In New York, motorcycle accidents are treated differently compared to car accidents. While the state is well-known for compensating car accident victims under ‘no-fault insurance,’ you would be surprised to know that ‘no-fault’ coverage does not extend to motorcycle riders. This begs the question, how does a person injured in a motorcycle accident seek compensation for their injuries?
At Gabriel Law, we’ve had the pleasure of representing many victims of motorcycle accidents, and in this blog, we’ll take on the role of an experienced injury attorney in Queens and explain what it means for the injured rider and how they might still be able to recover compensation.
What is ‘no-fault’ insurance?
New York is among the 12 U.S. states that have introduced ‘no-fault’ insurance as a way to expedite the financial recovery of accident victims. According to the New York State Department of Financial Services, all motorists must have no-fault (personal injury protection) insurance, along with liability and uninsured motorist coverage, to satisfy the financial responsibility requirements needed to register a vehicle and obtain license plates.
Under ‘no-fault’ insurance, an insurance company is legally obligated to compensate a victim for the losses they have suffered due to being injured in a car accident, regardless of their potential fault. In New York, the basic ‘no-fault’ insurance coverage includes
- Payments for reasonable and necessary accident-related medical and rehabilitation expenses. (The payment will be in accordance with an established fee schedule.)
- 80% of lost earnings from work, with a cap of $2000 per month for up to three years from the date of the accident. The value of these payments may be offset by state disability, workers compensation, and federal social security disability benefits.
- Up to $25 a day for a year from the date of the accident for other expenses connected to the accident, such as costs for household help and transport to and from medical treatment.
The insurance coverage also includes a $2000 death benefit payment made to the estate of the deceased, in addition to the $50,000 basic no-fault limit. You have the option of extending the no-fault coverage limit by purchasing an ‘Additional PIP’ (APIP).
Does no-fault insurance apply to motorcycle accidents?
The application of no-fault insurance for motorcycle accidents primarily depends on what you were doing at the time of the accident. If you were a pedestrian and were injured by a motorcycle, you will still be protected under no-fault insurance. However, if you were injured as the bike rider or passenger, you will not be entitled to no-fault benefits.
This is because Article 5103 of New York State Insurance Law specifically excludes motorcyclists and passengers of motorcycles from no-fault coverage. This is due to the perception that riding motorcycles is an inherently dangerous activity.
As an injured motorcyclist, what are my options for compensation?
As motorcyclists, even though they are not privy to ‘no-fault’ insurance, New York law mandates that they obtain their personal injury protection (PIP) and liability insurance. As an injured motorcyclist, you will most likely have to rely on your PIP and other medical insurance policies to cover any immediate medical costs associated with the accident.
Alternatively, as an injured party, you will be able to claim against the liability insurance of the party at fault. (Keep in mind that if you’re an injured pedestrian, you can obtain benefits under ‘no-fault’ insurance).
While it may seem the motorcyclists are disadvantaged when it comes to immediate medical coverage, they have a significant advantage when it comes to being able to claim compensation through lawsuits. Normally, if a person injured in a car accident wants to file a personal injury lawsuit, they must prove that their injuries meet the ‘serious injury’ threshold. In contrast, motorcyclists do not need to meet this threshold and can bring a lawsuit against the at-fault party for any manner of injury, regardless of the severity.
Conclusion
In our experience practicing as an accident injury attorney in Queens, we at Gabriel Law believe that understanding the unique legal position of motorcyclists in New York is key when it comes to protecting rights and securing compensation.
Owing to the perception that riding a motorcycle is an inherently dangerous activity, New York law has excluded them from receiving the benefits of New York’s no-fault insurance. At the same time, they’ve been given a leg up when compared with others when it comes to the ability to file lawsuits.
If you’ve suffered injuries in a motorcycle accident and are looking for someone to help fight for your rights and secure fair and reasonable compensation, look no further than Gabriel Law. Schedule a free consultation with us, and let’s get started right away.