Motorcyclists in New York face more than just physical danger on the road—they also face unique legal and financial challenges after a crash. One of the most significant differences between motorcycle and car accidents in New York is how the insurance system treats them. While most drivers are protected by the state’s no-fault insurance laws, motorcycle riders are excluded from that coverage. This gap makes it much harder to recover compensation after an accident.
This article breaks down the key differences in insurance claims, explains how motorcycle accident victims in New York are affected, and outlines why hiring a motorcycle accident lawyer may be one of the most important decisions an injured rider can make.
New York’s No-Fault System Doesn’t Apply to Motorcycles
New York is one of a dozen states that uses a no-fault insurance system for motor vehicle accidents. This means that drivers involved in a crash—regardless of who was at fault—can access Personal Injury Protection (PIP) benefits through their own insurance. PIP covers medical expenses, lost wages, and some other basic costs after an accident.
But there’s a big exception: motorcycle riders are not eligible for PIP benefits in New York. This is not a loophole or oversight—it’s written into the law. Motorcycle insurance policies in New York are not required (or even allowed) to include no-fault coverage.
That means when a motorcycle accident occurs, the rider cannot rely on their own insurance to cover medical bills or missed income. They must instead file a motorcycle insurance claim against the at-fault driver or pursue a motorcycle accident lawsuit—a process that often takes time, evidence, and legal advocacy.
The Financial Impact of a Motorcycle Accident in New York
Because motorcyclists are left without the financial safety net of PIP, even minor accidents can create major financial stress. According to national data, motorcyclists are about 4 times more likely to be injured in a crash than car occupants. In New York, the cost of emergency care, follow-up treatment, physical therapy, and time away from work can quickly add up.
A car driver with PIP coverage might receive thousands in upfront payments within weeks. A motorcycle rider, on the other hand, may have to wait months—or longer—while their insurance claim or lawsuit plays out.
Without no-fault benefits, motorcyclists must:
- Pay out-of-pocket for medical care (or use their health insurance, if available)
- Deal with collections or unpaid medical bills during recovery
- Fight to prove fault before receiving any compensation
- Navigate legal procedures on their own unless they hire a motorcycle accident attorney
These financial pressures can be overwhelming, especially while recovering from serious injuries.
Filing a Motorcycle Insurance Claim in New York Is More Complex
Because no-fault does not apply, a motorcycle accident claim must go through the liability insurance of the at-fault party. This creates several additional steps:
- Proving Fault – Unlike no-fault claims, where fault doesn’t matter, motorcycle insurance claims require the injured rider to prove that another driver caused the crash. That means gathering police reports, witness statements, crash scene photos, and possibly expert testimony.
- Negotiating With Insurance Adjusters – Liability insurers have one job: minimize payouts. Without strong documentation and legal support, motorcyclists may be offered far less than they deserve—or be blamed for part of the accident.
- Waiting for Resolution – Unlike PIP, which pays out quickly, liability claims often take months to settle. And if the case goes to court, it may take over a year to resolve.
This process can be discouraging and difficult to manage while also healing from a physical injury.
Motorcycle Accident Lawsuits in New York: When Are They Necessary?
Because motorcycle insurance coverage doesn’t offer immediate help, many riders have no choice but to pursue a motorcycle accident lawsuit. This is often the only route to recover money for:
- Hospital and surgery costs
- Ongoing rehabilitation or therapy
- Lost wages and future loss of earning capacity
- Pain and suffering
- Damage to the motorcycle and gear
To succeed in a lawsuit, the rider must show that the other party’s negligence caused the crash. This could include distracted driving, speeding, failure to yield, or dangerous road conditions.
It’s also worth noting that New York follows a comparative fault rule, meaning your compensation is reduced by your percentage of fault. If you’re found to be 30% at fault, for example, you’ll only recover 70% of your damages. This makes it especially important to work with a motorcycle accident lawyer who can defend your actions and strengthen your case.
Insurance Companies Often View Motorcyclists Differently
There’s an unfortunate reality that many motorcyclists face when filing claims: bias. Insurance companies sometimes assume that riders are inherently reckless or at fault—especially if the injuries are severe. These assumptions can influence settlement offers or even lead to outright denials.
A skilled motorcycle accident attorney knows how to push back against these tactics. They understand the laws, how motorcycle physics affect crash dynamics, and how to present a clear picture of what happened and why the rider deserves compensation.
What Motorcycle Insurance Covers—and What It Doesn’t
Standard motorcycle insurance in New York must include liability coverage, which protects other people if the insured rider causes a crash. Optional add-ons include:
- Collision coverage – Pays for damage to your motorcycle
- Comprehensive coverage – Covers theft, vandalism, or weather damage
- Uninsured/Underinsured motorist (UM/UIM) coverage – Protects you if you’re hit by someone with no insurance or not enough coverage
However, as noted earlier, no coverage is available for PIP-style benefits. Even medical payments coverage, if purchased, tends to be limited.
This means that unless you’ve purchased additional coverage—and even then, it's often not enough—you’re mostly on your own after a crash.
How a Motorcycle Accident Lawyer in New York Can Help
Given the uphill battle many riders face, working with an experienced motorcycle accident lawyer is often the best way to protect your interests.
A lawyer can:
- Investigate and gather evidence from the scene
- Obtain police reports, camera footage, and expert evaluations
- Handle all communications with insurance adjusters
- Build a clear, fact-based case to establish fault
- Estimate future losses and negotiate for full compensation
- Represent you in court if a lawsuit becomes necessary
Motorcycle accident attorneys understand what’s at stake and what strategies insurers use to undervalue claims. With legal guidance, injured riders have a far better chance at receiving the financial support they need.
Call Brandon J. Broderick For Legal Help
If you’ve been injured in a motorcycle accident in New York, don’t assume the system will work the same as it would for a car crash—it won’t. Because of the no-fault exemption, you may already be falling behind financially, and insurance companies may not offer the support you need.
At Brandon J. Broderick, Attorney at Law, we know how to stand up for motorcyclists. Our team has extensive experience handling motorcycle accident claims and lawsuits in New York. We’re ready to fight for the compensation you deserve—so you can focus on healing.
Reach out today for a free consultation. Let us take the lead while you recover.