Motorcycle accident claims in New York
A rider has no cage, no airbag and no crumple zone. The same collision that leaves a driver shaken can leave a rider with fractures, road rash and a long orthopedic recovery.
The assumption you are up against
Motorcycle claims start from a harder position than most. Insurers frequently open by suggesting the rider was going too fast or was somewhere he should not have been, before anyone has looked at the scene. Collisions involving a driver turning across a rider's path or changing lanes into one are a recurring pattern, and establishing what happened takes physical evidence rather than argument.
New York treats motorcycles differently from cars, and that matters
Insurance Law §5102(f) defines the term “motor vehicle” for New York's no-fault article, and it expressly states that the term does not include a motorcycle. That exclusion is why a rider's claim does not sit inside the no-fault framework the way a driver's does, and it is one of the first things to establish in a rider's case rather than something to discover late.
What it means for your particular claim depends on the facts, including whose vehicle was involved and what coverage exists. It is worth asking rather than assuming the same rules apply to you as to the driver who hit you.
What we do
We collect the police report, scene and vehicle photographs, and any intersection or business camera footage before it is overwritten. Damage patterns, road markings and the resting positions of the vehicles often say more than either driver remembers. We work with reconstruction experts where the facts call for it.
An allegation of shared fault is not the end of it
An insurer will almost always suggest the rider contributed something. That is an argument to be answered with evidence, not a reason to assume there is no claim. It is worth asking rather than deciding for yourself.
Deadlines
Most personal injury actions in New York must be started within three years under CPLR 214. Shorter deadlines apply where a city agency, transit authority or other public entity is involved, including a 90-day notice of claim requirement. If a road defect or a construction plate is involved, the responsible party may be a contractor or an agency rather than another driver.
Queens-specific pages
If your collision happened in Queens, our Queens motorcycle accident page covers the borough's roads and courts specifically.
Frequently asked questions
Does New York's no-fault system apply to motorcyclists?
Not in the same way it applies to drivers. Insurance Law §5102(f) states that the term motor vehicle, as used in the no-fault article, does not include a motorcycle. What that means for your particular claim depends on the facts, including whose vehicle was involved and what coverage exists, so it is worth asking rather than assuming.
The insurer says I was partly at fault. Do I still have a case?
Possibly. An insurer will almost always suggest the rider contributed something, and that is an argument to be answered with evidence rather than a reason to assume there is no claim.
What does it cost to speak with the firm?
Nothing. Consultations are free and motorcycle cases are handled on a contingency basis, so there is no fee unless the firm recovers compensation for you.
