Motorcycle Accidents
New York Motorcycle Accident Claims: Why No-Fault Doesn't Cover You
Jonathan Fuzailov, Esq.
September 8, 2026 · 4 min read
Motorcyclists are excluded from New York's no-fault system — a disadvantage for medical bills, but a major advantage for your lawsuit.
The no-fault exclusion cuts both ways
Motorcycles are excluded from New York's no-fault law, so your own policy won't automatically pay your medical bills the way it would after a car crash. Health insurance, MedPay if you carry it, and ultimately the at-fault driver's liability coverage become the sources of payment.
The upside: no serious injury threshold
Because no-fault doesn't apply, injured riders can sue for pain and suffering without proving a 'serious injury' under Insurance Law 5102(d). Road rash, fractures, and injuries that would be borderline in a car case are fully compensable in a motorcycle case.
Fighting the bias
Insurers and juries often assume the rider was speeding or lane-splitting. Helmet use, protective gear, witness statements, and accident reconstruction all matter more in motorcycle cases because the defense will try to shift blame onto you.
Check your own coverage
Uninsured/underinsured motorist coverage on your motorcycle policy is critical — many drivers who hit riders carry minimum limits or flee the scene. Review your policy before you need it.
Free case review
Hurt in a motorcycle accident in New York? Talk to a lawyer today.
Deadlines in New York can be as short as 90 days, and insurers start building their defense immediately. Get a free, no-obligation review of your case from Fuzailov Law — you pay nothing unless we win.
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