Just north of New Hyde Park, Lake Success has a remarkable footnote in history: from 1946 to 1951, before its Manhattan headquarters opened, the United Nations held sessions in a converted Sperry Gyroscope plant there. Today the area is better known for office parks, a quiet lake and the roads that riders use to escape onto Long Island: Lakeville Road, Marcus Avenue, Jericho Turnpike and the Northern State Parkway. On spring weekends, New Hyde Park riders head out east toward the North Shore. On weekdays, many commute by motorcycle into Queens.
Every rider knows motorcycles carry physical risk. Fewer realize they carry a unique insurance risk too: New York’s no-fault system, which protects car occupants, generally does not cover motorcyclists. That makes preparation before a crash just as important as what you do after. Here is the playbook a motorcycle accident lawyer in New Hyde Park wishes every rider had.
Part 1: Before the Crash, Build Your Coverage
Understand the no-fault gap
New York’s no-fault benefits pay medical bills and lost wages for people injured in motor vehicle crashes, regardless of fault. But motorcycles are excluded from the no-fault definition of motor vehicle for benefit purposes, so riders and motorcycle passengers generally cannot collect no-fault for their own injuries. If a car hits you, your medical bills are not automatically paid by any auto policy. That gap must be filled by other coverage.
Carry strong health insurance
Health insurance is a rider’s first line of defense for medical bills. Know your deductible, out-of-pocket maximum and network. Your health insurer may later seek reimbursement from a settlement, but it pays bills when you need them.
Consider medical payments coverage
Some motorcycle policies offer optional medical payments coverage, which can help with medical expenses regardless of fault, up to a set amount. Ask your agent.
Buy Supplementary Uninsured/Underinsured Motorist (SUM) coverage
Many drivers carry only New York’s minimum liability coverage of $25,000 per person. If one of them seriously injures you, their policy may not come close to covering your losses. SUM coverage on your motorcycle policy can pay the difference, up to your SUM limit. For riders, SUM is often the single most important coverage to increase.
Carry real liability limits
If you carry passengers, or if you cause a crash, liability coverage protects you and pays others. Minimum limits rarely suffice for serious injuries.
Consider disability insurance
Because no-fault lost-wage benefits generally do not apply to riders, short- and long-term disability insurance, through an employer or privately, can replace income during recovery.
Document your bike and gear
Keep photos, receipts and appraisals for your motorcycle, custom parts, helmet, jacket and other gear.
Part 2: The Ride, Habits That Help Your Case
- Wear a DOT-compliant helmet, as required by New York law (VTL Section 381), and protective gear.
- Ride with headlights on and consider high-visibility gear.
- Use a helmet or handlebar camera.
- Keep your license, registration and insurance current.
- Take a motorcycle safety course and keep the certificate.
These habits protect you physically, and they also counter the “reckless rider” assumptions that insurers sometimes use against motorcyclists.
Part 3: After the Crash, the First 24 Hours
- Call 911. New Hyde Park is in Nassau County; the Nassau County Police Department typically responds, though crashes over the line in Queens draw NYPD.
- Do not remove your helmet if you suspect a neck injury; let EMS do it.
- Photograph the scene, the vehicles, plates, skid marks and road conditions, or ask someone to do it.
- Get the driver’s information and witness contacts.
- Get medical care and use your health insurance.
- Preserve your gear and bike exactly as they are.
- Save camera footage.
- Notify your motorcycle insurer promptly, especially if you may make a SUM claim.
Part 4: The First Month
- File the DMV report (MV-104) within 10 days if there was injury or more than $1,000 in damage.
- Follow your treatment plan and keep every bill and explanation of benefits.
- Document lost work with pay stubs and employer letters.
- Request video from businesses along Jericho Turnpike, Hillside Avenue or New Hyde Park Road.
- Do not give recorded statements to the driver’s insurer before speaking with a lawyer.
- Talk to a lawyer about the claim and your SUM rights.
Part 5: The Claim
Against the at-fault driver
Because motorcyclists are outside the no-fault system, courts have generally held they are not subject to the serious injury threshold that limits car occupants’ lawsuits. A rider can pursue the at-fault driver for medical expenses, lost earnings, pain and suffering, scarring, future care and property damage, subject to proof of negligence and damages.
SUM claims
If the driver’s coverage is too low, your SUM coverage can make up the difference. SUM policies have notice requirements and usually require the SUM insurer’s consent before you settle with the at-fault driver. Settling without consent can jeopardize SUM benefits. This is one of the most important reasons to have a lawyer.
Comparative fault
New York’s pure comparative negligence rule reduces recovery by the rider’s share of fault, if any. Insurers often overstate rider fault; objective evidence counters it.
Liens
Health insurers, Medicare and Medicaid may claim reimbursement from settlements for bills they paid. Liens should be identified and negotiated.
