In New York, no-fault insurance continues to protect injured New Yorkers from the financial hardship that would otherwise significantly impact their lives. Nevertheless, no-fault benefits are not open to everyone, and people are often surprised to find that motorcyclists are not protected under New York’s no-fault insurance laws, and many do not understand the reasons why. In this post, accident lawyers in New York explain why no-fault insurance does not cover motorcycle accidents and what options may be available for motorcyclists seeking compensation.
Understanding No-Fault Insurance in New York
In New York, no-fault insurance/Personal Injury Protection (PIP) insurance forms part of the mandatory insurance coverage that all drivers in New York must have. In the event a person is injured in a motor vehicle accident in New York, they can rely on their no-fault insurance to claim compensation for their medical expenses, up to 80% of income and wages lost due to the accident, and other reasonably connected expenses.
Since New York is a no-fault state, an injured person is able to claim compensation for the economic damages covered by the insurance policy, regardless of their fault in the accident. An injured person can claim up to $50,000 for the damages mentioned above. However, keep in mind that a person cannot claim compensation for non-economic damages, such as pain and suffering, through their no-fault insurance.
Why Does No-Fault Insurance Not Cover Motorcycle Accidents?
In New York, your no-fault insurance’s primary purpose is to cover economic damages suffered during a motor vehicle accident. However, no-fault benefits do not extend to motorcycle accidents. This distinction has largely to do with how New York Insurance and Motor Traffic Law interprets the term “motor vehicle.”
The combination of Article 5102 of New York Insurance Law and Sections 125, 127, and 311 of the New York Vehicle and Traffic Law makes it clear that motorcycles are not considered “motor vehicles” under the law, and thus motorcycle riders and passengers are excluded from no-fault insurance coverage.
What Are Motorcyclists’ Options for Compensation in New York?
As a motorcyclist, you can claim compensation for damages suffered in an accident from your motorcycle accident insurance. At the same time, you can claim compensation from the at-fault person’s liability insurance or your UM/SUM coverage in the event of a hit and run. Alternatively, you can claim compensation via a personal injury lawsuit for which you will have to show that you have suffered economic damages over $50,000 or that you have suffered a “serious injury.”
When pursuing these insurance and legal actions, a personal injury law firm in NYC can help you navigate the procedures and overcome challenges in seeking compensation.
Understanding Compensation for Motorcycle Accidents in New York
If you’re looking to claim compensation after a motorcycle accident in New York, you must keep in mind that New York’s no-fault insurance does not cover motorcycle accidents, requiring motorcyclists to look elsewhere for compensation. Whether through no-fault insurance or other types of insurance, motorcyclists must navigate complex insurance and legal processes when claiming compensation.
Motorcyclists seeking compensation can consider filing claims with their insurance provider, or they may pursue other avenues of compensation, depending on the situation. We are committed to working diligently on your case to help you navigate the legal process and seek a favorable outcome.
Disclaimer: The content in this article is provided for general knowledge. It does not constitute legal advice, and readers should seek advice from qualified legal professionals regarding particular cases or situations.
