A Comprehensive Collection of 39 Motorcycle Accident FAQs for NJ & NY

 

The following dialogue is taken from a true conversation between attorney Garry R. Salomon, a partner in New Jersey’s plaintiff’s personal injury law firm Davis, Saperstein & Salomon, P.C. and a caller who while riding his motorcycle with female passenger on the back was struck when a careless driver failed to obey a stop sign. Shortly before the collision, he had cancelled his motorcycle liability insurance, so he was uninsured at the time of his collision. He also did not have a special motorcycle license to operate a motorcycle within the state of New Jersey.

Here are the questions he asked me, with the assistance of AI, over the course of a 40-minute interview session as well as my replies.

A. Case Strength & Liability

1. Have you ever handled motorcycle accidents where the rider did not have insurance at the time of the crash?

Yes. We have litigated and settled motorcycle cases where the rider lacked insurance at the time of the collision. In New Jersey, that fact, standing alone does not automatically bar an injury claim the way it does for an uninsured automobile operator. The statutory bar in N.J.S.A. 39:6A‑4.5(a) applies to uninsured automobiles , not motorcycles. Our approach is straightforward: we separate coverage issues from fault, prove negligence through admissible evidence, and quantify damages with credible medical proof.

2. How does my uninsured status affect the case in New Jersey specifically?

Legally, the uninsured‑automobile bar does not extend to motorcycles; we confirm that the vehicle at issue is a motorcycle and proceed proving liability and damages. Practically, motorcycle policies do not provide Personal Injury Protection benefits (PIP no‑fault) medical benefits; therefore, treatment typically runs through health insurance, provider liens, or medical payment coverages, and we structure your care pathway accordingly. Early documentation and continuity of care are essential to avoid valuation discounts. You may still be responsible to appear in Municipal Court to defend a Summons for Driving an Uninsured Vehicle, however, a conviction of such offense will generally not be admissible to be used against you in a personal injury claim, especially, if the Municipal Court Judges provides you with a “civil reservation.”

3. How much weight does the officer’s confirmation that I wasn’t at fault carry with insurers and in court?

Insurers pay attention to an officer’s initial assessment, but at trial, police opinions are generally inadmissible to prove fault unless the officer personally observed the crash. We therefore build liability with evidence that is admissible: photographs and video of the scene, body‑cam footage, damage patterns and impact angles, witness statements, traffic control data, and—when appropriate—expert testimony. This evidence meets the civil standard of a preponderance of the evidence.

4. What evidence do we need to lock in liability before the other side spins the narrative?

Nailing down the facts early together with preservation of favorable facts wins cases. Within the first 48 hours of being retained, it is best to : (1) secure photographs/video of the intersection, vehicle rest positions, and debris fields; (2) request police body‑cam and dash‑cam footage; (3) canvass for private cameras (stores, residences) and 911 audio; (4) identify and contact witnesses; and (5) align your medical records so symptoms are contemporaneously reported. In classic left‑turn collisions, your right‑of‑way is a powerful liability anchor; we may supplement it with an expert witness such as a qualified accident reconstruction expert who can provide a time‑distance analysis if speeding is alleged.

5. If the officer confirmed I wasn’t at fault, doesn’t that mean the other driver is liable?

Not conclusively. As a Plaintiff in a civil action for money damages, you always have the burden of proof. The first step is to prove that someone is liable for the collision. Liability is a legal determination proven through admissible evidence, not an opinion in a police report. We demonstrate fault by correlating physical evidence (impact location, crush profiles, lane markings), witnesses, and rules of the road. When those elements align, insurers lose their ability to recharacterize the event, and negotiations mature.

6. How would you counter defense arguments that try to blame a motorcycle rider for being uninsured?

We keep the jury by seeking a court ruling that evidence of lack of insurance is not relevant in a motorcycle crash. An injured, innocent, uninsured motorcyclist has the right to bring a lawsuit for personal injuries. In NJ motorcycle litigation, insurance coverage status is legally distinct from negligence; we move in limine to exclude prejudicial references to insurance, and we present the crash mechanics and traffic law violations that caused the harm. We also prepare you to testify cleanly about your conduct, gear, speed, and visibility.

