Motorcyclists, like their car-maneuvering counterparts, need insurance too. In New York State, however, insurance is a little different for motorcyclists.
New York is a no-fault insurance state, which means that, in most cases, certain basic economic losses will be paid by the individual’s own insurance company regardless of fault. When a motorcycle driver or rider is injured in a motor vehicle accident, things are a little different.
Article 51 of the Insurance Law explains the manner in which our no-fault automobile insurance regime functions. Section 5104(a) states that “in any action by or on behalf of a covered person against another covered person for personal injuries arising out of negligence in the use or operation of a motor vehicle in this state, there shall be no right of recovery for non-economic loss, except in the case of a serious injury, or for basic economic loss.”
Legalese aside, this provision basically says that certain New York motorists will receive “basic economic loss” in exchange for a limited right to sue the at-fault motorist. The compromise is that, in exchange for this “basic economic loss,” those New York motorists must show a “serious injury” to recover for pain and suffering.
The Critical Fact Every New York Motorcyclist Must Understand: The No-Fault Insurance Trap
This is perhaps the most important—and most shocking—piece of information for injured motorcyclists in New York. You may have heard about "No-Fault" insurance from friends who have been in car accidents. They might have told you that their own insurance policy automatically paid their initial medical bills and lost wages up to $50,000, regardless of who caused the crash.
Here is the devastating truth: In New York State, motorcycles are not considered “motor vehicles” under the No-Fault Law.
What does this mean for you, the injured rider?
It means that, unlike the driver of a car, you are not entitled to this automatic $50,000 in coverage for your medical expenses and lost income from your own motorcycle policy. After a crash, you are immediately faced with the terrifying reality of mounting medical bills and no paycheck, with no automatic safety net to catch you.
This legal distinction is why motorcycle accidents can be so financially catastrophic. Your injuries are often more severe, yet your immediate access to financial help is far more limited. It places the entire burden of seeking compensation on your shoulders, right at the moment when you are most vulnerable. This is precisely why understanding the other available insurance coverages—and having an experienced advocate on your side—is not just helpful, it’s absolutely essential for your recovery.
Where Does the Money Come From?
Since your own No-Fault coverage won’t pay for your injuries, we must look at other sources of compensation. The process involves identifying who was at fault and piecing together coverage from various policies. This is the puzzle that a skilled personal injury attorney is trained to solve. Let's break down the potential sources of recovery, one by one.
1. The At-Fault Driver’s Liability Insurance
This is the primary source of compensation after a motorcycle accident caused by another driver. Every driver in New York is required to carry liability insurance to cover the harm they cause to others.
- What It Covers: This policy is designed to pay for your damages, including your medical bills, lost wages (past and future), and your pain and suffering. It also covers damage to your motorcycle through its property damage liability portion.
- How It Works After Your Accident: To access this coverage, you must file a claim against the at-fault driver’s insurance company. This requires proving that their driver was negligent and that their negligence caused your injuries. The insurance company will assign an adjuster to your case whose job is to investigate the claim and, ultimately, pay out as little as possible. They may try to argue that you were partially at fault to reduce the value of your claim.
- The Minimum Coverage Problem: New York State law only requires drivers to carry a minimum of $25,000 in bodily injury liability coverage per person. For a serious motorcycle accident, which can easily result in hundreds of thousands of dollars in medical care and lost income, this minimum amount is tragically inadequate. If the driver who hit you only has a minimum policy, it may not even be enough to cover your initial hospital stay. This is where the next types of coverage become critically important.
2. Your Own Underinsured Motorist (UIM/SUM) Coverage
This may be the single most important coverage you have on your own motorcycle insurance policy. Underinsured Motorist (UIM)—also called Supplementary Underinsured Motorist (SUM)—coverage is designed to protect you when the at-fault driver doesn't have enough insurance to cover your full damages.
- What It Covers: UIM/SUM coverage steps in to bridge the gap between the at-fault driver’s low policy limit and the actual value of your injuries. It is a safety net that you purchased for yourself, just for this type of devastating scenario.
- How It Works After Your Accident: Let’s imagine your total damages (medical bills, lost wages, pain and suffering) are valued at $200,000. The driver who hit you only has the minimum $25,000 liability policy. After you have recovered that $25,000 from their insurance, you can then file a claim against your own UIM/SUM policy to recover the remaining $175,000, up to the limits of your UIM/SUM coverage.
- Why It’s So Important: Many people are unaware they have this coverage or how to use it. Filing a SUM claim involves complex legal procedures and strict deadlines. An experienced attorney can ensure these steps are followed correctly, maximizing your recovery from all available sources. Without it, you could be left with enormous uncovered expenses, even when the accident was clearly not your fault.
3. Your Own Uninsured Motorist (UM) Coverage
What happens if the driver who hit you has no insurance at all, or if you are the victim of a hit-and-run? This is where your Uninsured Motorist (UM) coverage comes into play. It is mandatory in New York.
- What It Covers: Your own insurance company steps into the shoes of the missing or uninsured driver and pays for your bodily injuries, including medical bills, lost wages, and pain and suffering, up to your UM policy limits.
