A passenger hurt on a motorcycle is in a stronger position than the rider in one way and the same position in another. The strength: a passenger almost never shares blame for the crash, because the passenger was not operating either vehicle. The catch: a passenger is still excluded from no-fault under Insurance Law Article 51, just like the rider, so there is no automatic coverage and the recovery comes from a liability claim. What makes a passenger claim different is who pays. A passenger can often recover from more than one party, including, in some cases, the operator of the motorcycle they were riding on.
William Mattar, P.C. has handled motor vehicle accident cases for more than 30 years, from offices and intake locations across the state. This page explains who a motorcycle passenger can recover from in New York and how those claims work.
Key facts for injured motorcycle passengers
- A passenger is rarely assigned fault for the collision, because the passenger did not control the motorcycle or the other vehicle.
- A passenger is excluded from no-fault under Insurance Law Article 51, the same as the rider, so the passenger recovers through a liability claim rather than automatic benefits.
- A passenger can recover from whoever caused the crash, which may be the other driver, the motorcycle operator, or both.
- If the at-fault party has no or too little insurance, the passenger’s own uninsured or underinsured (SUM) coverage, or a household policy, may apply.
- The deadline to file is usually three years under CPLR 214, with shorter notice deadlines when a government vehicle is involved under General Municipal Law § 50-e.
A passenger is almost never at fault
Fault in a crash generally falls on the people operating the vehicles, not on a passenger sitting behind the rider. A passenger does not steer, brake, or choose the line, so the comparative negligence that insurers use against riders generally does not apply to a passenger for causing the collision. There are narrow exceptions, such as a passenger who grabbed the controls or distracted the operator, but in the ordinary case the passenger’s conduct is not in question. That often makes liability the easier part of a passenger claim and moves the focus to who is responsible and what insurance is available.
Who a passenger can recover from
The answer depends on who caused the crash. A passenger’s claim can run against the other driver, against the operator of the motorcycle, or against both when fault is shared. When the responsible party has no insurance or not enough, the passenger’s own coverage can fill the gap. The table sets out the common situations.
| What happened | Who the passenger can recover from |
| Another driver caused the crash | The at-fault driver’s liability insurer. |
| The motorcycle operator caused the crash | The operator’s liability insurer (often a friend or family member, but it is the insurance that pays, not the person). |
| Both the operator and another driver were at fault | Both, with the recovery apportioned between them. |
| The at-fault party had no or too little insurance | The passenger’s own uninsured (UM) or supplementary underinsured (SUM) coverage, or a household policy that covers them. |
No-fault excludes passengers too
A common assumption is that a passenger is covered even if the rider is not. That is not how New York treats it. Because motorcycles are excluded from no-fault under Insurance Law Article 51, neither the rider nor the passenger receives automatic Personal Injury Protection benefits. The passenger’s medical bills and lost wages are not paid as they come in; they are recovered at the end of a liability claim. One advantage comes with that exclusion: because the passenger sits outside no-fault, the serious injury threshold in Insurance Law § 5102(d) does not bar the claim, so the passenger can pursue the full range of damages once fault is shown.
Claiming against the motorcycle operator, even a friend or family member
The hardest part of many passenger claims is personal, not legal. If the operator was the one who caused the crash, the passenger’s claim is against that operator, who is frequently a spouse, partner, or friend. Pursuing the claim can mean accessing the insurance coverage they bought. Declining to make the claim usually just leaves the passenger’s own bills unpaid.
Helmets and the passenger’s claim
New York requires a motorcycle passenger to wear a compliant helmet under VTL § 381(6), the same as the operator. Wearing one strengthens the claim. Not wearing one does not bar it, though the insurer may argue it worsened a head injury, an argument limited to injuries a helmet would have prevented and answered with medical evidence.
Deadlines
A passenger’s injury claim follows the same New York deadlines as any motorcycle claim: three years to file under CPLR 214, two years for wrongful death under EPTL § 5-4.1, and as little as 90 days to serve a notice of claim under General Municipal Law § 50-e when a government vehicle is involved. The evidence that proves fault still disappears within days, so the claim should be reviewed early even though the filing deadline is years out. Every case is unique, so it is advisable to speak with an attorney as soon as possible.
Frequently asked questions
Can a motorcycle passenger be blamed for the accident in New York?
Not usually. A passenger does not operate the motorcycle, so the comparative-fault arguments used against riders generally do not apply, except in unusual cases such as grabbing the controls or distracting the operator.
Can I sue the driver of the motorcycle I was riding on?
Yes, if that operator caused the crash. The claim is paid by the operator’s liability insurance, which is what that coverage is for, even when the operator is a friend or family member.
Does no-fault cover me as a motorcycle passenger?
No. Passengers are excluded from no-fault along with the rider under Insurance Law Article 51, so a passenger recovers through a liability claim rather than automatic benefits.
What if the driver who caused my crash had no insurance?
Your own uninsured or underinsured motorist coverage, or a household policy that covers you, may apply. These claims carry short notice deadlines, so the policy should be reviewed quickly.
Hurt as a passenger on a motorcycle anywhere in New York? William Mattar, P.C.’s motorcycle accident attorneys identify every source of recovery, including coverage you may not know applies to you, at no cost. Offices and intake locations in Williamsville, Buffalo, Rochester, Syracuse, Albany, and on Long Island, serving riders across New York State. Call (844) 444-4444
About William Mattar Accident Lawyers, P.C.
William Mattar, P.C. is a New York law firm that handles only motor vehicle accident cases and has represented injured people for over 30 years, with its principal office in Williamsville and offices and intake locations across the state. 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
Related reading from William Mattar
- Does No Fault Insurance Cover Motorcycle Accidents in New York State
- Who Pays the Medical Bills After a Motorcycle Crash in New York State
- Proving Fault When a Car Turns Left in Front of a Motorcycle
- Average Motorcycle Accident Settlement in New York State
- How to Find the Best Motorcycle Accident Law Firm in New York State
Each of the above is part of William Mattar’s New York State motorcycle accident resource library.
Sources
- New York Insurance Law Article 51, including § 5102(d)
- New York Civil Practice Law and Rules § 214
- New York General Municipal Law § 50-e
- New York Estates, Powers and Trusts Law § 5-4.1
- New York Vehicle and Traffic Law § 381(6)
- New York Department of Financial Services, uninsured (UM) and supplementary 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.