INSURANCE AND
YOUR MOTORCYCLE
The Lawsuit Limitation
When you buy car insurance in New Jersey, you are required to choose either the "lawsuit limitation", which limits your right to sue for accident injuries, or "no limitation" which allows you to pursue your injury claim without limitation. The limitation applies to the type and seriousness of your injury. The injury must be either death, dismemberment, significant disfigurement or significant scarring, a displaced fracture, loss of a fetus, or a permanent injury which has not healed to function normally. Road rash, sprains, cuts and bruises don’t count.
Close to 90% of New Jersey drivers choose the lawsuit limitation because it results in a cheaper premium. If you choose no limitation, your insurance company will charge you a higher premium. Most people probably don’t realize that they are surrendering their rights when they choose the lawsuit limitation.
Even though there is no such choice of lawsuit limitation or no limitation on motorcycle policies, as a result of New Jersey Court decisions, if you choose the lawsuit limitation on your car policy, it applies to you in a motorcycle accident as well.
This is as unfair as it sounds. New Jersey automobile policies provide for payment of a policyholder's accident-related medical expenses. However, there are no medical benefits under either your automobile or motorcycle policy for injuries sustained while operating a motorcycle, even if injured as a result of a collision with an automobile. So, your New Jersey automobile policy lawsuit limitation limits prevents you from suing for your motorcycle injuries, but won’t help pay your medical bills.
Unfortunately, most motorcycle accidents result in severe injuries which overcome the lawsuit limitation. However, many do not. In those cases, even though you may suffer for years with the injuries you sustained, if you chose the lawsuit limitation, you will not be able to make a claim or sue for compensation of your injuries.
I suggest that you talk to your automobile insurance agent and find out if you have the lawsuit limitation for you and your family. Have the agent price out your policy without the limitation. While it usually will bump up your premium quite a bit, some car insurance companies have better rates than others, so shopping around could help.
Motorcycle accidents can have a devastating impact on the life of the injured rider. No where is this more apparent than in my law practice, where daily I deal with riders injured in accidents, many of whom will go without compensation as a result of their choice of the lawsuit limitation. Being in a motorcycle accident is always a surprise. Finding out you cannot pursue a claim can be an even bigger one!
Ride Safely,
MYTH VERSUS REALITY MYTH: Avoid hard application of the front brake because it will throw the rider over the handlebars. REALITY: The front brake is responsible for 60% to 70% of the motorcycle's stopping ability and should be used. In emergency braking situations, the effective center of mass of the motorcycle shifts forward toward the front wheel and tire. This results in a high adhesion value that tends to prevent the front wheel from locking unless the brake torque is extremely high. With braking action on the front wheel, the rear wheel, even if locked, will not move from side to side and the motorcycle will continue straight ahead. Only if impact takes place will the operator be thrown over the handlebars |
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