A motorcycle accident in New York can turn an ordinary ride into a life-changing event in seconds. Riders on the Kensington Expressway, the I-90, or a quiet road in Erie County have almost no protection in a crash, and the legal rules that apply to motorcyclists in New York are different from those that apply to drivers.
What you do in the minutes, days, and weeks after a motorcycle crash can determine whether you recover full compensation or get stuck paying for someone else’s negligence. Here are the exact steps every injured rider in New York should take.
7 Steps to Take After a Motorcycle Crash in New York
The moments right after a motorcycle crash are chaotic, but what you do at the scene and in the days that follow often decides the outcome of your injury claim. If your injuries allow, follow these six steps to protect your health and your right to compensation.
1. Call 911 and Report the Crash
Your first priority is your health. If you can move safely, get yourself and your motorcycle out of the roadway. Then call 911, even if the crash seems minor.
A police response creates an official accident report that can become important evidence in a New York motorcycle accident claim. Officers may document the scene, interview drivers and witnesses, record observations, and issue citations. Do not agree to simply “handle it privately” with the other driver. A police report can help preserve an early record of what happened, although other evidence such as photographs, video, witness testimony, and physical evidence may also be important.
2. Document the Accident Scene
If you are able, use your phone to photograph everything before vehicles move. Capture the cars involved, your motorcycle, skid marks, debris, traffic signs, road conditions, and your visible injuries.
Get the other driver’s name, license number, insurance details, and plate number. If anyone witnessed the crash, ask for their names and phone numbers. Witnesses disappear quickly, and their statements can make or break a disputed motorcycle accident case.
3. Watch What You Say
Adrenaline pushes many riders to say “I’m fine” or even apologize at the scene. Don’t. Anything you say can be repeated to an insurance adjuster later and twisted into an admission of fault or proof that you weren’t seriously hurt. Stick to the facts when speaking with police, and never speculate about who caused the accident.
4. Get Medical Care Immediately
Get medical attention as soon as possible after a motorcycle crash, even if you initially feel okay. Some injuries may not be immediately obvious, and symptoms from certain head, neck, or soft-tissue injuries can develop or become more noticeable later. Prompt medical care protects your health and creates records documenting the connection between your injuries and the crash. Gaps in treatment are one of the first things adjusters use to devalue claims, a tactic we cover in our article on why immediate medical care after a crash can save your claim.
5. File Your MV-104 Report With the New York DMV
New York law requires you to file a Report of Motor Vehicle Accident (Form MV-104) with the DMV within 10 days if anyone was injured or killed, or if property damage exceeds $1,000. Failing to file can result in license suspension. You can find the form and filing instructions on the New York DMV website.
6. Be Careful With Insurance Companies
Notify your own insurer promptly, but consider speaking with a lawyer before giving a recorded statement to the other driver’s insurance company. Adjusters may seek information that could later be used to dispute fault or the extent of your injuries. Be especially cautious about accepting an early settlement before you understand your medical prognosis and total losses. Once a settlement is finalized and the required release is signed, you generally cannot seek additional compensation for the same claim.
7. Stay Off Social Media
Insurance companies routinely monitor the social media accounts of accident victims, looking for anything that contradicts your injury claim. A photo from a family barbecue or a cheerful status update can be taken out of context and used to argue that you aren’t really hurt, even if you spent that entire event in pain.
While your claim is pending, don’t post about the accident, your injuries, or your activities. Ask friends and family not to tag you, and tighten your privacy settings. The safest post is the one you never make.
When to Contact a New York Motorcycle Accident Attorney
The sooner, the better. Evidence can disappear, witnesses’ memories can fade, and New York’s statute of limitations generally gives you three years from the date of an accident to file a personal injury lawsuit. If a government agency, government vehicle, or potentially defective roadway is involved, additional notice requirements and shorter deadlines may apply. For example, claims against many New York municipalities require a notice of claim within 90 days.
A New York motorcycle accident lawyer can preserve evidence, communicate with insurance companies, investigate how the crash happened, address disputes over rider fault, and build a claim for your medical expenses, lost income, pain and suffering, and other losses.
