Riders get blamed first. We start from the evidence. That's the short version of how our firm works as a motorcycle accident lawyer in Rosedale. The driver says you came out of nowhere. The adjuster asks how fast you were really going. The report has a line about "excessive speed" that nobody measured. We've seen it all before, and we don't accept any of it until the evidence says so.
Yakov Mushiyev & Associates is based at 1 Cross Island Plaza in Rosedale, close to where the Belt, Laurelton and Cross Island Parkways meet. We represent riders hurt by careless drivers across southeast Queens and the Nassau line. Here's what we do, how your bills get paid while the case is open, and what you should know before you talk to anyone's insurance company.
What we believe about motorcycle cases
A few things we hold to, case after case:
- A rider is a driver. You have the same right to the lane as the SUV that turned across it. The law treats you that way, and so do we.
- "I didn't see him" is not a defense. It's usually an admission that the driver didn't look. Under Vehicle and Traffic Law § 1141, a driver turning left has to yield to oncoming traffic that's in the intersection or close enough to be an immediate hazard. That includes a motorcycle.
- Stereotypes don't belong in a claim file. Insurers count on jurors and adjusters picturing a reckless biker. We replace that picture with facts: where you were, how fast, what you were wearing and what the other driver did.
- You shouldn't skip treatment because of money. Riders fall outside New York's no-fault system for their own injuries. That gap is real, and lining up a way to pay for care is one of the first things we do.
If you want the longer rider-to-rider walkthrough of bias, helmets and the first week after a crash, read our full guide for Rosedale riders. This page is about what happens when you hire us.
What we do for riders
We lock down the evidence before it's gone
We collect the police report, track down witnesses and request video from businesses, homes and traffic-facing cameras before it's recorded over. If you ride with a helmet camera, we secure the original file. We document the bike and your gear as they are, because damage patterns and scuff marks show angles and impact points better than anyone's memory. When speed or position is disputed, we work with reconstruction professionals who know how motorcycles move, brake and fall.
We take the insurance calls
Once you hire us, the other driver's insurer talks to us, not you. No recorded statements, no "quick questions" designed to get you to guess at your speed. If you're not sure what's safe to say, our post on recorded statements to insurance companies explains why we handle these calls.
We find every source of coverage
A serious motorcycle injury can outrun a single insurance policy quickly. We look at the at-fault driver's policy, any vehicle owner's policy, your own motorcycle and auto policies, your health plan and, if you were working, workers' compensation. More on that below.
We answer the helmet and fault arguments
New York requires riders to wear a helmet that meets the federal safety standard. If the defense says a helmet issue made your injuries worse, that argument generally goes to the value of the head-injury part of the claim, not to whether the driver caused the crash. We address it head-on. Our post on the arguments insurers make against Queens riders lays out the usual lines.
We value the whole loss
Motorcycle injuries often mean surgery, long rehab and months off work. We build the claim around your medical future, your income and how the injury changes your daily life, not just the bills so far. Then we negotiate with every responsible insurer, and if they won't pay fair value, we file suit, generally in Queens County Supreme Court in Jamaica, and prepare for trial.
How the bills get paid: your coverage, source by source
This is where riders get blindsided. Here's how the money usually works in a New York motorcycle case, and what we do with each piece.
The no-fault exclusion
If you're hurt in a car, no-fault pays your medical bills and part of your lost wages no matter who caused the crash. On a motorcycle, it generally doesn't. Insurance Law § 5102(f) defines "motor vehicle" for no-fault purposes and specifically leaves out motorcycles. So there's no monthly no-fault check for a rider's own injuries. We plan around that from day one.
There's a flip side. Because riders sit outside no-fault, courts have generally held that injured motorcyclists don't have to clear the "serious injury" threshold to sue the at-fault driver for pain and suffering. Car occupants do. Your case will usually turn on fault and damages rather than on that statutory bar, though every case should be reviewed on its own facts.
Health insurance
For most riders, a health plan is the first line for treatment while the claim is open. Many plans, along with Medicaid and Medicare, have a right to be repaid from a settlement. We track those liens from the start and work to reduce them at the end, so more of the recovery stays with you. Our guide to negotiating medical liens explains how that process works.
The at-fault driver's bodily injury coverage
The other driver's liability policy is the main source of compensation for your pain and suffering, lost earnings and medical costs. It generally pays at settlement or verdict, not as bills arrive. We identify the policy, its limits and any other policies that may apply, such as the vehicle owner's coverage if someone else's car was being driven.