7. What factors make my case stronger than the average motorcycle injury case?

The combination of clear liability facts (e.g., a left‑turn across your lane), or defendant speeding; early and consistent medical treatment, objective diagnostic testing (X‑ray/CT/MRI/EMG), neurological findings, and visible or permanent scarring significantly increases settlement value. Credible witnesses and high‑quality scene documentation further reduce defense leverage.

8. What do you think are the biggest weaknesses the defense will attack, and how would you put those down?

It starts with jury selection. The defendant will always try to pick jurors that they perceive are prejudiced against motorcyclists. For that reason, as your lawyers, we will try to have those potential jurors excused for cause, and if not, we will exercise our jury challenges to remove them from the jury panel. You can also expect allegations of speeding, late perception (came out of nowhere’), comparative negligence (lane position, gear), wearing dark clothing, and treatment gaps. We neutralize these with time‑distance physics, damage vectors, compliance with right‑of‑way rules, helmet/gear evidence, and a medical chronology that ties each symptom to the crash with minimal gaps. When necessary, we retain experts to explain biomechanics and visibility.

B. Insurance & Carrier Tactics

9. What do you think are the likely limits of the other driver’s insurance policy?

New Jersey’s statutory minimum for bodily injury liability on standard auto policies is commonly at least $25,000 per person and $50,000 per accident, with increases phased in since 2023. As of January 1, 2026, the minimum coverage for New Jersey car and motorcycle insurance policies is $35,000 per person and $70,000 per accident; however, many households carry higher limits and may have umbrella coverage. We therefore do not speculate—we compel disclosure of all applicable limits before significant negotiation, so we know the true ceiling and whether excess coverage is in play.

10. How do we force the insurer to disclose policy limits early?

We serve a compliant written demand under N.J.S.A. 39:6B‑1.1. That statute obligates the insurer to disclose, within 30 days, the limits of all applicable policies and any umbrella or excess coverage when requested by a New Jersey‑licensed attorney for a bodily‑injury claim. Our demand includes the required accident details and claimant insurance information to trigger the duty.

11. What inferred tactics do you anticipate they’ll use against me?

Expect quick lowball offers, insinuations of speed or ‘rider error,’ efforts to minimize injuries, and attempts to leverage uncertainty in your future care. Our counter is leverage: immediate policy‑limit discovery, robust liability proof, credible medical documentation, and, if needed, early filing of a lawsuit by filing a Complaint with the court suing for money damage demonstrate a willingness to take your case to trial.

C. Negotiation vs. Litigation

12. Do you aggressively negotiate before suing, or do you usually file suit early?

It depends upon the circumstances. We often do not know the extent of a person’s permanent injuries and disabilities until months after a motorcycle collision. If early resolution genuinely serves your interests, we negotiate aggressively with a well‑documented demand. If the carrier discounts liability or undervalues injuries, we file suit. Carriers pay fairly when they see a certified civil trial team preparing a case for jury selection—not when they perceive hesitation.

13. What’s your plan if their policy limit is low—would you pursue the driver personally?

Personal collection beyond available insurance is usually impractical and may push a defendant toward bankruptcy. Our plan is to maximize recovery from liability policies, explore underinsured motorist automobile coverage if available to you or your household, and confirm whether an umbrella exists. We also try to manage your medical liens representing your outstanding medical bills to protect your net recovery.

14. How long does it usually take to get an offer, and what’s your record for improving offers after initial low balls?

There is no reliable timetable. One thing for sure, we are not a “settlement mill.” Offers mature when liability is inescapable and medical proof is well‑developed. Our record of improving offers is tied to disciplined case building—diagnostics, specialist narratives, future‑care opinions—and litigation pressure. We do not ‘churn and burn.’ We settle at the right time and when the number is right and you are comfortable with it.

15. How often do you litigate to get a fair payout in motorcycle cases?

Most motorcycle matters require litigation to be taken seriously. We prepare every case for trial—pleadings, discovery, depositions, expert proof—because trial-readiness drives fair settlements. When carriers remain unreasonable, we try the case. Unfortunately, we have had the responsibility to represent motorcyclists who died in a collision. Our responsibility was to speak for the deceased and prove the defendants self-serving statements were actually lies to avoid the consequences of guilt, punishment and financial liability. Often, our clients are the children, wife or husband of the deceased biker. We accept and take on this responsibility for the benefit of the deceased’s surviving family members as part of a wrongful death claim.

