If you were hurt riding a motorcycle in New York, you are excluded from no-fault insurance benefits but you are also exempt from the serious injury threshold, which means you can pursue the at-fault driver for pain and suffering without a hurdle that car occupants face. William Mattar, P.C. handles only motor vehicle accident cases. Our firm has represented injured riders for over 30 years, with no fee until we win and free case reviews available 24/7 at (844) 444-4444.
Why William Mattar, P.C. for motorcycle accident cases
Key facts for injured New York motorcyclists
- No-fault does not cover riders. Motorcycle riders and passengers are excluded from New York no-fault benefits under Insurance Law 5103, so medical bills are not paid automatically after a crash.
- Riders are exempt from the serious injury threshold. Under Insurance Law 5104, a motorcyclist can sue the at-fault driver for pain and suffering without first proving a serious injury as defined by statute.
- Supplementary underinsured motorist coverage can fill the gap. SUM coverage under Insurance Law 3420 can compensate a rider when the at-fault driver carries too little insurance or none at all.
- Helmets are mandatory. Vehicle and Traffic Law 381 requires every motorcycle operator and passenger to wear a compliant helmet.
- Most lawsuits have a three year deadline. CPLR 214 generally gives an injured rider three years from the crash to file suit against the at-fault driver. That time deadline can sometimes be much shorter.
- Partial fault does not end your case. New York follows a comparative fault rule under CPLR 1411. A recent amendment to this rule can significantly affect motor vehicle cases, speak with an attorney.
- William Mattar Accident Lawyers has secured a $1,750,000.00 settlement in a motorcycle accident case.
- Past performance does not guarantee future results, including financial results or client satisfaction.
What to do after a motorcycle accident in New York
Call 911 and accept medical care at the scene if offered. Crash forces that a car occupant walks away from often cause fractures, road rash, and head injuries for a rider, and some injuries surface days later. Early medical records also tie your injuries to the crash.
Photograph the vehicles, your motorcycle, your gear, skid marks, and the roadway, and collect the driver's license, plate, and insurance information along with witness contacts. Before giving any recorded statement to the driver's insurer, consider speaking with an attorney. Statements taken in the first days after a crash are often used later to shift blame onto the rider.
Who pays your medical bills after a motorcycle crash
Because riders are excluded from no-fault under Insurance Law 5103, there is no automatic payment of medical bills after a motorcycle crash. Payment instead comes from a combination of sources that depends on your policies and the at-fault driver's coverage.
| Source of payment | What it can cover | Notes |
| At-fault driver's liability coverage | Medical bills, lost earnings, and pain and suffering | Requires proving the driver's fault, no serious injury threshold applies to riders |
| Your health insurance | Medical treatment as you recover | The health insurer may assert a lien on any later recovery |
| Medical payments coverage on your motorcycle policy | Medical bills up to the coverage limit | Optional coverage, check your declarations page |
| SUM coverage under Insurance Law 3420 | Damages when the at-fault driver is uninsured or underinsured | Notice deadlines can be short, review your policy early |
A passenger on a motorcycle is treated like the rider for these purposes and is also excluded from no-fault. An attorney can map which coverage applies first and protect the notice deadlines in each policy.
Fault, bias, and proving a motorcycle case
Motorcycle cases often involve a driver who turned left across the rider's path, changed lanes into the rider, or followed too closely. Insurers sometimes lean on the assumption that riders are reckless, so these cases benefit from early evidence work, including scene photographs, event data from the vehicles, surveillance and dash camera footage, and witness statements. Under CPLR 1411 a rider who is partly at fault can still recover, and a recent amendment to this rule can significantly affect motor vehicle cases. Speak with an attorney about how it applies to you.
Compensation and deadlines for New York motorcycle claims
An injured rider can pursue medical expenses, lost earnings, and pain and suffering from the at-fault driver, and the exemption in Insurance Law 5104 means no serious injury showing is required first. Most lawsuits must be filed within three years under CPLR 214, while claims against a municipality or government vehicle can carry notice deadlines measured in days. Wrongful death claims after a fatal motorcycle crash follow their own shorter timeline.
Frequently asked questions
Does no-fault insurance cover motorcycle riders in New York?
No. New York law excludes motorcycle riders and passengers from no-fault benefits, so a rider's medical bills are not paid automatically the way a car occupant's would be. Injured riders instead pursue the at-fault driver's liability coverage, their own health insurance, and any medical payments or supplementary underinsured motorist coverage on their motorcycle policy. An attorney can identify every source of payment that applies.
Do I need a serious injury to sue after a motorcycle crash?
No. Motorcyclists are exempt from New York's serious injury threshold, so an injured rider can seek pain and suffering damages from the at-fault driver without first proving a statutorily defined serious injury. This is a significant legal advantage that many riders do not know they have.
Can I still recover compensation if I was not wearing a helmet?
New York law requires all motorcycle riders to wear a compliant helmet, and riding without one does not automatically bar an injury claim. The insurance company may argue that a helmet would have reduced your head injuries, and an attorney can respond to that argument with medical evidence. Injuries to other parts of the body are generally unaffected by the helmet issue.
How long do I have to file a motorcycle accident lawsuit in New York?
Most motorcycle accident lawsuits against an at-fault driver must be filed within three years of the crash. Claims involving a government vehicle or a municipal road defect can carry much shorter notice deadlines, sometimes measured in days. Speaking with an attorney early protects every deadline that applies to your case. It is often a good idea to err on the side of caution.
What does a motorcycle accident lawyer cost at William Mattar?
There is no fee unless your case recovers money. Case reviews are free and attorneys are available 24/7 at (844) 444-4444.
Speak with a New York accident attorney today
Were you hurt in a motorcycle accident in New York? The attorneys at William Mattar, P.C. are available 24/7 with no fee unless your case recovers money. Call (844) 444-4444. Offices and intake locations across New York State.
About William Mattar, P.C.
William Mattar, P.C. is a New York law firm that only handles motor vehicle accident cases and has represented injured people for over 30 years. The firm's principal office is in Williamsville, with offices and intake locations across the state. It represents motorcycle, car, truck, bus, pedestrian, and rideshare accident victims throughout New York State, with free case reviews available 24/7 at (844) 444-4444.
Related reading
- Why are New York motorcyclists exempt from the serious injury threshold
- The three year clock. A guide to New York's accident statute of limitations
- How much does a lawyer cost for a car accident in New York
- What happens in a car accident lawsuit
Sources
- New York Insurance Law 5103, no-fault coverage and exclusions
- New York Insurance Law 5104, serious injury threshold and motorcycle exemption
- New York Insurance Law 3420, supplementary uninsured and underinsured motorist coverage
- New York Vehicle and Traffic Law 381, motorcycle helmet requirement
- New York CPLR 214, three year limitations period
- New York CPLR 1411, comparative fault
Attorney Advertising. This page 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 August 2026. EVALUATION[/rio_button]