New York’s No-Fault insurance system does not generally cover motorcycle riders or passengers. Unlike people injured while occupying a covered motor vehicle, motorcycle riders do not receive No-Fault benefits for their own injuries after a crash. That changes how medical bills, lost income, and compensation are handled after a motorcycle accident in New York.
Because motorcycles are excluded from New York’s No-Fault definition of “motor vehicle,” an injured rider may pursue a claim against the at-fault driver without having to satisfy the No-Fault serious injury threshold that applies to covered persons.
If you were injured in a crash, a New York motorcycle accident lawyer at Hiller Comerford can help you determine what insurance coverage and legal claims may apply.
What Is No-Fault Insurance in New York?
New York’s No-Fault law, found in Article 51 of the Insurance Law, provides first-party benefits for covered people injured in motor vehicle accidents. Basic economic loss generally includes medical expenses and lost earnings, subject to statutory limits.
No-Fault also limits when a covered person can recover non-economic damages such as pain and suffering from another covered person. Generally, the injury must meet the statutory “serious injury” threshold in Insurance Law § 5102(d).
Motorcycles are specifically excluded from the Article 51 definition of “motor vehicle,” so motorcycle riders and passengers generally fall outside this No-Fault system.
Why Are Motorcycles Excluded From New York No-Fault Insurance?
Insurance Law § 5102(f) expressly excludes motorcycles from the definition of “motor vehicle” for purposes of New York’s No-Fault law. Section 5103 also excludes motorcycle occupants from the first-party benefits available under the ordinary No-Fault system.
This means an injured motorcycle rider generally cannot file a No-Fault claim to have their own medical expenses and lost earnings paid through the standard PIP system.
There is an important distinction, however. A motorcycle insurance policy can provide certain first-party benefits to people other than motorcycle occupants, such as a pedestrian injured by the motorcycle. That does not mean the rider or passenger receives No-Fault coverage.
What Happens When a Motorcycle Accident Is Not Covered by No-Fault?
Without No-Fault benefits for the rider, an injured motorcyclist must look to other sources of coverage and compensation.
Your options may include:
- Health insurance: Your health plan may cover accident-related medical treatment, subject to its terms and any reimbursement rights.
- Medical Payments coverage: If your motorcycle policy includes MedPay or another applicable medical-payments benefit, it may help cover medical expenses.
- The at-fault driver’s liability insurance: A negligent driver’s bodily injury liability coverage may provide compensation for your injuries and losses.
- Uninsured or underinsured motorist coverage: UM or SUM coverage may apply when the at-fault driver has no insurance or insufficient coverage.
- MVAIC: If an uninsured or hit-and-run driver caused the crash and no applicable insurance is available, the Motor Vehicle Accident Indemnification Corporation may provide another potential source of recovery.
The available coverage depends on the policies, vehicles, drivers, and circumstances involved in the crash.
Can a Motorcyclist Sue Without Proving a Serious Injury in New York?
Generally, yes. Because ordinary motorcycles are excluded from New York’s No-Fault system, an injured motorcycle rider is generally not a “covered person” subject to the Article 51 serious injury threshold when pursuing a claim against a negligent driver. New York courts have recognized this distinction for motorcycle riders, although the classification of certain limited-use motorcycles can affect the analysis.
That means an injured rider generally does not have to prove one of the statutory serious injury categories simply to pursue non-economic damages such as pain and suffering.
The severity of the injury still matters. It can significantly affect the value of the claim and the damages available.
What Compensation Can You Recover After a New York Motorcycle Accident?
Depending on the circumstances, an injured motorcyclist may seek compensation for:
- Medical expenses and future medical care
- Lost wages and reduced future earning capacity
- Pain and suffering
- Physical impairment and disability
- Emotional distress
- Property damage
- Other economic losses caused by the accident
The amount of compensation depends on the injuries, financial losses, available insurance coverage, and evidence establishing who was at fault.
What Insurance Covers a Motorcycle Accident in New York?
New York requires motorcycle owners to carry liability insurance, but the required liability coverage is separate from No-Fault benefits for the rider. If another driver caused the crash, that driver’s bodily injury liability policy may provide compensation for the injured motorcyclist.
UM and SUM coverage can also be important. New York law provides for uninsured motorist protection and allows supplementary uninsured/underinsured motorist coverage subject to the applicable policy and statutory requirements.
