New York’s a no-fault state for traffic accidents. However, Section 5102(f) of the New York State Insurance Law explicitly excludes motorcyclists from the no-fault system. What does this mean for you if you’re a motorcyclist who’s involved in an auto accident in New York City? How do you get compensation for your injuries? Does this mean you don’t have to be insured to ride a motorcycle? It’s important to know your rights and what to expect if you get into a crash. Our New York motorcycle accident attorneys have the answers and information you need.
Understanding New York’s No-Fault Rule
You have to have auto insurance before you can legally drive a motor vehicle in New York State. When you drive a car, van, truck, or SUV, not only do you have to buy minimum liability coverage, which is intended to pay for damages suffered by others in accidents that you cause, but you also have to add Personal Injury Protection (PIP) coverage to your policy. PIP benefits, which must be at least $50,000 per person, cover medical bills and up to 80 percent of lost wages related to a car accident.
The no-fault system requires you to file a claim with your insurance company for these PIP benefits after an accident, even if someone else caused the wreck. If your injuries can be classified as “serious,” as defined by Insurance Code Section 5102(d), you can file a lawsuit for additional compensation against the party that caused your traffic accident. What if you operate a motorcycle?
Motorcyclists Operate Under a Fault-Based System of Insurance
You have to register and insure your motorcycle before you can ride it in New York State. Current minimum motorcycle insurance requirements include:
- Bodily injury: $25,000 per person and $50,000 per accident
- Property damage: 10,000 per accident
- Uninsured motorist coverage: $25,000 per person and $50,000 per accident
You just can’t add Personal Injury Protection – also known as no-fault coverage – to your motorcycle insurance policy. So, as a motorcyclist, you’ll navigate fault-based insurance rules. When you get into a motorcycle accident in New York City, you won’t file a claim with your insurance company. Instead, you can file an insurance claim with the at-fault party’s insurance provider. You don’t have to meet the serious injury threshold established in 5102(d). You can seek damages from other parties right out of the gate.
What if I’m Blamed for a Motorcycle Accident in New York City?
If you’re responsible for a motorcycle accident or accused of causing a wreck with another vehicle on New York City roads, your insurance policy can pay for damages suffered by others in the crash.
However, keep in mind that motorists driving a car or truck have to comply with the no-fault system, so they’ll need to exhaust their PIP benefits first and demonstrate
that they’ve suffered a serious injury before they can attempt to recover benefits from your motorcycle insurance policy. Your liability coverage can also be used to pay for your medical care and related losses, too.
How Can a Motorcycle Accident Attorney Help Me?
New York’s insurance system can be confusing, especially if you’re a motorcyclist. Hiring an experienced personal injury attorney in New York City with experience navigating motorcycle accident cases can make things easier in the wake of a crash. At The Platta Law Firm, you can expect our exceptionally talented team of New York trial attorneys to identify potential avenues of recovery, help you file an insurance claim with a negligent motorist’s carrier, and pursue damages in a civil lawsuit, if necessary.
You have limited time to assert your rights, so it’s important to contact our award-winning motorcycle accident attorneys in NYC for a free consultation at 212-514-5100 right away.