$465,000 Verdict in Motorcycle Accident Exceeds Defendant's Policy Limit
FRANCKEL & PLEVY, LLP, a renowned motorcycle accident law firm was recognized for obtaining a $465,000 jury verdict in New York State Supreme Court for a motorcyclist who injured his knee tearing his meniscus in a motorcycle accident. The verdict was published in New York Jury Verdict Review & Analysis.
By: FRANCKEL & PLEVY, LLP
For four years, the defendant's insurance company offered $10,000 to settle the claim and refused the plaintiff's offer to arbitrate before a retired Supreme Court judge for an amount not to exceed the defendant's insurance policy limit of $300,000.
The refusal to fairly settle this claim exposed the defendant's income and assets to a potential verdict above his insurance policy limit. Several months before trial, the offer was increased to $20,000. Minutes before the trial started, the claims representative proposed that the insurance company might pay $100,000. The lawyers at FRANCKEL & PLEVY, LLP recommended proceeding with the trial and the plaintiff agreed.
The plaintiff motorcyclist alleged that he had a green light and that the defendant driver failed to yield to oncoming traffic, violating the motorcycle's right-of-way. The defendant denied fault for causing the accident and claimed the motorcyclist ran a red light. At his deposition, the defendant testified flawlessly. However, at trial, the defendant's testimony did not go so well and the jury found the defendant 100% negligent in causing the accident.
The plaintiff returned to work as a plumber and did not claim lost wages. The only claims at trial were for the cost of medical treatment and pain and suffering.
The defendant alleged that the motorcyclist was not injured and did not need the surgery. The defense retained two orthopedic surgeons and a radiologist to testify that the motorcyclist did not have a torn meniscus. The jury found that the plaintiff was injured as a result of the motorcycle accident and sustained damages in the amount of $465,000.
Attorney Philip L. Franckel was quoted as saying, "In the last few years, we have seen a decrease in the willingness of insurance companies to fairly settle claims. The unwillingness to fairly settle legitimate claims coupled with defendants unwilling to admit fault, puts defendants at risk for a jury verdict in excess of their insurance policy. The defendant's refusal to admit fault in this case may have been the reason his insurance company refused to fairly pay the claim. This resulted in our refusal to negotiate and exposed the defendant's income and assets to a verdict above his insurance policy limit."
The verdict was published in New York Jury Verdict Review & Analysis by Jury Verdict Review Publications, Inc. which says they provide "unique trial analysis of effective proofs, techniques and strategies used by the winning attorneys in the reported cases."
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FRANCKEL & PLEVY, LLP a renowned New York law firm, is well known in the motorcycle community for their phone number 1-800-HURT-911®
Philip L. Franckel, Esq. or Robert T. Plevy, Esq.
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