam explained there were two major reasons. “First, I want to do whatever I can to make sure that bikers receive top notch representation. If I can help other attorneys across the country avoid some of the pitfalls and overcome the problems I have discovered in handling these case, I feel it is my obligation to share that information. Secondly, I fundamentally agree with the message and purpose of Solo Practice University™. Law school teaches you how to think like a lawyer. They teach you how to read and analyze cases, where to find the law, and give you the very basics in a number of different areas of practice. The scary reality is that law schools are horrible at teaching you how to actually practice law. Solo Practice University™ bridges that gap by allowing experienced attorneys to give real world instruction on finite areas of law. This is what law schools should be teaching their students.”

Please visit Adam and a host of other great attorneys as they teach the topics they know best at Solo Practice University™.

MOTORCYCLE INSURANCE MISCONCEPTIONS PART 8 – MY INSURANCE COMPANY WILL TAKE CARE OF ME!

“Don’t worry, be happy – my insurance company will take care of me!”

Perhaps the most dangerous misconception people have is about the insurance industry as a whole. Some people feel that because they have insurance and pay their premiums every month that the insurance companies will take care of them when necessary. Sadly, nothing could be further from the truth. Year after year and case after case, I see just the opposite happen. I see insurance companies shirking their obligations even to their own customers. I see insurance adjusters lying to people about the laws governing vehicle collisions. I see insurance adjusters beating the ambulance to the accident scene in the hopes of having someone sign all their rights away in exchange for a few hundred dollars. Insurance companies are money making institutions. The only thing they care about is their bottom line. They love you when you send them a check every month and don’t submit a claim. When you have the potential to cost them money, the audacity to expect them to finally provide the coverage you have been paying for, they look for any excuse to keep from paying you a penny.

For a limited time, I am offering a FREE INSURANCE REVIEW! Send me a copy of your motorcycle insurance declaration page by fax or e-mail, and I will explain to you what your policy covers and what it doesn’t, and also recommend coverage amounts you should consider to make sure you are protected in the event of a motorcycle collision.

This post is the last in an eight-part series based on topics covered in my book, “Would You Ride Your Motorcycle Naked?” My book is available FREE to New York and Pennsylvania bikers, and to those whose loved ones are bikers. Click the link above to get your free copy now, before it is too late!

Thanks for reading,

Adam M. Gee, Esq.
______________________________
NY and PA Motorcycle Attorney
The Ziff Law Firm, LLP
303 William Street
Elmira, NY 14901
Phone: (607)733-8866
Fax: (607)732-6062
Email: agee@zifflaw.com
www.zifflaw.com

MOTORCYCLE INSURANCE MISCONCEPTION PART 7 -THE INSURANCE FOR THE CAR THAT HIT ME WILL PAY MY BILLS!

Another common misconception I hear is that if the biker is not at fault for the collision, the insurance for the car that is responsible will pay their damages. This is only partially true.

Car insurance, not motorcycle insurance, has two general categories; liability coverage and coverage that protects the operator and his or her passengers known as “no fault” insurance. As stated in a previous post, if you are injured in a motorcycle collision, even if it wasn’t your fault, there is no “no fault” insurance for the motorcycle occupants. Under New York’s rules, you are NOT eligible for the car’s no-fault coverage because you were not a passenger in the vehicle. Your damages can be covered by the liability portion of the car’s insurance policy, but the problem is when those damages are paid.

The insurance company for the car responsible for your injuries can’t be MADE to pay anything until a jury orders them to pay. And that may be YEARS after you were injured. They won’t pay your lost wages as they are incurred. You can’t submit your medical bills and have them paid as you receive treatment. Under the liability portion of a policy, insurance companies make only one payment in full and final settlement of your case. Depending on the complexity of your case and the nature of your injuries, that could take years.

For a limited time, I am offering a FREE INSURANCE REVIEW! Send me a copy of your motorcycle insurance declaration page by fax or e-mail, and I will explain to you what your policy covers and what it doesn’t, and also recommend coverage amounts you should consider to make sure you are protected in the event of a motorcycle collision.

This post is the seventh in a eight-part series based on my book, “Would You Ride Your Motorcycle Naked?” My book is available FREE to New York and Pennsylvania bikers, and to those whose loved ones are bikers. Click the link above to get your free copy now, before it is too late!

Thanks for reading,

Adam M. Gee, Esq.
______________________________
NY and PA Motorcycle Attorney
The Ziff Law Firm, LLP
303 William Street
Elmira, NY 14901
Phone: (607)733-8866
Fax: (607)732-6062
Email: agee@zifflaw.com
www.zifflaw.com

MOTORCYCLE INSURANCE MISCONCEPTIONS PART 6 – MY MOTORCYCLE INSURANCE WILL PAY MY BILLS!

“My motorcycle insurance covers my medical bills and lost wages just like my car insurance”

Another common misconception people have is that their motorcycle coverage will cover their medical bills and lost wages just like their car insurance. Nothing could be further from the truth. Unlike with cars, there is no “no fault” coverage for motorcycles. Basic motorcycle coverage is designed to cover property damage and personal injuries sustained by others in the event you are found responsible for a collision. It is not designed to protect YOU!

For a limited time, I am offering a FREE INSURANCE REVIEW! Send me a copy of your motorcycle insurance declaration page by fax or e-mail, and I will explain to you what your policy covers, and what it doesn’t, and also recommend coverage amounts you should consider to make sure you are protected in the event of a motorcycle collision.

This post is the fifth in a eight-part series covered in my book, “Would You Ride Your Motorcycle Naked?” It is available FREE to New York or Pennsylvania bikers, and to those whose loved ones are bikers. Click the link above to get your free copy now, before it is too late!