16. Can my passenger also file a separate claim with the same insurance company?

Yes. Liability policies provide per‑person and per‑accident limits; your passenger’s claim is independently evaluated under the same policy and any umbrella coverage, based on her distinct injuries and damages.

D. Medical Strategy & Proof

17. Do you coordinate with my doctors to document injuries in a way that maximizes case value?

Yes. As your lawyers we have to cooperate with your medical treaters. Your medical doctors are often your expert witnesses who will testify as far as the nature and extent of your injuries. Motorcycle accidents unfortunately often involve catastrophic serious injuries with little if any medical insurance coverage. We collaborate with treating physicians, hospitals and rehabilitation facilities; and, when appropriate, reputable specialists produce clear diagnostic findings (imaging, nerve conduction studies), functional assessments, impairment ratings, and future care plans and to use such information to provide the best medical care with a goal to have the best medical outcome given the circumstances.

18. What medical records matter the most for a motorcycle accident case?

Today’s juror like to see visual evidence. Emergency department records, imaging (X‑ray/CT/MRI), specialist notes (orthopedics, neurology, pain management), physical therapy reports, and relevant prior records for baseline comparison. We organize these into a medical chronology to avoid gaps and to demonstrate continuous care tied to the crash. We often take CT and MRI images and colorize them for use as visual demonstrative evidence during the medical testimony portion of a trial.

19. Do you recommend specific specialists (orthopedic, neurologists, trauma, pain management) for these cases?

Yes, tailored to the injury pattern. There is nothing inappropriate for a lawyer to recommend an honest and qualified physician to a personal injury client. Orthopedics for fractures/ligament injuries, neurology for radiculopathy and peripheral neuropathy, pain management for interventional care, and plastic surgery for scarring. Where insurance is limited, we can coordinate lien‑based treatment through providers accustomed to litigation documentation.

20. How do we value long‑term injuries like nerve damage, PTSD, mobility issues, scars, etc.?

We are proud to say that one of our slogans is that “we put the ‘personal’ in personal injury.” That means that your injuries are unique to you. Obviously, a hand injury to a professional guitar player has a higher value than the identical injury to a history teacher. That is why there are no charts to refer to when valuing the impact of an injury to any given person. That is where the advocacy comes into play.
We combine objective diagnostics, such as MRI and CT studies together with EMG testing and discover your functional limitations. We interview you at length regarding changes in your activities‑of‑daily‑living to determine the impact, vocational losses, and future care costs. We observe and document any visible scarring and neurological deficits typically as they typically increase non‑economic damages which we call quality of life damages. Behavioral health documentation can substantiate PTSD, anxiety, and sleep disturbance.

21. If I’m still in treatment, do we have to settle later or push for early action?

We typically avoid early settlement while your medical conditions are evolving. It is far easier to prove damages that are ongoing than damages that may have been resolved over time. When a treating physician credibly projects future care—surgery, injections, therapy—we can value that with life‑care and economic experts. Often the extent of a careless driver’s insurance coverage and the willingness of their automobile insurance carrier to pay their policy limits that determine when a personal injury case will settle as well as the settlement value.

22. How do you calculate pain and suffering differently for a motorcycle crash versus a car crash?

The legal measure is identical; There are two types of “damages.” Economic and non-economic which represents your pain, suffering and disfigurement. New Jersey juries award non‑economic damages based on evidence of pain, suffering, disfigurement, and loss of enjoyment. Practically, motorcycle injuries often present greater visibility (scars) and objective severity (fractures, nerve damage), which, when well documented, can support higher awards non-economic awards and New Jersey motorcycle insurance policies do not provide PIP Medical coverage.

