No. New York's no-fault insurance system does not cover motorcyclists. Article 51 of the New York Insurance Law, the state's Comprehensive Motor Vehicle Insurance Reparations Act, defines which vehicles qualify for no-fault benefits, and motorcycles are excluded from that definition. If you are injured riding anywhere in New York State, your own insurance company will not automatically pay your medical bills or lost wages the way it would after a car accident.
Key facts for injured riders
- Motorcyclists are excluded from New York no-fault coverage under Insurance Law Article 51, so no insurer pays medical bills automatically after a crash.
- Most compensation comes through a liability claim against the at-fault driver, which means fault must be proven for every dollar recovered.
- The exclusion cuts both ways. Riders are exempt from the “serious injury” threshold in Insurance Law § 5102(d), so they can sue the at-fault driver directly without clearing that bar.
- The filing deadline for most New York motorcycle injury claims is three years under CPLR 214, but crashes involving municipal vehicles or road defects can require a notice of claim within 90 days under General Municipal Law § 50-e.
Many riders first learn about the exclusion when the first hospital bill arrives and their insurer confirms there is no Personal Injury Protection to draw on. This page explains what the exclusion means in practice, which sources pay your medical bills instead, and one legal advantage the exclusion gives riders: the serious injury threshold does not apply to motorcycle claims.New York’s no-fault system pays car occupants automatically, but motorcyclists are excluded and must recover from the at-fault driver.
What no-fault covers, and why motorcyclists are excluded
New York adopted no-fault insurance in the 1970s to get crash victims paid quickly without litigating fault over every claim. Under the system, an injured car occupant’s own policy pays what the statute calls basic economic loss, up to $50,000 per person under Insurance Law § 5102(a). That covers necessary medical treatment, 80 percent of lost earnings up to $2,000 a month for as long as three years, and certain other reasonable expenses, all regardless of who caused the crash.
Motorcycles were excluded when the law was enacted, so New York treats car crashes and motorcycle crashes under two different systems. A car occupant’s own insurer pays basic economic loss automatically. An injured motorcyclist must prove the other driver’s fault before any compensation is paid.
| Coverage question | Car occupant | Motorcyclist |
|---|---|---|
| Who pays initial medical bills | Own insurer, automatically, through PIP | No automatic payer |
| Lost wages covered automatically | Yes, within PIP limits | No |
| Must prove fault to recover | No, for basic economic loss | Yes, for everything |
| Must meet the serious injury threshold to sue | Yes, under Insurance Law § 5102(d) | No |
| Source of compensation | PIP first, then a liability claim | Liability claim against the at-fault driver |
According to the National Highway Traffic Safety Administration, 6,228 motorcyclists were killed in US traffic crashes in 2024, about 16 percent of all traffic deaths, and riders are roughly 27 times more likely than passenger car occupants to die per vehicle mile traveled. The riders most likely to suffer severe injuries are also the group the automatic-payment system excludes.
Who pays your medical bills instead
In the gap before a liability claim resolves, bills are typically handled through one or more of the following sources, roughly in this order.
- Your health insurance. The main bridge for most riders. Use it from day one. Expect the health plan to assert a right of repayment, called a lien or subrogation interest, out of any settlement, which is usually negotiable later.
- Medical payments coverage, if you purchased it as an optional add-on to your motorcycle policy. It pays up to its stated limit regardless of fault. Many New York riders carry none and do not realize it. Check your declarations page.
- Medicaid or Medicare, where applicable, each with statutory repayment rights against the eventual recovery.
- The liability claim itself. The at-fault driver’s insurer pays at the end, as part of a settlement or judgment, never as the bills arrive.
This timing gap is the biggest financial pressure point in a New York motorcycle case. Insurers know that bills accumulating with no automatic payer push riders toward early, low settlement offers. William Mattar, P.C. is a New York firm that handles motor vehicle accident cases, including motorcycle cases.
One advantage for riders: no serious injury threshold
Because riders sit outside the no-fault system, the serious injury threshold does not apply to them. A car occupant in New York cannot sue for pain and suffering unless the injuries meet one of the statutory definitions in Insurance Law § 5102(d), such as a fracture or significant disfigurement. Courts dismiss car cases on this threshold regularly.
That threshold does not apply to motorcyclists. A rider can bring a claim against the at-fault driver directly, for the full range of damages: medical expenses, lost income and earning capacity, future treatment, and pain and suffering, provided fault can be proven. New York law pays a rider nothing automatically, but it also places no statutory barrier between the rider and a full liability claim.
