One of the most important differences between motorcycle accidents and ordinary automobile accidents involves New York’s No-Fault insurance system.
Motorcycle operators and passengers are excluded from New York No-Fault benefits. The New York Department of Financial Services specifically states that people injured while operating or riding as passengers on motorcycles are excluded from No-Fault benefits and may sue the responsible party from the first dollar of loss.
This can make obtaining compensation from the responsible driver’s insurance coverage particularly important after a motorcycle crash.
If you have been injured in a motorcycle accident, do not assume that the insurance process will work the same way it would after a typical car accident.
Motorcyclists do not have the same physical protection as people inside passenger vehicles. Even when a rider wears appropriate protective equipment, a collision can result in significant injuries.
Common motorcycle accident injuries include:
Some injuries require extensive rehabilitation or prevent a person from returning to the same job or activities.
The legal claim should account for the actual impact of the injury, including medical treatment, lost income, future care, and other losses recognized under New York law.
New York’s No-Fault law generally limits lawsuits arising from motor vehicle accidents unless the injured person has suffered a qualifying “serious injury.” The New York Department of Financial Services recognizes the serious injury provisions of Insurance Law § 5102.
Motorcycle riders have an important distinction because they are excluded from No-Fault benefits. This means motorcycle accident claims should be evaluated under the rules that apply specifically to motorcycles rather than simply applying the standard passenger-vehicle No-Fault analysis.
An attorney can review the injuries, medical records, accident circumstances, and applicable insurance coverage to determine what claims may be available.
New York requires residents who operate motorcycles to have a Class M or Class MJ license or learner permit.
New York law also requires motorcycle operators and passengers to wear protective helmets that meet applicable federal safety standards.
These requirements can become relevant after an accident because insurance companies may examine whether the rider was properly licensed or complying with applicable safety laws.
However, an allegation that a motorcyclist violated a traffic or safety rule does not automatically determine who was responsible for the collision. Liability depends on the evidence and applicable law.
Generally, no. New York excludes motorcycle operators and passengers from No-Fault benefits. The New York Department of Financial Services states that injured motorcycle operators and passengers may sue the responsible party from the first dollar of loss.
Because motorcycle insurance claims operate differently from ordinary automobile claims, speaking with an attorney can help you understand what coverage and legal remedies may be available.
Failing to see a motorcycle does not necessarily excuse a driver’s conduct.
An investigation can examine whether the driver failed to yield, changed lanes improperly, turned across the motorcycle’s path, was distracted, or otherwise violated a traffic rule.
New York law requires motorcycle operators and passengers to wear compliant protective helmets.
The effect of helmet use on a particular personal injury claim can depend on the circumstances, the injuries involved, and the applicable law. An attorney can evaluate the issue as part of the overall claim.
Additional insurance options may be available, depending on the policies involved and the circumstances of the accident. An attorney can review the available coverage and determine what claims may be pursued.
A claim may seek compensation for legally recoverable losses such as medical expenses, lost income, property damage, rehabilitation expenses, and pain and suffering.
The damages available depend on the facts of the accident, the injuries, and the applicable New York law.
You should understand your rights before providing a recorded statement to an opposing insurance company.
Insurance companies may use statements obtained during an investigation when evaluating a claim. Speaking with an attorney first can help you understand what information you are required to provide and how to protect your interests.
You are not legally required to hire an attorney. However, motorcycle accident claims can involve serious injuries, disputed liability, unique insurance rules, comparative negligence, and substantial financial losses.
An attorney can investigate the accident, communicate with insurers, evaluate your claim, and represent you if litigation becomes necessary.
The information on this page is provided for general informational purposes only and is not legal advice. Reading this page or contacting LoTempio P.C. Law Group does not create an attorney-client relationship. New York motorcycle accident laws can involve statutes, insurance requirements, deadlines, and legal exceptions that depend on the circumstances of the particular matter. You should consult a qualified attorney regarding your specific situation.