Most New Yorkers who get hurt in a crash can lean on no-fault insurance for the first round of medical bills and lost pay. Motorcyclists can’t. That one gap changes almost everything about how a rider’s claim works, and it catches a lot of people by surprise in the days after a crash on the Belt Parkway, Queens Boulevard or the Cross Island. This guide, written by a motorcycle accident lawyer in New York, explains who actually pays when you go down, what coverage you may already have without knowing it, and the steps that protect your claim while you recover.
Why riders are left out of no-fault
New York’s no-fault system, found in Insurance Law § 5103, pays basic economic loss for people hurt in car accidents regardless of who caused them. The statute carves out motorcycles. Operators and passengers on a motorcycle are generally not covered by no-fault benefits, either under their own bike policy or under the policy of the car that hit them.
In practical terms, that means the hospital bill, the orthopedic follow-ups and the weeks you miss from work don’t get routed through a no-fault carrier first. Those costs land on your health insurance, on you, or on the at-fault driver’s liability coverage once a claim is resolved. Our New York no-fault guide explains how the system works for drivers and passengers in cars, so you can see exactly what riders are missing.
Who pays, in the order it usually happens
1. Your health insurance
Right after a crash, your own health plan (or Medicaid or Medicare) is usually what pays for the ambulance, the emergency room and early treatment. Keep every explanation of benefits. If you later recover from the at-fault driver, your plan may have a lien, and a lawyer can often negotiate that lien down so more of the settlement stays with you.
2. The at-fault driver’s liability policy
If a car driver caused the crash by turning left across your lane, opening a door into traffic or changing lanes without looking, their bodily injury liability coverage is the main source of compensation for your medical costs, lost income, and pain and suffering. New York’s mandatory minimum liability limits are low compared with the cost of a serious motorcycle injury, which is why the next layer matters so much.
3. Your own UM/SUM coverage
Supplementary uninsured/underinsured motorist coverage (SUM) on your policy can pay when the driver who hit you has no insurance, can’t be identified, or carries limits too small to cover your losses. Many riders have SUM on their motorcycle policy or on a household auto policy and don’t realize it applies. Read every policy in your household, or have us read them. A hit-and-run crash may also involve the Motor Vehicle Accident Indemnification Corporation (MVAIC) if no other coverage exists, and those claims carry short notice deadlines.
4. Other responsible parties
Some crashes involve more than one driver. A delivery van, a rideshare car on an active trip, or a commercial truck may bring an employer’s or company’s policy into play. A pothole or dangerous road defect can point to the city, which triggers a 90-day notice of claim under General Municipal Law § 50-e.
What insurers argue against riders
Adjusters know juries sometimes arrive with assumptions about motorcyclists. Expect some version of these arguments:
- “You were speeding.” Answered with scene photos, damage patterns, witnesses, and in serious cases an accident reconstructionist. See how a reconstructionist can help.
- “You were lane splitting.” Riding between lanes of traffic is not permitted in New York under Vehicle and Traffic Law § 1252. If it truly happened, it may reduce your recovery, but it doesn’t erase the other driver’s share of fault.
- “Your gear or helmet made it worse.” We cover helmet arguments in detail in our post on helmets and comparative fault.
New York follows pure comparative fault under CPLR § 1411. If you are found partly responsible, your compensation is reduced by that percentage, not eliminated. Our comparative negligence guide walks through examples.
Injuries that drive the value of a rider’s claim
Riders have no crumple zone. The injuries we see most often include fractured legs, ankles and pelvises, wrist and collarbone fractures from bracing, road rash that requires skin grafts, spinal injuries, and traumatic brain injuries even with a helmet. Many of these require surgery, hardware, months of physical therapy and time off work. Because there’s no no-fault wage benefit, lost income is a much larger part of a rider’s claim than a car occupant’s, and it has to be proven with pay records, tax returns and employer statements. Our article on proving inability to work explains what that proof looks like.
Steps that protect your claim
- Get checked the same day, even if adrenaline says you’re fine.
- Call the police and get the report number. For a hit-and-run, report within 24 hours.
- Photograph everything: the bike, the other vehicle, skid marks, road surface, your gear and your injuries.
- Save your helmet, jacket and gloves exactly as they are. Don’t repair or throw them out.
- Get witness names and numbers, and note any cameras on nearby businesses or buses.
- Find every policy: your bike policy, household auto policies and any umbrella coverage.
- Don’t give a recorded statement to the other driver’s insurer before speaking with a lawyer.
- Keep a daily injury journal. Here’s how to keep one.
How long you have
Most New York injury lawsuits must be filed within three years under CPLR § 214. Claims against the city or another public entity usually need a notice of claim within 90 days, and SUM and MVAIC claims have their own notice rules that can be much shorter. Don’t wait to find out which ones apply to you.
For more on how we handle these cases, visit our motorcycle accident practice page, or read about car accident claims if you were hurt as a passenger or driver in another vehicle.
Frequently asked questions
Do I need a motorcycle accident lawyer in New York if the other driver admitted fault?
An admission at the scene helps, but it doesn’t settle how much the insurer will pay. Because riders don’t get no-fault benefits, the liability claim has to cover medical bills, lost income and pain and suffering, and adjusters often push back hard on the value. A motorcycle accident lawyer New York riders hire also checks for SUM coverage and other policies you may not know about.
Can my passenger bring a claim too?
Yes. A passenger on your bike can usually bring a claim against the at-fault driver, and in some situations against the operator. Passengers on a motorcycle are also outside no-fault, so the same coverage questions apply.
What if the crash was caused by a pothole?
Road defect claims against the city require a notice of claim, usually within 90 days, and proof that the city had prior written notice of the defect in many cases. Photograph the road surface right away and contact a lawyer quickly.
Visit Yakov Mushiyev & Associates
Our office is at 1 Cross Island Plaza, Suite 325, Rosedale, NY 11422, just off the Cross Island Parkway on the Queens–Nassau border. If you can’t come to us, we’ll come to you: at home, in the hospital or by video.
Talk to a motorcycle accident lawyer in New York today
Yakov Mushiyev & Associates has recovered over $80 million for injured New Yorkers across the five boroughs and Nassau County. Consultations are free, available in English, Russian and Spanish, and there is no fee unless we win.
Call 718.775.3110 or contact us online for a free case review.
This article is general information, not legal advice. Every case is different. Attorney Advertising.