Thanks for reading,

Adam M. Gee, Esq.
______________________________
NY and PA Motorcycle Attorney
The Ziff Law Firm, LLP
303 William Street
Elmira, NY 14901
Phone: (607)733-8866
Fax: (607)732-6062
Email: agee@zifflaw.com
www.zifflaw.com

MOTORCYCLE INSURANCE MISCONCEPTIONS PART 5 – MY HOMEOWNER’S INSURANCE WILL COVER ME!

Another misconception I have heard over and over is that your home owner’s insurance will cover an accident on your motorcycle.

THIS IS ABSOLUTELY FALSE!!! Your home owner’s insurance has an exclusion for accidents occurring in or on almost any vehicle required to be registered with the State of New York and absolutely will not cover an accident occurring on a motorcycle!!!

The ONLY insurance that will cover you for injuries sustained in a motorcycle collision is your motorcycle policy and any private health insurance coverage you may have.

For a limited time, I am offering a FREE INSURANCE REVIEW! Send me a copy of your motorcycle insurance declaration page by fax or e-mail, and I will explain to you what your policy covers, and what it doesn’t, and also recommend coverage amounts you should consider to make sure you are protected in the event of a motorcycle collision.

This post is the fifth in a eight-part series covered in my book, “Would You Ride Your Motorcycle Naked?” It is available FREE to New York or Pennsylvania bikers, and to those whose loved ones are bikers. Click the link above to get your free copy now, before it is too late!

Thanks for reading,

Adam M. Gee, Esq.
______________________________
NY and PA Motorcycle Attorney
The Ziff Law Firm, LLP
303 William Street
Elmira, NY 14901
Phone: (607)733-8866
Fax: (607)732-6062
Email: agee@zifflaw.com
www.zifflaw.com

Motorcycle Insurance Misconceptions Part 4 – My Car Insurance Will Cover Me If I am Hurt On My Motorcycle!

As previously mentioned, there are a lot of misconceptions about motorcycle insurance. I couldn’t begin to list of all of them, but I will discuss and dispel the most common and most dangerous one I hear on a regular basis in the motorcycle collision cases I handle.

MISCONCEPTION #1

“No worries, my car insurance will cover me if I am hurt on my motorcycle!”

The single most common misconception I hear is people thinking they don’t need to purchase a lot of motorcycle coverage, because their car insurance will cover them in the event of a collision. DON’T MAKE THIS CRITICAL MISTAKE! You are NOT covered by your car insurance for an accident on your motorcycle! In fact, every motor vehicle policy contains an exclusion specifically denying coverage for injuries sustained while operating a motorcycle. It doesn’t matter whether your car insurance is through the same company, whether the bills get mailed to you in the same envelope, or whether the same agent sold you the policy. Your car insurance WILL NOT cover you for an accident with your motorcycle.

This post is the fourth in an eight-part series covered in my book, “Would You Ride Your Motorcycle Naked?” It is available FREE to New York and Pennsylvania bikers, and to those whose loved ones are bikers. Click the link above to get your free copy now, before it is too late!

Thanks for reading,

Adam M. Gee, Esq.
______________________________
NY and PA Motorcycle Attorney
The Ziff Law Firm, LLP
303 William Street
Elmira, NY 14901
Phone: (607)733-8866
Fax: (607)732-6062
Email: agee@zifflaw.com
www.zifflaw.com

FALLACY #3 – Your Insurance Agent Will Make Sure You Have The Right Coverage

The third reason people think they have the right kind and right amount of insurance is because their insurance company tells them they do. When a biker needs insurance for his or her motorcycle, they have two choices. They can walk into a local insurance agent’s office or, as more and more people do everyday, they can get their insurance on line or over the phone. When you walk into a local insurance agent’s office, what do you see above the door? Probably a big sign advertising the name of the insurance company they sell policies for. So who do you think that insurance agent works for, how do they get paid? They get paid by the insurance company for selling you a policy of insurance. Let me put it more bluntly: your insurance agent works for his insurance company, not for you! And those people you talk to on the 1-800 numbers? They work for the insurance company, too.

In NY, Insurance agents aren’t like other professionals. Your doctor, your lawyer, your accountant and your architect all owe you a duty of care. They have an obligation to look out for your best interests. If they breach that duty by failing to exercise a reasonable degree of care, you have the right to sue them for it. But insurance agents are different. They don’t owe you a duty because they don’t work for you. They are in essence representatives of the insurance companies. If they fail to sell you the right kind and right amount of insurance you cannot sue them for it.

Just like every other profession, there are good, bad and indifferent insurance agents. The difficult part is telling the good ones from the rest. Since this is my book, I am going to take the liberty of generalizing about insurance agents. Because insurance agents don’t work for you, they will try to push you toward the product they sell that has the highest profit margin for them. At the same time, they will steer you away from insurance products that carry the greatest risk to their employer. They do this in the interest of maximizing their own fees and keeping their employer, the insurance company, happy. Is that the kind of insurance you want? The kind that makes your insurance agent the most money and minimizes the risk for the insurance company? If not, please read on.

This post is the third in an eight-part series covered in my book, “Would You Ride Your Motorcycle Naked?” It is available FREE to New York or Pennsylvania bikers, and to those whose loved ones are bikers. Click the link above to get your free copy now, before it is too late!

Thanks for reading,

Adam M. Gee, Esq.
______________________________
NY and PA Motorcycle Attorney
The Ziff Law Firm, LLP
303 William Street
Elmira, NY 14901
Phone: (607)733-8866
Fax: (607)732-6062
Email: agee@zifflaw.com
www.zifflaw.com