Motorcycle Accident Lawyer in New York

Who pays after a motorcycle accident in New York?

New York's no fault system is built around auto insurance, and a standalone motorcycle policy does not automatically include no fault medical coverage the way a car policy does under Insurance Law 5102 and 5103. Some riders purchase optional no fault coverage on their motorcycle policy; where that coverage does not exist, a household member's auto policy often provides it, since New York's no fault coverage extends to resident relatives.

This gap catches riders off guard, and identifying an available source of no fault coverage is one of the first things we do. Where no policy applies, health insurance becomes the primary source for treatment, with its liens addressed when the case resolves.

Whether you can sue for pain and suffering depends on the serious injury threshold under Insurance Law 5102(d): a fracture, permanent loss of use, permanent consequential limitation, or significant limitation of use. For lawsuits filed on or after May 26, 2026, the old 90 of 180 day category no longer applies. Motorcycle injuries, road rash requiring grafts, complex fractures, joint reconstructions, routinely clear this threshold because a rider has no protection from the impact.

Insurance Law 5106 requires a no fault claim to be paid or denied within 30 days. We make sure the no fault paperwork, wherever the coverage comes from, is filed correctly and on time so treatment is not delayed.

How much is a New York motorcycle accident claim worth?

The value of a claim is the sum of what the crash took from you. Economic damages are the measurable losses above whatever no fault paid: emergency and surgical care, rehabilitation, future procedures, lost wages and benefits, reduced earning capacity, and out of pocket costs. Non economic damages cover pain, scarring, the loss of activities you can no longer do and, for a rider who can no longer ride, a real loss courts recognize as part of loss of enjoyment of life.

A rider has no crumple zone, no airbag and no door frame. Even a moderate impact routinely causes fractures of the legs, pelvis, wrists and collarbone, road rash deep enough to require skin grafts, traumatic brain injury and spinal injury. Multiple surgeries and months away from work are common. Property damage to the bike and destroyed gear, helmets, jackets, boots, is recoverable separately at replacement cost.

The serious injury threshold and available insurance both cap value in practice. A minimum liability policy pays its limit no matter how badly you were hurt, which is why we search for every additional source: the vehicle owner's policy, an employer's policy if the driver was working, and any uninsured or underinsured motorist coverage that applies.

We do not quote a number on the first call. We document your injuries, your gear and your riding record, gather the evidence that answers the bias against riders, and, when your doctors can describe your future, put a demand on paper backed by evidence. Past results do not guarantee a similar outcome. Each case is decided on its own facts.

What if the insurance company denies or lowballs your claim?

Expect the bias to show up in the offer. Adjusters lean on the assumption that a rider was speeding or lane splitting, even where the physical evidence says the other driver simply did not look. Each of those arguments has an answer, and the answer is evidence gathered early.

On fault, for lawsuits filed on or after May 26, 2026, New York applies modified comparative negligence to motor vehicle injury claims under CPLR 1411: your recovery is reduced by your percentage of fault, and if you are found more at fault than the other side you can be barred. A recorded statement in the first days, where a casual sentence becomes a fault argument, is exactly what an adjuster wants from a rider. Do not give it. We handle every call.

We answer the bias with the evidence that defeats any fault argument, and we document who you are: a clean license with proper endorsements, a helmet and protective gear, and a well maintained bike are not the caricature the insurer wants to present, and that picture matters when a case is valued or tried.

On the threshold, the insurer's own doctor will often argue your injury is not as serious as your treating physicians say. We answer with objective imaging and, where needed, a report tying the injury to the crash directly.

If the insurer will not pay a fair number once treatment is complete, we file suit. Riders make sympathetic plaintiffs when the story is told honestly with real evidence, and we tell it that way.

How long do you have to file a motorcycle accident claim in New York?

New York gives you three years from the date of the crash to file a personal injury lawsuit under CPLR 214. A wrongful death action must be brought within two years of the death under EPTL 5-4.1.

If a public entity was involved, a notice of claim is due within 90 days under GML 50-e, and suit generally cannot be filed until 30 days after that notice.

No fault claims, wherever the coverage comes from, have their own tight deadlines: notice within 30 days of the crash and proof of claim within 45 days. These deadlines are easy for a rider to miss when the coverage is coming from a household relative's policy rather than one in their own name, which is another reason to call early.

What should you do in the first 72 hours after a New York motorcycle crash?

Get checked by a doctor the same day, even if you feel more shaken than hurt. Road rash and fractures are obvious, but internal injuries and concussions are not, and New York's no fault system rewards prompt, documented treatment.

Make sure a police report exists and get the report number. Photograph both vehicles, your bike, the road, skid marks, debris, your visible injuries and gear damage before anything is moved or repaired.

Do not let the bike be repaired or scrapped, and do not discard damaged gear; both are evidence of impact and of your property loss. Look for cameras before you leave the scene, and tell us where the crash happened so we can send preservation letters immediately.

Notify your own insurer, and any household relative whose auto policy might provide no fault coverage, within 30 days. Do not give a recorded statement to the other driver's insurer. Keep a file of every bill, appointment and missed day of work.

What Your Claim Can Cover

• Road rash, fracture and head injury claims
• Rebutting the assumption that the rider was at fault
• Recovery when no fault coverage does not apply to you
• Uninsured and underinsured motorist claims
• Long term care and lost earning capacity