E. Damages & Financial Recovery

23. What types of damages can I claim in New Jersey—medical, wages, emotional distress, future care, etc.?

An injured motorcyclist can sue for compensatory damages that includes: (1) medical expenses (past and future), (2) lost wages and diminished earning capacity, (3) non‑economic damages (pain, suffering, disfigurement, loss of enjoyment), (4) property damage, and, where applicable, (5) derivative spousal claims (loss of consortium). We document each category with records, expert reports, and sworn testimony.

24. How do we calculate the damages for my passenger?

Separately, using your injured passenger’s personal medical trajectory and prognosis. Even within the same collision, valuation turns on individualized proof—diagnostics, treatment course, permanency, and functional impact. Policy limits apply per person, and umbrella coverage may increase available funds. The passenger may also benefit from household underinsured motorist insurance coverage that can add an additional layer of insurance company dollars as compensation for their harms and losses.

25. Can we go after punitive damages if the driver was reckless?

Punitive damages in NJ are tightly limited and reserved for egregious conduct—actual malice or wanton and willful disregard. Most motorcycle cases proceed with ordinary negligence counts and seek robust compensatory damages. Where facts suggest drunk driving, or intoxication from legal and illegal drugs; or intentional misconduct, we evaluate the viability of punitive claims and the evidentiary burden. But the short answer is that punitive damages are rarely awarded or permitted to be considered by the trial judge.

26. How do you prove future medical needs and long‑term disability?

Future medical care and costs are proven through expert testimony: treating physicians and retained experts (orthopedics, neurology), life‑care planners (projecting medical needs and costs), and vocational/economic experts (quantifying work impact). These experts and their opinions convert probable future medical risks into monetary figures that carriers and juries can use in their valuations.

27. What is the typical settlement range for cases with similar facts?

That is a fair question, but no responsible lawyer quotes numbers before reviewing the medical record, liability proof, and the available insurance. The valuation of a claim is individualized and evidence‑driven; once diagnostics and specialist narratives are in hand, we discuss ranges anchored to prior results, risk, and available policy limits. We always sue for and seek the maximum amount of money for your personal injury case; but we work for you and will give you our legal advice from handling over thirty thousand cases, suing every truck, car, motorcycle, bus and rideshare insurance carriers, and usually having the case valued by a judge and arbitrator. The bottom line is that we will give you the best advice available advice so that you can make the decision to settle your case or allow a jury to determine your fate.

F. Overall Legal Strategy

28. What would be the best strategy for my specific fact pattern—considering that I’m an uninsured rider, both of us were injured, and we are confirmed not at fault?

First, confirm the motorcycle exception to the uninsured‑automobile bar. You should be okay to sue despite the fact that your motorcycle had no insurance. Second, serve the negligent driver’s insurance carrier with the statutory thirty‑day policy‑limits demand to reveal primary and umbrella coverage. Third, lock down liability with photographs, witness statements, and any police bodycam/dashcam footage. Fourth, coordinate specialty care for orthopedic and neurological issues and begin a pain journal. Fifth, choose between an early, evidence‑rich demand and filing suit based on carrier posture.

29. What would you do in the first 48 hours if I hire you?

Your case will immediately be assigned to a team of usually four lawyers that are personal injury experts. Secondly, we make sure that you are getting the best medical care possible. Most of the time you will be free to select your own treating physicians and we believe that you deserve the best in medical care. We then preserve evidence (scene, vehicles, cameras), notify insurers, serve the policy‑limits demand, coordinate imaging and specialist consultations, obtain witness statements, and often suggest that you start a written pain diary to capture symptoms, treatment, and limitations in real time. These steps increase settlement value and reduce defense narratives.

G. Investigation & Trial Readiness

30. Do you handle investigations in‑house or hire an external accident reconstruction expert?

We develop facts in‑house and hire accident reconstructionists when necessary. For example, if our client with the right-of-way was injured by a negligent driver making a left‑turn we usually can prove the defendant driver liable without formal reconstruction because right‑of‑way and physical evidence suffice; nevertheless, where speed, perception, or line‑of‑sight are contested, expert analysis can be outcome‑determinative.