Your own UM and SUM coverage
Plenty of drivers carry low limits, and some carry none. Uninsured motorist (UM) coverage can step in when the driver has no insurance or drove off. Supplementary uninsured/underinsured motorist (SUM) coverage, which you can choose under Insurance Law § 3420(f)(2), can pay above what the at-fault driver's policy covers, generally up to your own bodily injury limits. These claims come with policy notice deadlines, so we notify your insurer promptly. For more, see our guide to uninsured and underinsured motorist claims in New York.
Other sources
Some motorcycle policies include optional medical payments coverage, so we check your declarations page. If you were riding for work, workers' compensation may pay medical bills and part of your wages, and you may still have a separate claim against the driver who hit you. Property damage to the bike and your gear is generally claimed against the at-fault driver's property coverage, or through your own collision coverage if you carry it.
Where riders get hurt around Rosedale
You know these roads. So do we. Our office sits near the same tangle of highways and boulevards you ride every week.
Brookville Boulevard crosses Route 27 at the edge of Brookville Park, where the road splits into Sunrise Highway westbound and South Conduit Avenue eastbound. Split roadways like this mean extra turning movements, U-turns and drivers looking for gaps in fast traffic, which is exactly where a rider gets cut off. When a crash happens at a crossing like this, we look at signal timing, sight lines across the median and which cameras face the intersection.
Rosedale also sits on the Nassau County line. A crash on the Valley Stream side, or on a road maintained by a county or state agency, can involve different rules and deadlines. A claim involving a city vehicle or a city road defect generally requires a notice of claim within 90 days. We sort out who owns the road early.
A riding-season note
Every spring, bikes come back out across Queens and Long Island, and drivers who haven't watched for motorcycles all winter have to relearn it. Early-season roads can also carry leftover sand, gravel and potholes from winter. None of that excuses a careless driver, and none of it makes a crash your fault. But it does mean the early weeks of the season deserve extra caution: cover your brake through intersections, watch the front wheels of cars waiting to turn and give yourself room to be seen.
If you went down anyway, here's the practical part: keep the gear, photograph the bike before it's repaired, write down where you were in the lane and get checked out even if you feel fine. Then call us.
Fault in 2026: where riders stand
New York changed its fault rule in 2026. Under the amended CPLR 1411(b), in personal injury suits covered by Insurance Law article 51, a plaintiff who is more at fault than the defendants combined generally recovers nothing. Whether that rule reaches injured motorcyclists is unsettled, because article 51's definition of "motor vehicle" excludes motorcycles. There's a real argument that riders keep the older rule, where your recovery is reduced by your share of fault but not wiped out. Insurers will argue the opposite.
We're not going to pretend the question is closed. What we can tell you is that in either case, the evidence on speed, lane position and visibility matters more than ever, and that's where we spend our effort. One more 2026 change: non-economic damages are generally capped at $100,000 for anyone who was driving uninsured (a lapse of 30 days or more), or convicted of impaired driving or of a felony tied to the crash. Keep your bike insured and registered.
Motorcycle accident lawyer Rosedale FAQ
Do I have to pay anything to hire you?
No. The consultation is free, and we charge no fee unless we win. We'll meet you at our office, by video, at home or in the hospital.
The police report says I was speeding. Is my case over?
No. An officer who arrived after the crash usually didn't see it happen. A report is one piece of evidence, and it can be challenged with video, witnesses, the physical evidence and reconstruction.
How long do I have to file?
Most negligence lawsuits in New York generally must be filed within three years. Claims involving a city vehicle or city property generally need a notice of claim within 90 days. UM and SUM claims have their own policy deadlines. Don't wait on any of them.
I was riding a moped or e-bike, not a motorcycle. Can you help?
Yes. The rules differ by vehicle class, so see our Rosedale scooter and e-bike accident page.
For more, visit our motorcycle accident practice area, our page for riders in neighboring Laurelton or our Rosedale accident lawyer hub. If you were in a car when you were hit, our Rosedale car accident page covers how those claims work.
Ride with a Rosedale firm that has your back
Yakov Mushiyev & Associates has recovered over $80 million for injured clients. Yakov Mushiyev is a former head litigation attorney who grew up in Queens, and our Rosedale office at 1 Cross Island Plaza is right on the roads you ride. We offer free consultations in English, Russian and Spanish, at our office, by video, at home or in the hospital, and we charge no fee unless we win.
Call 718.775.3110 or contact us online and tell us what happened. We'll start with the evidence.
This article is general information, not legal advice. Every case is different, and prior results do not guarantee a similar outcome. Attorney Advertising.