Hurt Riding in New York? Get Top Injury Counsel Now
Injured while riding a motorcycle, e-bike, scooter, bicycle, or as a passenger in New York? Learn what to do next, how New York law treats different riders, potential compensation, and how a lawyer can protect your rights.
After a Riding Crash: First Steps
- Call 911 and seek medical care immediately, even if injuries seem minor.
- Report the crash to police and obtain the report number.
- Take photos of the scene, vehicles, road conditions, and your injuries if you can do so safely.
- Collect contact and insurance information for drivers, riders, and witnesses.
- Preserve your gear (helmet, clothing, bike/scooter parts) and avoid repairs until it is documented.
- Avoid making recorded statements to insurers before speaking with a lawyer.
How New York Treats Different Riders
New York law treats riders differently depending on the vehicle and power source:
- Motorcycles: Motorcyclists are generally not eligible for their own no-fault (first-party) medical benefits and often pursue claims against at-fault parties. See DFS No-Fault guidance and Insurance Law § 5103. Helmet and eye protection are required for riders and passengers under VTL § 381.
- Bicycles: When a motor vehicle is involved, cyclists are typically eligible for no-fault benefits from the motor vehicle’s insurer and may also assert negligence claims against responsible drivers. See DFS No-Fault and VTL § 1231.
- E-bikes and E-scooters: New York permits certain classes of e-bikes and e-scooters, with local rules varying. Coverage and liability issues depend on device classification and whether a motor vehicle is involved. See NYS DMV guidance.
- Mopeds/limited-use motorcycles: Requirements for registration, licensing, and equipment vary by class, and compliance can affect liability and coverage. See VTL § 121-b.
Because classifications and coverage can be fact-specific, it is important to have your situation evaluated promptly.
Fault and Compensation
New York follows a comparative negligence system: even if you are partly at fault, you may still recover damages, reduced by your percentage of fault. See CPLR § 1411. Depending on the facts, additional rules such as vehicle owner liability may apply in motor vehicle cases. See VTL § 388.
Recoverable damages may include medical expenses, lost income, rehabilitation, property damage, and pain and suffering. The mix of coverages—liability, no-fault (where applicable), uninsured/underinsured motorist, and medical payments—can significantly affect your recovery.
Deadlines and Notices
Multiple time limits may apply. For example, no-fault applications are generally due within 30 days of the crash (DFS No-Fault); notices of claim against certain public entities can be due in as little as 90 days (GML § 50-e); and lawsuit filing deadlines are governed by statutes of limitations (CPLR § 214). Exact timing depends on your facts and claim type—act quickly to protect your rights.
Dealing With Insurers
- Expect early outreach from insurers seeking statements or broad authorizations. Provide only what is necessary until you have legal advice.
- Do not accept early settlement offers before you understand the full extent of your injuries and future needs.
- Keep all correspondence, bills, and receipts organized.
Tip for Riders
If your helmet, clothing, or bike components show damage, store them in a safe place and photograph each item with date stamps. These items can be crucial evidence of impact forces and injury mechanisms.
Claim Readiness Checklist
- Police report number and officer’s precinct/contact
- Photos/video of scene, vehicles, road defects, and injuries
- Names, phones, and emails for witnesses
- All insurance cards and policy numbers (auto, UM/UIM, health)
- Medical visit records and discharge instructions
- Receipts for repairs, gear, rides, and medications
- Proof of lost wages or missed gigs (pay stubs, invoices, schedules)
- A written timeline of events while memories are fresh
Why Hire a New York Injury Lawyer
- Investigate liability using crash reports, scene analysis, vehicle data, and expert reconstruction when needed.
- Identify all applicable insurance coverages and policy limits.
- Preserve evidence and handle communications with insurers and adverse parties.
- Coordinate medical documentation and calculate full damages, including future care.
- Negotiate aggressively and, when necessary, file and litigate your case in New York courts.
What Our Firm Does for Riders
We represent injured motorcyclists, cyclists, e-bike and scooter riders, and passengers across New York. From day one, we secure evidence, manage deadlines, and position your claim for maximum compensation. Consultations are free, and you pay no attorney’s fee unless we recover money for you. Contact us to get started.
Get Help Now
If you were hurt while riding in New York, speak with counsel as soon as possible. A brief call can clarify your options, protect your claim, and reduce stress while you focus on healing. Request your free consultation.
FAQ
Do motorcyclists get no-fault benefits in New York?
Generally no. Motorcyclists are excluded from personal no-fault benefits and typically pursue claims against at-fault parties, though other coverages like UM/UIM may apply.
If I was partly at fault, can I still recover?
Yes. Under comparative negligence, your damages may be reduced by your percentage of fault, but you can still recover.
What deadlines should I know about?
No-fault applications can be due in 30 days, certain municipal notices in 90 days, and most personal injury lawsuits within three years. Your facts may trigger different or shorter deadlines.
Should I talk to the other insurer?
Provide only basic information until you have counsel. Decline recorded statements and broad medical authorizations without legal advice.
Ready to protect your claim? Speak with a New York injury lawyer today. Start your free case review.
References
- New York State Department of Financial Services — No-Fault Auto Insurance
- Insurance Law § 5103 (first-party benefits; motorcycle exclusion)
- Insurance Law § 5102 (definitions; basic economic loss; serious injury)
- VTL § 381 (motorcycle equipment; helmet and eye protection)
- VTL § 388 (owner liability)
- VTL § 121-b (limited-use motorcycles; classes)
- NYS DMV — Electric scooters and bicycles
- VTL § 1231 (bicyclists; rights and duties)
- CPLR § 1411 (comparative negligence)
- GML § 50-e (notice of claim)
- CPLR § 214 (limitations of time; personal injury)
This blog is for general information only and is not legal advice. Reading it does not create an attorney-client relationship. Laws change and facts matter; consult a New York attorney about your specific situation.