Injured in a NYC Motorcycle Crash? Know Your Rights
If you were hurt in a New York City motorcycle crash, you have important rights regarding medical care, fault, and compensation. Learn how liability works for motorcyclists in New York, what evidence helps your claim, how insurance applies, and steps to protect your case.
Why Motorcycle Cases in New York Are Different
Under New York’s No-Fault Law, a motorcycle is not treated as a “motor vehicle” for personal injury protection (PIP) purposes. As a result, injured riders and passengers generally do not receive no-fault (PIP) benefits for their own medical bills or lost wages. See Insurance Law § 5102 and the NY Courts Auto Insurance Guide.
Your Right to Pursue a Liability Claim
If another party’s negligence caused your crash—such as unsafe lane changes, failure to yield, dooring, speeding, or impaired driving—you may pursue a claim for economic and non-economic losses. Recoverable damages can include medical expenses, lost income, reduced earning capacity, out-of-pocket costs, pain and suffering, and loss of enjoyment of life.
Liability can also extend to parties beyond the other driver, such as employers (in a commercial vehicle crash), vehicle owners, municipalities for roadway defects in limited circumstances with strict notice requirements, or product manufacturers in a defective motorcycle or component claim. Municipal claims are subject to special notice rules; see General Municipal Law § 50-e.
Comparative Fault Doesn’t Bar Recovery
New York follows pure comparative negligence. Even if you were partially at fault, you may still recover compensation; any award may be reduced by your percentage of fault. See CPLR § 1411.
Helmet and Eye Protection Laws
New York requires all motorcycle operators and passengers to wear an approved protective helmet and suitable eye protection. See Vehicle and Traffic Law § 381. Non-use of protective gear can affect damage arguments, but it does not automatically bar a claim if another party’s negligence caused the crash.
Insurance Considerations for Motorcyclists
Because standard no-fault (PIP) benefits generally do not apply to motorcyclists in New York, your recovery typically proceeds through liability claims and through optional coverages you carry. Uninsured/underinsured motorist (UM/UIM) and supplementary underinsured motorist (SUM) coverage may be critical if the at-fault driver lacks sufficient insurance. Review your policy for medical payments (MedPay) or other optional protections that may help with immediate expenses.
Evidence That Strengthens Your Case
- Police crash report and any citations issued
- Scene, vehicle, and injury photographs
- Helmet-cam or dash-cam footage
- Witness names and contact information
- GPS/telematics data and 911 audio, where available
- Medical records, bills, and prognosis
- Proof of lost income and benefits
- Expert opinions (accident reconstruction, biomechanics, life care planners)
Preserve your motorcycle and gear. Do not repair, clean, or dispose of them until counsel advises, as they may be important physical evidence.
Practical Tips
- Do not post about the crash or injuries on social media.
- Keep a symptom journal and track how pain affects work and daily life.
- Ask providers to note that the injuries stem from a motorcycle crash.
- Request and save itemized bills, EOBs, and receipts.
Dealing With Insurers After a Crash
Report the crash to your insurer promptly. Be mindful that recorded statements to another party’s insurer can be used to limit or deny your claim. Provide only necessary facts until you’ve consulted counsel, and avoid signing broad medical authorizations without legal advice.
Medical Care and Documentation
Seek medical evaluation right away—even if symptoms seem minor—and follow your treatment plan. Keep copies of all records, prescriptions, mileage, and out-of-pocket expenses. Consistent care helps link your injuries to the crash and substantiates damages.
Time Limits and Notices
Deadlines for filing lawsuits and serving required notices can be strict and vary based on who is involved, the nature of your claim, and other factors. For claims involving municipalities, prompt notice is often required (see GML § 50-e). Act quickly to preserve your rights.
What to Do After a NYC Motorcycle Crash
- Call 911 and obtain a police report.
- Seek medical care immediately and follow your treatment plan.
- Photograph the scene, vehicles, visible injuries, and road conditions.
- Identify witnesses and secure their contact information.
- Preserve your motorcycle, helmet, clothing, and gear.
- Notify your insurer; avoid detailed statements to other insurers before legal consultation.
- Consult an attorney experienced in New York motorcycle cases.
How an Attorney Can Help
An attorney can investigate liability, secure and preserve evidence, handle communications with insurers, evaluate available insurance coverage, calculate damages, consult experts, and negotiate or litigate your claim. Early representation helps avoid missteps given the unique insurance and liability rules affecting motorcyclists in New York.
Contact our NYC motorcycle accident team to discuss your options in a confidential consultation.
FAQs
Do I get no-fault benefits as a motorcyclist in New York?
Generally no. Motorcycles are excluded from PIP under Insurance Law § 5102, so riders typically pursue liability and optional coverages instead.
Can I recover if I was partly at fault?
Yes. Under CPLR § 1411, New York’s pure comparative negligence rule allows recovery reduced by your percentage of fault.
Will not wearing a helmet bar my claim?
No. It may affect damage arguments, but if another party’s negligence caused the crash you may still pursue compensation under VTL § 381 and general negligence principles.
What if the at-fault driver has minimal insurance?
Your UM/UIM or SUM coverage may apply. Review your policy and deadlines for notice of claims.
How fast should I contact a lawyer?
Immediately. Evidence can disappear quickly, and some claims have short notice deadlines, especially those involving public entities.
Key legal sources
- New York Insurance Law § 5102 (No-Fault definitions)
- New York State Unified Court System – Auto Insurance Guide
- New York CPLR § 1411 (Comparative Negligence)
- New York Vehicle and Traffic Law § 381 (Motorcycle helmets and eye protection)
- New York General Municipal Law § 50-e (Notice of Claim requirements)
Disclaimer: This post is for general informational purposes only, is not legal advice, and does not create an attorney-client relationship. Laws change and outcomes depend on specific facts. Consult a licensed New York attorney about your situation.