What about uninsured and underinsured drivers
If the driver who hit you carries no insurance, your own policy’s uninsured motorist coverage applies. If the driver carries only New York’s minimum liability limits, which are low relative to the cost of serious injuries, supplementary underinsured motorist coverage, known as SUM, can make up part of the difference if you purchased it. SUM claims are governed by New York Department of Financial Services regulations and your policy’s terms, and they carry strict notice requirements. Many riders carry SUM coverage without realizing it, so the policy declarations page should be reviewed after any serious crash.
What to do in the first few weeks after a motorcycle crash
Everything in a New York motorcycle claim runs through proving the other driver’s fault, because there is no fallback system paying in the background. That changes the early priorities.
- Get every injury documented immediately, even ones that seem minor. Injuries that are not in the medical record are difficult to claim at settlement, and gaps in treatment give the insurer an argument that you were not seriously hurt.
- Keep every bill, receipt, prescription, and wage record. These documents are the basis for proving economic damages.
- Be careful with the other driver’s insurer. You are not required to give a recorded statement, and early statements are routinely used to build comparative fault arguments against riders under CPLR 1411.
- Watch the deadlines. Three years under CPLR 214 for most claims, 90 days for a notice of claim where a municipal vehicle or road defect is involved, and two years for wrongful death under EPTL 5-4.1. Every case is unique; it is advisable to speak with an attorney as soon as possible.
Frequently asked questions
Does no-fault insurance apply to motorcycles in New York?
No. Motorcycles are excluded from the no-fault system under Insurance Law Article 51. Riders receive no automatic medical or wage benefits and recover through a liability claim against the at-fault driver.
Do I need to meet the serious injury threshold to sue after a motorcycle accident in New York State?
No. The threshold in Insurance Law § 5102(d) applies only to claims covered by no-fault. Because motorcycles are excluded, the threshold does not limit a rider’s lawsuit.
Will my motorcycle insurance pay my hospital bills?
Only if you purchased optional medical payments coverage, and only up to its limit. A standard New York motorcycle liability policy does not include PIP-style medical coverage for the rider.
Does the no-fault exclusion apply to my passenger too?
Yes. A motorcycle passenger is also outside the no-fault system. The passenger pursues a liability claim, which may run against the other driver, the motorcycle operator, or both, and a passenger is typically not assigned fault for the collision itself.
What if the driver who hit me was uninsured?
Your own uninsured motorist coverage applies, and SUM coverage if you carry it. Both involve notice requirements that can be short, so the policy should be reviewed quickly after the crash.
How long do I have to bring a motorcycle accident claim in New York?
Three years after the crash for most injury claims under CPLR 214. Ninety days to file a notice of claim if a municipal vehicle or road defect is involved, with suit against a municipality due within 1 year and 90 days under General Municipal Law § 50-i, and two years for wrongful death claims under EPTL 5-4.1.
Hurt on your motorcycle anywhere in New York State? The motorcycle accident attorneys at William Mattar can review your insurance coverage and explain who pays what in your situation. Offices and intake locations in Williamsville, Buffalo, Rochester, Syracuse, Albany, and on Long Island, serving riders across New York State. Call (844) 444-4444 for a free case review, available 24/7.
About William Mattar Accident Lawyers
William Mattar Accident Lawyers is a New York law firm that handles motor vehicle accident cases and has represented injured people for over 30 years, with its principal office in Williamsville and offices and intake locations in Buffalo, Rochester, Syracuse, Albany, and on Long Island. The firm represents motorcycle, car, truck, bus, pedestrian, and rideshare accident victims throughout New York State under its No Fee Until We Win℠ promise, with free case reviews available 24/7 at (844) 444-4444.
Sources
- New York Insurance Law Article 51 (Comprehensive Motor Vehicle Insurance Reparations Act), including §§ 5102(a) and 5102(d)
- New York Civil Practice Law and Rules § 214; CPLR § 1411
- New York General Municipal Law §§ 50-e and 50-i
- New York Estates, Powers and Trusts Law § 5-4.1
- National Highway Traffic Safety Administration, Motorcycle Safety, 2024 data
- New York State Department of Financial Services, supplementary uninsured/underinsured motorist (SUM) coverage regulations
Attorney Advertising. This article provides general information about New York law and is not legal advice for any specific situation. Prior results do not guarantee a similar outcome. Last updated June 2026.