31. How often do you take cases to trial instead of settling?

Most matters settle after suit is filed and discovery clarifies risk; however, we try cases when carriers remain unreasonable. Filing suit in the majority of cases signals readiness and frequently leads to fair resolutions. You deserve experienced lawyers, and we are proud to employ twelve lawyers that are certified by the Supreme Court of New Jersey as Civil Trial Lawyers. Only 2% of all New Jersey lawyers are civil certified because the requirements are quite stringent.

H. Communication & Team

32. What will you personally handle versus what gets handed to staff?

Partners and senior litigators drive case strategy, depositions, motion practice, and negotiation. Our assigned staff, such as your assigned case manager, are valuable members of your legal care team. They are responsible for records collection, scheduling, litigation management, communications with you and the courts, and logistics to keep costs efficient. You benefit from a trial‑focused team structure without sacrificing client access and communication.

33. How often will you update me, and how fast is your response time?

You receive proactive updates at key litigation milestones and prompt responses as questions arise. Our goal is for you to understand the plan, the timeline, and your options at every step. You can call us as much as you wish because we do not charge clients by units of time. We consider ourselves an educational law firm and we will not talk down to you. Rather we aspire to educate you so that you can make the right decisions regarding your medical care and legal case. We often say you worry about healing your injuries, and we will worry about your case.

34. What are red flags in my case that you think we could address now?

Treatment gaps, inconsistent symptom reporting, and delayed diagnostics. If pain escalates or new symptoms emerge (numbness, tingling, weakness), return for care immediately and document every affected body part. Early, complete records reduce defense arguments.

I. Fees, Contingency & Costs

35. Fees, contingency, and costs

We work on a contingency fee that is regulated by New Jersey Court Rule 1:21-7 or as authorized by the New York Court of Appeals. You do not pay a legal fee unless we recover money for you. Case costs (records, experts, filing fees) are advanced by the firm and reimbursed from the gross recovery before calculating the fee, all consistent with New Jersey court rules. New York cases usually calculate the legal fee from the gross settlement. We also address medical liens for unpaid medical expenses, so your net recovery is protected as best as possible.

J. Differentiation & Client Guidance

36. If you were in my exact situation and this was your case, what would you do differently than other lawyers?

I would reassure you that you contacted the right place. You deserve to hire for your motorcycle collision case a Certified Civil Trial Attorney with a deep motorcycle docket, published consumer guides, and a firm that prepares each case for trial from day one. That combination produces leverage at the table and credibility in the courtroom.

37. What is the biggest mistake people in my position usually make?

Talking to insurance adjuster. They are not here to help you. They seek only to learn information that can be used to diminish or deny your claim. Do not be fooled by them. Delaying care; failing to consistently document symptoms; and accepting quick, inadequate offers. Your medical story drives valuation. Treat promptly, follow through, and let us build the record before discussing settlement numbers.

38. What part of my case scares you, if any?

Nothing about a well‑prepared motorcycle case scares us. As lawyers certified by the Supreme Court of New Jersey as Civil Trial Attorneys we understand the New Jersey Rules of Court, New Jersey statutes and laws, and we are not afraid to go to trial. However, our clients need to be concerned about potential jurors being prejudiced against bikers and motorcyclists. We try to flush that out during jury selection.

39. 10 Reasons Why I should hire Davis, Saperstein & Salomon, P.C.?

Here’s why:

1. Over 98% of our clients win a settlement or verdict.
2. Over $1 Billion recovered for clients.
3. Represented over 35,000 people.
4. 40+ years of experience.
5. Contingency fee-basis – you only pay legal fees if we win your case.
6. Most of our New Jersey personal injury partners are certified by the Supreme Court of New Jersey as Civil Trial Attorneys.
7. We have secured some of the largest settlements in NJ over the last few years.
8. We have successfully litigated cases against GEICO, Allstate, State Farm, New Jersey Manufacturers, NJM, Liberty Mutual, Progressive, Palisades, High Point, USAA Travelers, Selective and those insurance carriers insuring UBER and LYFT.
9. All consultations, second opinions, facetime calls, are confidential, free and we will tell you the honest truth about your case.
10. We often have lawyers or staff that can speak your language whether it is Spanish, Korean, Polish, Italian, Albanian, Portuguese and other languages, Davis, Saperstein & Salomon, P.C. is here for you