New York law treats riders differently from drivers — in one way that hurts and one that helps. Most people learn about the first from a hospital bill and never learn about the second at all.
Attorney Jordan Stern handles your case personally, from the first call through the resolution. He has represented injured New Yorkers for over 30 years, across Nassau and Suffolk County, from the firm's office in Freeport.
Free consultation. No fee unless we recover money for you.
Does no-fault cover a motorcycle accident?
No — and most riders find this out at the worst possible moment.
New York's no-fault law defines "motor vehicle" in a way that deliberately leaves motorcycles out. (Insurance Law § 5102(f)) Operators and passengers on a motorcycle are not entitled to no-fault benefits, so there is no $50,000 pool paying your medical bills and lost wages while the claim is sorted out.
The exclusion follows the vehicle, not the person, so owning a car does not help here — you cannot claim no-fault benefits through your auto policy for injuries you suffered on a bike. What covers treatment instead is your health insurance, and any medical payments coverage you purchased on the motorcycle policy. A household auto policy still matters, but for a different reason: its underinsured motorist coverage may become the most valuable coverage in the case. Sorting all of this out early matters, because the bills arrive long before any settlement.
Do I have to prove a "serious injury"?
No, and this is the part of the trade-off that works in your favor.
A driver injured in a car accident cannot recover for pain and suffering unless the injury clears New York's serious injury threshold. Because motorcyclists sit outside the no-fault system, that threshold does not apply to a rider's claim against the driver who caused the crash. You can pursue a full claim from the first dollar of loss, without first proving a fracture or a permanent limitation. The same holds for a passenger on the bike. Cyclists, by contrast, are inside the no-fault system and do have to meet it.
Very few riders know this. It is the single most important reason not to accept an early offer on the assumption that a "minor" injury is not worth pursuing. (The analysis is different where a rider is the one being sued, which is worth asking about if the fault is disputed.)
The 2026 comparative fault change should not reach your claim
A 2026 amendment made partial fault far more dangerous in ordinary motor vehicle cases: a claimant whose share of the fault is greater than that of the party sued now recovers nothing at all from them. (CPLR § 1411(b)) That provision applies to personal injury actions subject to article 51 of the Insurance Law — the no-fault article.
Motorcycles are written out of that article by the same definition discussed above. (Insurance Law § 5102(f)) So the exclusion that costs a rider no-fault benefits also keeps the harsher new fault rule off a rider's claim: partial fault should still reduce a recovery proportionally rather than wipe it out. (CPLR § 1411(a))
This is a meaningful advantage, and it is worth raising early where the driver's insurer is arguing you were mostly to blame.
What if I wasn't wearing a helmet?
New York requires a DOT-approved helmet for every operator and passenger, with no age or experience exemption. (VTL § 381)
Not wearing one does not bar your claim, and it cannot be treated as a cause of the collision itself — a driver who turned across your path caused that. What the defense will argue is that a helmet would have reduced a head injury, and damages for that injury can be cut by your share of responsibility.
It also does not reach the rest of the case. Broken bones, road rash, and spinal injuries are not made worse by the absence of a helmet, and the argument does not apply to them.
What if the driver says he never saw me?
It is the most common thing an at-fault driver says, and it usually describes a left turn across an oncoming rider or a lane change into one.
It is not a defense. But it points at the real problem in these cases: the assumption — by adjusters, and sometimes by jurors — that a rider must have been going too fast or taking chances. Countering that takes physical proof rather than argument, and the material that provides it is perishable: the position of the vehicles, the damage patterns, sight lines at the intersection, and where the debris came to rest.
Is the other driver's insurance enough?
Often not. New York's minimum bodily injury coverage is $25,000 per person, and a serious motorcycle injury passes that in the first days of hospitalization.
Which is why underinsured motorist coverage on your own policy matters so much to riders, and why you should not sign a release with the at-fault driver's insurer before your own carrier has been given notice and the chance to consent. Doing so can end the underinsured claim entirely.
How long do I have?
Three years from the date of the crash for most claims, and two years for a wrongful death claim. If a government vehicle was involved, a notice of claim is generally due within 90 days.
Waiting is still the wrong instinct. The physical evidence described above degrades within weeks, and an insurer's first offer usually arrives long before anyone knows what the injury will actually cost.
Riders don't have to clear the serious injury threshold.
Speak with Jordan Stern directly. The consultation is free, and there is no fee unless we recover.
Common questions
New York doesn't authorize lane splitting the way some other states do. If it comes up in your case, it would likely be treated as a comparative fault question rather than something that bars your claim outright — worth discussing directly, since the specifics matter.
Property damage to the bike is generally a separate claim from the injury claim — usually through the at-fault driver's property damage liability coverage, or your own collision coverage if you have it.
Not having one doesn't bar an injury claim against a negligent driver, though it could be raised as a comparative fault factor — similar to how the absence of a helmet is treated above.
Each rider generally has a separate claim, and the insurance available may need to be divided among everyone injured — worth discussing early, since per-person and per-accident limits both come into play.
Speak with Jordan Stern
Injured riding anywhere on Long Island? The consultation is free and the conversation is confidential.
Stern & Stern · 49 West Merrick Road, Freeport, NY 11520
516-634-0345 · jstern@jordansternlaw.com · Se habla español
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