Motorcycle accidents

Why the rules are different

New York’s no-fault system is built on a definition. Insurance Law § 5102 sets out what counts as a "motor vehicle" for these purposes, and it leaves motorcycles out. Everything else follows from that single exclusion.

Two consequences, pulling in opposite directions:

• You get no no-fault benefits. A car occupant’s medical treatment and part of their lost earnings are paid by their own insurer within days, whoever caused the crash, up to $50,000. A rider gets none of that. Your health insurance, or a claim against the driver, has to carry the bills.
• The serious injury threshold generally does not restrict you.The threshold in § 5104(a) governs actions between "covered persons." A motorcyclist is not a covered person, so a rider’s claim for pain and suffering is generally not gated by the statutory categories a car occupant has to fit inside.

That second point is worth sitting with, because it is the opposite of what most people assume about motorcycles and the law. A car occupant with a soft-tissue injury may have no claim at all for pain and suffering. A rider with the same injury is not stopped at the same gate, particularly now that the 90/180 category has been removed from the threshold for car occupants, which we cover on no-fault and the serious injury threshold.

It is a trade rather than a gift. Losing guaranteed payment of your bills from day one is a real cost, and it lands hardest in exactly the period when you are least able to absorb it.

The protection runs both ways

The same subsection that leaves a rider outside the threshold also shields one. A motorcycle owner or operator who carries the financial security the Vehicle and Traffic Law requires is not subject to a covered person’s claim for non-economic loss unless that person has a serious injury. If a car occupant sues the rider, the threshold applies to them.

"I never saw the bike"

It is the most common sentence in a motorcycle file, and it is an argument rather than a conclusion. New York apportions fault between the people involved, and how it is apportioned in a motor vehicle case changed on May 26, 2026. Our car accident page sets out what changed. Whether and how the new rule reaches a claim where the injured person is not a covered person is a question worth asking about your particular case rather than assuming either way.

What tends to matter more than the argument is what was recorded early: the scene, the sightlines, the damage patterns, any camera on a nearby building, and what the other driver said before anyone had a lawyer. Bikes get moved and repaired quickly, and the evidence goes with them.

Helmets

New York requires an approved helmet for the operator and any passenger. Not wearing one does not bar a claim. It gives the insurer an argument about the extent of the injuries, a damages question, not a question about who caused the crash, and it is better dealt with directly than avoided.

Deadlines

Three years from the date of the crash under CPLR § 214(5), two years for wrongful death. Where a municipality is involved, a road defect, a plow, a county vehicle, a notice of claim is due within ninety days under General Municipal Law § 50-e, and the action itself within one year and ninety days. That ninety-day deadline is the one that ends otherwise good claims.

Questions people ask

Does no-fault pay my medical bills after a motorcycle crash?

No. Insurance Law section 5102 leaves motorcycles out of the definition of a motor vehicle, so the no-fault benefits that pay a car occupant’s bills regardless of fault do not apply to a rider. Your own health insurance, or a claim against the driver, has to carry it instead.

Do I have to meet the serious injury threshold?

Generally not. The threshold in section 5104(a) restricts actions between "covered persons", and a motorcyclist is not one. Courts have held that a rider injured by a negligent driver can pursue pain and suffering without first clearing the statutory categories a car occupant has to clear.

That sounds like an advantage. Is it?

It is a trade, and which side of it you come out on depends on the injuries. You lose guaranteed payment of your medical bills from day one, which is the part that matters when you are out of work. You gain a claim that is not gated by a threshold. Serious cases usually benefit; smaller ones often do not.

What if a car occupant sues me?

The same section works the other way. A motorcycle owner or operator carrying the financial security the Vehicle and Traffic Law requires is not subject to a covered person’s claim for non-economic loss unless that person has a serious injury. The protection runs in both directions.

The driver says I was not visible. Does that end my claim?

It is the most common thing said after a motorcycle crash and it is an argument, not a finding. New York apportions fault, and how it is apportioned in a motor vehicle case changed on May 26, 2026, which is a reason to have someone look at the specifics early rather than accept a characterization of the crash.

Was I required to wear a helmet?

New York requires an approved helmet for the operator and any passenger. If you were not wearing one, it does not bar a claim, but expect the insurer to argue it affected the injuries. It is a question about damages rather than about who caused the crash.

How long do I have to bring a claim?

Three years from the date of the crash for personal injury under CPLR 214(5), and two years for wrongful death. If a municipality is involved, a road defect, a town vehicle, a notice of claim is due within ninety days and that deadline arrives long before most people have spoken to a lawyer.

Related

Sources

NY Insurance Law § 5102 — Definitions ·NY Insurance Law § 5104 — Causes of action for personal injury ·CPLR § 214 ·General Municipal Law § 50-e
Verified August 23, 2026. This page describes how the statute treats a motorcyclist. It is not advice about your own case, and how any of it applies depends on facts this page cannot know.