How Motorcycle Accident Claims Are Different in New York
New York treats injured motorcyclists differently than injured drivers, and those differences shape your entire claim. Understanding them early helps you avoid the mistakes that cost riders across Buffalo, Rochester, and the rest of Western New York real money every year.
No-Fault Insurance Does Not Cover Motorcyclists
Here’s what surprises many riders: New York’s no-fault system generally does not provide first-party benefits to the operator or passenger of a motorcycle. New York’s Department of Financial Services specifically states that motorcycle operators and passengers are excluded from no-fault benefits and may sue from the first dollar of loss.
That means an injured motorcycle rider generally cannot rely on no-fault benefits to pay medical bills or lost wages after a crash. It also means the serious-injury threshold that ordinarily applies to covered people under New York’s no-fault system generally does not apply to a conventional motorcycle rider pursuing a claim against an at-fault motorist.
There are exceptions involving certain limited-use motorcycles and other vehicle classifications, so the exact type of motorcycle involved can matter. Health insurance, available motorcycle-related coverage, and the at-fault driver’s liability insurance may all play a role in paying accident-related expenses.
Insurance Disputes and Motorcycle Rider Fault
Insurance companies may argue that a motorcycle rider contributed to a crash, particularly when the circumstances are disputed. New York generally applies pure comparative negligence to personal injury claims outside the no-fault restrictions, so a rider’s recovery can be reduced by the percentage of fault attributed to the rider. A rider who is found 30 percent at fault, for example, could have a damages award reduced by 30 percent.
That makes evidence especially important. Photographs, witness statements, traffic-camera or surveillance footage, vehicle damage, police records, and other evidence can help establish who had the right of way and how the collision occurred.
New York’s Helmet Law and How it Affects Your Claim
New York helmet law requires motorcycle operators and passengers to wear protective helmets that meet federal safety standards. If you were not wearing a helmet, you may still have a personal injury claim against a driver whose negligence caused the crash. However, the other side may argue that a helmet would have prevented or reduced some of your injuries.
That issue is not simply the same as assigning you a percentage of fault for causing the collision. New York courts have treated helmet nonuse as relevant to the extent of damages, with the defendant bearing the burden of establishing that wearing a helmet would have prevented or reduced the claimed injuries.
Hiller Comerford Injury & Disability Law Can Help After a Motorcycle Accident
At Hiller Comerford Injury & Disability Law, our personal injury lawyers in New York have helped injured riders and their families recover millions after serious accidents statewide. With offices in Buffalo, Amherst, Williamsville, Orchard Park, and Rochester, we’re close to home wherever your crash happened.
Call us or fill out our online form today for a free consultation with a motorcycle accident lawyer near you.
Frequently Asked Questions
Injured riders across New York ask us many of the same questions after a crash. Here are quick answers to the most common ones.
Does New York’s no-fault insurance cover motorcycle riders?
No. Motorcycles are excluded from New York’s no-fault system. You can’t collect no-fault benefits for medical bills or lost wages, but you also aren’t limited by the serious injury threshold, so you can sue the at-fault driver directly for all your damages.
How long do I have to file a motorcycle accident lawsuit in New York?
For most New York motorcycle accident personal injury claims based on negligence, you generally have three years from the date of the accident to file a lawsuit. Claims against a city, county, town, village, or other public entity can involve a 90-day notice-of-claim requirement and different filing deadlines, so prompt legal advice is important.
Can I recover compensation if I was partly at fault for the crash?
Yes, in a typical motorcycle personal injury claim, New York’s pure comparative negligence rule allows you to recover even if you were partly responsible for the crash. Your damages are reduced in proportion to your share of fault.
What happens if I wasn’t wearing a helmet? Do I still have a claim?
You can still bring a claim if another party’s negligence caused the crash. New York requires motorcycle riders and passengers to wear compliant helmets, but failing to wear one does not automatically eliminate your claim. The opposing party may argue that helmet use would have prevented or reduced particular injuries, and must support that argument with evidence.
How much does it cost to hire a motorcycle accident lawyer in New York?
Nothing upfront. At Hiller Comerford Injury & Disability Law, we handle motorcycle accident cases on contingency, so our fee comes out of the recovery we secure for you. If we don’t win, you owe us nothing.