Because motorcycle injuries can exceed the at-fault driver’s policy limits, reviewing every potentially applicable policy is important before accepting a settlement.
Does Comparative Fault Affect a New York Motorcycle Accident Claim?
Yes. An insurer may argue that the motorcyclist was partly responsible for the crash, for example by alleging speeding, unsafe lane changes, or another traffic violation. Under New York’s comparative fault rules, a claimant’s recovery can be reduced based on their share of fault, subject to the rules that apply to the particular action.
New York changed its comparative-fault rules for certain motor vehicle actions beginning May 26, 2026. The new modified rule applies to actions subject to Insurance Law Article 51. Because ordinary motorcycles are excluded from Article 51’s definition of “motor vehicle,” the effect of the amendment on a particular motorcycle claim requires careful analysis rather than assuming the new 51% bar applies.
A helmet violation is a separate issue. New York’s helmet requirement does not automatically eliminate a motorcycle injury claim, although evidence concerning helmet use may affect issues of causation and damages.
What Is the Deadline to File a Motorcycle Accident Claim in New York?
A motorcycle accident lawsuit for personal injuries generally has a three-year statute of limitations under CPLR § 214(5). Wrongful death claims generally have a two-year deadline.
Shorter deadlines can apply when a government entity is involved, and UM or SUM policies can impose their own notice requirements. MVAIC claims also have specific reporting and notice requirements.
Because missing a notice or filing deadline can jeopardize a claim, an injured rider should review the applicable deadlines as soon as possible.
A New York Motorcycle Accident Lawyer at Hiller Comerford Can Help
A motorcycle accident claim often requires a detailed investigation because there is no No-Fault claim paying the rider’s basic economic losses while the liability case develops.
Hiller Comerford Injury & Disability Law can investigate the crash, obtain police and medical records, identify available insurance coverage, evaluate UM and SUM benefits, and pursue the claim against the responsible driver or other parties. We also examine comparative-fault allegations, medical evidence, lost income, future damages, and any applicable insurance liens. If an insurer will not offer fair compensation, we prepare your case for litigation.
We are ready to discuss your case in a free consultation. There are no upfront fees, and you pay no attorney fee unless we recover compensation for you.
Frequently Asked Questions
Here are answers to some of the most common questions New York motorcycle riders ask when they contact our law firm.
Does No-Fault insurance cover motorcycle accidents in New York?
No. New York’s No-Fault law generally excludes motorcycle riders and passengers from first-party No-Fault benefits. Motorcycles are excluded from the statutory definition of “motor vehicle” for Article 51 purposes.
Who pays my medical bills after a motorcycle accident in New York?
Medical bills may be covered through health insurance, applicable Medical Payments coverage, or other available benefits. The at-fault driver’s liability insurance generally pays through a bodily injury claim rather than No-Fault.
Do motorcyclists have to prove a serious injury to sue in New York?
Generally, no. Because ordinary motorcycle riders are outside New York’s No-Fault system, the Article 51 serious injury threshold generally does not bar their claims for pain and suffering. Certain limited-use motorcycles can require a different analysis.
What insurance can pay after a motorcycle accident in New York?
Potential sources include the at-fault driver’s liability insurance, your own UM or SUM coverage, applicable Medical Payments coverage, health insurance, and MVAIC when its requirements are met.
Can I recover compensation if I was partly at fault for a motorcycle accident?
Potentially. New York’s comparative fault rules can reduce a recovery based on the rider’s share of fault. The specific comparative-fault rule that applies can depend on the type of claim and whether the action falls within Insurance Law Article 51.
What happens if the driver who hit my motorcycle has no insurance?
You may be able to pursue uninsured motorist coverage under an applicable policy. If no applicable UM coverage exists, MVAIC may provide another potential source of compensation if its requirements are satisfied.
What happens if I was not wearing a motorcycle helmet?
Not wearing a required helmet does not automatically bar a motorcycle accident claim. The issue may become relevant to causation and damages, particularly if the claimed injuries involve the head or brain.
How long do I have to file a motorcycle accident lawsuit in New York?
A personal injury lawsuit generally must be filed within three years of the accident under CPLR § 214(5), but shorter deadlines can apply to claims involving government entities or particular insurance policies. UM, SUM, and MVAIC claims can also have separate notice requirements.