New Hyde Park Danger Zones
- Jericho Turnpike, with heavy commercial traffic and frequent left turns into shopping centers.
- Hillside Avenue, crossing into Queens with buses and congestion.
- New Hyde Park Road and Lakeville Road, busy north-south routes near LIJ Medical Center.
- Marcus Avenue, with office park entrances and exits.
- The Northern State and Grand Central Parkway ramps, where merges are tight.
Deadlines
- DMV report: 10 days when required.
- SUM notice: promptly, as required by your policy.
- Personal injury lawsuit: generally three years.
- Wrongful death: two years.
- Notice of Claim against a public entity: 90 days.
For rider safety courses and resources, see the New York State Motorcycle Safety Program. For insurance consumer information, see the New York Department of Financial Services.
Ride Prepared, Recover Fully
Mushiyev Law represents motorcyclists across Nassau and Queens from our Rosedale office. We help riders navigate the no-fault gap, SUM claims and liens, and we build cases that cut through bias. There is no attorney fee unless we recover money for you. Visit our home page or contact us.
Directions From New Hyde Park to Our Rosedale Office
Mushiyev Law is at 1 Cross Island Plaza, Suite 325, Rosedale, NY 11422, beside the Cross Island Parkway and the Belt Parkway interchange.
From Lake Success Park, take Lakeville Road south to the Grand Central Parkway east and the Cross Island Parkway south to Rosedale.
A Playbook Example: Jericho Turnpike, Tuesday Evening
A hypothetical New Hyde Park rider is commuting home on Jericho Turnpike when a driver pulling out of a shopping center lot turns left across his path. He lays the bike down to avoid a direct hit and slides into the curb, fracturing his shoulder and ankle.
Because he planned ahead: His health insurance covers the emergency room, surgery and physical therapy, though he faces a deductible. His motorcycle policy includes medical payments coverage that helps with that deductible. His employer’s short-term disability policy replaces part of his income while he cannot work. And he carries $250,000 in SUM coverage.
After the crash: His lawyer obtains the driver’s policy limits: just $25,000. The lawyer notifies the rider’s SUM carrier promptly, documents the injuries and lost earnings, gathers video from the shopping center showing the driver pulling out without stopping, and requests the SUM carrier’s consent to accept the driver’s $25,000 limit. Once consent is given, the rider’s SUM claim proceeds for the remaining value of his losses, up to his SUM limit. His health insurer’s lien is negotiated from the recovery.
Without that preparation, the same rider could have faced unpaid bills, no income and a recovery capped at $25,000. The difference was built months before the crash, at the insurance agent’s desk.
Questions to Ask Your Insurance Agent This Week
- What are my SUM limits, and how much would it cost to raise them?
- Does my motorcycle policy offer medical payments coverage?
- Does my auto policy’s SUM coverage extend to me while riding my motorcycle, or only the motorcycle policy?
- What are my liability limits, and are they adequate if I carry passengers?
- Is an umbrella policy available, and does it cover motorcycles?
The answers vary by policy and insurer, and agents are usually glad to explain options. Twenty minutes on the phone can change the outcome of a future claim.
Passengers Need Coverage Too
If you ride two-up, your passenger is also excluded from no-fault. If another driver causes a crash, your passenger can pursue that driver. If you cause it, your passenger may claim against your liability coverage. Strong liability and SUM limits protect the people you ride with.
Seasonal Notes for New Hyde Park Riders
Spring brings sand and gravel left over from winter on road edges and turns, along with drivers who have not seen a motorcycle in months. Summer brings heavy weekend traffic to the North Shore and sudden thunderstorms. Fall brings wet leaves on Lakeville Road and the parkway ramps, and early darkness during the evening commute. Adjust your speed and following distance for each season, and remember that the first warm weekend of the year is often the most dangerous of all.
Frequently Asked Questions
Why doesn’t no-fault cover me as a motorcyclist in New Hyde Park?
New York’s no-fault law excludes motorcycles from the definition of motor vehicle for benefit purposes, so riders and passengers generally cannot collect no-fault for their own injuries.
What is the most important insurance for a motorcycle rider?
Many riders benefit most from strong health insurance and high Supplementary Uninsured/Underinsured Motorist (SUM) limits, which can pay when an at-fault driver has little coverage.
Do I need to get my SUM insurer’s permission before settling?
Usually yes. SUM policies typically require consent before settling with the at-fault driver, or you risk losing SUM benefits.
Am I subject to the serious injury threshold as a motorcyclist?
Courts have generally held that motorcyclists are not subject to the threshold, since they are outside the no-fault system.
How much does a motorcycle accident lawyer in New Hyde Park cost?
Mushiyev Law works on contingency: no attorney fee unless we recover money for you.
This article is general information, not legal advice. Reading it does not create an attorney-client relationship. Attorney Advertising. Prior results do not guarantee a similar outcome.