- How It Works After Your Accident: You will file a claim directly with your own insurance company. While it may seem like your insurer should be on your side, they will often treat a UM claim just like a liability claim. They will investigate it, question the extent of your injuries, and try to minimize their payout. You still need to prove the extent of your damages and fight for fair compensation.
- The Hit-and-Run Crisis: Hit-and-run accidents are especially common for motorcyclists. Your UM coverage is your primary, and often only, path to financial recovery in these terrifying situations.
4. Your Personal Health Insurance
After an accident, your personal health insurance will be the primary payer for your medical treatments. You must submit your hospital and doctor bills to your health insurer. However, this comes with a significant catch.
- The Issue of Subrogation: When your health insurance company pays for medical bills related to an accident, they will almost always place a lien on your personal injury case. This means they have a legal right to be reimbursed from any settlement you receive from the at-fault driver. For example, if your health plan pays $50,000 for your surgeries, they will demand that $50,000 back from your final settlement.
- How an Attorney Helps: An experienced personal injury lawyer does not simply accept this lien. We will audit the lien to ensure the charges are correct and related to the accident. More importantly, we will negotiate with your health insurance company to significantly reduce the amount they are demanding. Every dollar we save you on the lien is another dollar that goes directly into your pocket to help you rebuild your life.
5. Collision Coverage (For Your Bike)
While your physical recovery is the top priority, we know that your motorcycle is also important to you. Collision coverage is what pays for the damage to your bike.
- What It Covers: This optional coverage pays to repair or replace your motorcycle if it is damaged in a collision with another vehicle or object, regardless of who is at fault. You will have to pay a deductible, which is the amount you agreed to pay out-of-pocket before the insurance kicks in.
- How It Works After Your Accident: You can file a claim with your own insurer to get your bike fixed quickly. If the other driver was at fault, your insurance company may then seek reimbursement from the at-fault driver’s insurer (a process called subrogation). Alternatively, you can file a property damage claim directly against the at-fault driver’s liability policy.
How William Mattar Law Offices Can Lift This Burden from Your Shoulders
Reading through this information can be confusing. You do not have to become an insurance expert overnight. Your job is to focus on your health and your family. Our job is to handle the difficult legal aspects of the case.
As a dedicated personal injury law firm, we assist with your case. Here is what we will do for you:
- We Take Immediate Action: The clock starts ticking the moment an accident happens. There are short deadlines for filing claims and notifying insurance companies. When you call us, our intake specialists guide you through the first critical steps, and our legal team gets to work immediately to preserve evidence and protect your rights.
- We Conduct a Thorough Investigation: We will gather all the evidence needed to prove the other driver was at fault. This includes obtaining the police report, interviewing witnesses, securing traffic camera footage, and, if necessary, hiring accident reconstruction experts.
- We Uncover All Sources of Compensation: We will identify every single insurance policy that could apply to your case—the other driver’s liability, your own SUM/UM coverage, and more. This is one of the most valuable services an attorney provides, as many people are unaware of the full extent of the coverage they are entitled to.
- We Handle All Communication: You will not have to speak to an insurance adjuster again. We will handle every phone call, email, and letter. We will shield you from the stress and pressure tactics that adjusters often use to get you to settle for less than you deserve.
- We Calculate the True Value of Your Claim: We work with medical experts, economists, and life care planners to determine the full, long-term cost of your injuries. This includes not just current medical bills, but future surgeries, ongoing therapy, lost earning capacity, and the profound, non-economic costs of your pain and suffering.
- We Fight for Your Maximum Recovery: We will present a powerful, evidence-based demand to the insurance companies and negotiate aggressively on your behalf. While most cases settle out of court, our opponents know that every attorney at our law firm is a seasoned trial lawyer who is fully prepared to take your case to a jury if that’s what it takes to get you the justice you deserve.
After an accident, the last thing you should worry about is how to pay for a lawyer. That’s why we work on a contingent fee basis.
This means you will never pay us any attorneys’ legal fees upfront. We work on a contingency fee basis. We only get paid attorney’s fees if and when we successfully recover money for you. Our fee is a percentage of the settlement or verdict we obtain on your behalf. If we don’t win your case, you owe us nothing. It’s that simple. This allows you to have a large, established, and powerful law firm on your side, no matter your financial situation.
Take the First Step Toward Justice and Healing
The road ahead may seem long, but it is a road you do not have to travel by yourself. Each passing day can make it more difficult to build a strong claim. Evidence can disappear, and witnesses’ memories can fade. Please do not wait.
Let our experienced legal team take the weight off your shoulders so you can focus on what truly matters: your recovery. William Mattar, P.C. has been standing up for injured victims across New York State for over 30 years. From our principal office in Buffalo to our intake locations in Albany, Rochester, Syracuse, New York City, and Long Island, we are here to help.
Contact us today at (716) 444-4444 or through our online form for your confidential consultation. There is no cost and no obligation. Just a conversation with a caring professional who can answer your questions and tell you how we can help.