New York Motorcycle Injury Practice
In New York, No-Fault insurance does not cover motorcyclists. No PIP. No $50,000 in automatic medical benefits. If you were hurt on a bike, the only path to paying your bills runs through a liability claim — and the insurance company knows it.
That same exclusion also removes a barrier most crash victims never get past. Here’s how we use it.
UP FRONT COST
CASE REVIEW
BOROUGHS + LONG ISLAND
Tell us what happened. We respond fast, and there’s no cost or obligation.
Almost every New York driver injured in a crash starts the same way: they file a No-Fault application, the carrier pays up to $50,000 in medical bills and lost wages, and then they have to clear the “serious injury” threshold before they can sue for pain and suffering. Motorcyclists live under different rules entirely.
THE DISADVANTAGE
New York Insurance Law § 5102(f) defines a “motor vehicle” for No-Fault purposes in a way that excludes motorcycles. So a rider gets no PIP, no automatic medical coverage, and no wage benefits while the case is pending. Bills go to your health insurance, to a lien, or to collections — starting the week of the crash.
THE LEVERAGE
The threshold in § 5104(a) applies to lawsuits between “covered persons.” Because a motorcyclist is not a covered person under No-Fault, that gatekeeper generally does not apply to the rider’s claim. A broken wrist that would get a driver’s case dismissed can still be a live claim for a rider — and the rider can pursue basic economic loss, including medical bills and lost earnings, directly from the at-fault driver.
This is the single most misunderstood issue in New York motorcycle cases. Adjusters routinely tell injured riders their injuries are “not serious enough.” Often, that argument does not belong in the conversation at all.
Liability in a motorcycle case is usually decided by physics and sightlines, not by who was “reckless.” These are the fact patterns we build cases around across the five boroughs and Long Island.
A driver turns left across your lane and claims they never saw you. Vehicle and Traffic Law § 1141 requires a turning driver to yield to oncoming traffic close enough to be a hazard. This is the most common serious motorcycle crash in the city.
A car drifts into an occupied lane on the BQE, the Cross Bronx, or the LIE. A motorcycle disappears in a blind spot far more completely than a sedan, and the driver’s “I checked my mirror” is a defense we attack with camera footage and event data.
Under VTL § 1214, no one may open a car door into moving traffic unless it is reasonably safe. On Manhattan avenues and Brooklyn commercial strips, a suddenly opened door gives a rider no room and no time.
Potholes, sunken plates, uneven milled pavement, and loose gravel are inconveniences in a car and life-threatening on two wheels. These claims can run against the City, a utility, or a contractor — and they carry much shorter deadlines.
Commercial vehicles have wide blind spots and long stopping distances, and they carry far higher policy limits. These cases overlap with our truck accident practice and demand immediate evidence preservation.
When the driver flees, the claim shifts to your own uninsured motorist coverage and to strict notice requirements. See our hit-and-run page for how those deadlines work.
Defense lawyers have a script for motorcycle cases. It goes: the rider was speeding, the rider was weaving, the rider assumed the risk. Jurors sometimes arrive already believing it. Beating that script is most of the work.
VTL § 381 requires an approved helmet for the operator and any passenger, at every age, along with approved eye protection. If you were not wearing one, you can still recover. New York courts allow the defense to argue that helmet non-use increased head injuries specifically, which can reduce damages attributable to those injuries — it does not bar the claim and it does not touch a broken femur or a shattered pelvis.
New York is a pure comparative negligence state under CPLR § 1411. Even if you are found substantially at fault, your recovery is reduced by your percentage rather than eliminated. There is no 50% cutoff here the way there is in many other states. If an adjuster tells you that you have no case because you share blame, that is a negotiating position, not the law.
Operating between lanes or between adjacent lines of vehicles is prohibited in New York under VTL § 1252. If lane position is disputed, we work from crash reconstruction, damage geometry, and surrounding video rather than accepting the responding officer’s shorthand.
The three-year rule most people have heard of is the longest deadline in the set, not the default. Which one applies depends on who caused the crash.
| Who is responsible | Deadline | Authority |
|---|---|---|
| Private driver or company | 3 years | CPLR § 214(5) |
| City of New York, MTA, NYC DOT | 90 days to file a Notice of Claim, then 1 year and 90 days to sue | GML §§ 50-e, 50-i |
| Muerte injusta | 2 years from date of death | EPTL § 5-4.1 |
| Uninsured or hit-and-run driver | Notice to your own carrier as soon as practicable — often within 90 days by policy | Policy terms |
A pothole case against the City can also require proof of prior written notice under NYC Administrative Code § 7-201(c), which usually means locating the defect on a Big Apple Pothole map filed before your crash. That research takes time. Ninety days goes fast.
New York’s minimum liability coverage is $25,000 per person and $50,000 per accident for bodily injury under Insurance Law § 3420(f). A single helicopter transport and one orthopedic surgery can exhaust that before you leave the hospital. Which is why the first thing we do is stop looking at the one policy the adjuster handed you.
HaddLegal handles motorcycle injury claims across all five boroughs and Long Island, in the courts where these cases are actually tried.
Reviewed for legal accuracy
Written and reviewed by Randy Haddad, Esq. — Founding attorney, HaddLegal. Admitted to practice in New York. Mr. Haddad represents injured New Yorkers in motor vehicle, motorcycle, construction, and premises liability matters in the state courts of Kings, Queens, New York, Bronx, Richmond, Nassau, and Suffolk Counties.
Last updated: September 2026. This page provides general information about New York law and is not legal advice. Reading it does not create an attorney-client relationship. Attorney advertising.
No. New York’s No-Fault system excludes motorcycles, so you receive no PIP medical or wage benefits from your own policy after a crash. Your medical bills go through health insurance or a lien, and you recover them through a liability claim against the at-fault party.
Generally not. The serious injury threshold applies to claims between people covered by No-Fault. Because motorcyclists are not covered persons, that threshold typically does not gate the rider’s claim, and the rider can also pursue basic economic loss such as medical expenses and lost earnings directly.
Usually three years from the crash for a claim against a private driver. If the City of New York, the MTA, or another public entity is responsible, you generally must file a Notice of Claim within 90 days and start suit within one year and 90 days. Wrongful death claims are two years from the date of death.
Your own uninsured motorist coverage may respond, but these policies impose their own prompt notice requirements — frequently much shorter than the three-year statute. Report the crash to police and contact a lawyer quickly so notice is preserved.
Sometimes. New York City generally requires proof it had prior written notice of the specific defect before the crash, which usually means the defect appeared on a Big Apple Pothole map or in a prior complaint. That investigation must begin well inside the 90-day Notice of Claim window.
Nothing up front. Motorcycle injury cases are handled on a contingency fee, so you owe an attorney’s fee only if we obtain a recovery for you. The initial case review is free.
The other driver’s insurer will call fast, and they will ask for a recorded statement. Anything you say can be used to cut your claim. Get a free case review first — there is no fee unless we win.
Escríbeme por mensaje: (347) 320-2534
Oficina (347) 888-9446
Fax: (347) 888-9446
305 Broadway, 7.º piso,
Nueva York, Nueva York 10007
