Does No-Fault Insurance Apply to Motorcyclists in New York?

If you are injured in a collision while riding a motorcycle in New York, you might be wondering whether the state’s “no-fault” insurance laws will cover your injuries and damage to your bike. In most cases, the answer would be “no,” because Article 51 of the New York State Insurance Law (also known as the “No-Fault Law”) establishes that riders and their passengers are excluded from no-fault insurance coverage.

New York’s No-Fault Law requires all drivers, passengers, and pedestrians involved in motor vehicle accidents to be covered by no-fault insurance. However, motorcycles are not considered to be motor vehicles under Section 5102(f).

So, if you are injured in a Bronx motorcycle accident and were either driving or riding on the motorcycle at the time of the accident, no-fault insurance coverage will not be available to pay for medical treatment or other losses.

How Can I Get Compensation If Someone Else Caused My Motorcycle Crash?

If you were injured in a motorcycle accident through no fault of your own, you are likely wondering if you could seek compensation from the at-fault party. Fortunately, New York’s negligence laws do allow you to hold the other party accountable for the harm you’ve suffered and losses you’ve incurred.

And, you don’t have to worry about the limitations that New York’s no-fault insurance laws often place on those injured in motor vehicle collisions. If you were injured in a motorcycle accident caused by someone else, you could seek fair compensation through an injury claim or lawsuit, even if your injuries were relatively minor. This is because motorcyclists and their passengers do not need to meet the “serious injury” threshold  under Section 5102(d) of New York’s No-Fault Law.  Section 5102(a) specifically provides and exemption to motorcyclists (and their passengers) from this requirement.

What Insurance Do I Need to Carry in New York?

According to the New York Department of Motor Vehicles, You must have automobile liability insurance coverage issued by New York State to register a motor vehicle. Failure to maintain the required coverage could result in the suspension of your vehicle registration and driver’s license by the DMV.

The law in New York requires that you have a minimum amount of liability coverage for auto insurance. This includes:

• $10,000 for property damage for a single accident
• $25,000 for bodily injury and $50,000 for death for a person involved in an accident
• $50,000 for bodily injury and $100,000 for death for two or more people in an accident

Your liability insurance coverage must remain in effect as long as your vehicle’s registration is valid, regardless of whether or not you use it. However, there are exceptions for motorcycles. Moreover, the insurance coverage must be issued by a company licensed by the NY State Department of Financial Services and certified by NY State DMV.

Additionally, the insurance policy must be issued in the name of the vehicle registrant and should remain in their name at all times. For more information about liability insurance and insurance companies licensed in New York, you can visit the New York State Department of Financial Services website.

What Should I Do If I’m Injured in a Motorcycle Crash in New York?

If someone else’s actions or inaction injure you in a motorcycle crash in New York, take the following steps to protect your rights:

• Seek medical attention – If you are injured, seek medical attention immediately. Even if you do not feel like you are seriously injured, it is important to get checked for any injuries that might not show symptoms right away.
• Contact the police – Call the police and report the accident. They will secure the scene, perform a preliminary investigation, and create an accident report, which will be useful if you decide to file an insurance claim or a lawsuit.
• Exchange information – Exchange contact and insurance information with the other driver involved in the accident. Be sure to also get the names and contact information of any witnesses to the crash.
• Take photos and video of the scene – Take videos and photos of the accident scene, your injuries, and any damage to your motorcycle.
• Contact a motorcycle accident lawyer – If you were injured in the crash, contact an experienced motorcycle accident lawyer as soon as possible. Your attorney could help you navigate the legal process and ensure that your rights are protected.

Contact a New York Motorcycle Accident Lawyer

At Finz & Finz, P.C. our New York motorcycle accident lawyers know just how devastating a motorcycle crash can be. If you are dealing with severe injuries, lost wages due to time missed from work, and expensive vehicle repairs, let us step in and help you seek the justice you deserve. New York’s insurance laws can be complex, so turn to an attorney with the right knowledge and skills to help with your case. Call us at 1-855-TOP-FIRM or contact us online today for a free consultation.