Experienced Motorcycle Accident Lawyer in New York

Motorcycle accidents in New York present unique legal challenges due to the state’s no-fault insurance system and the serious injury threshold requirement. While New York’s no-fault law generally limits lawsuits, motorcycle accidents are treated differently — motorcyclists are excluded from no-fault benefits but CAN sue without meeting the serious injury threshold. If you’ve been injured in a motorcycle accident in New York, Attorney Michael Siddons understands these critical distinctions and will fight to maximize your compensation.

New York Motorcycle Accident Laws

New York’s treatment of motorcycle accidents is unique and often misunderstood. Motorcyclists are specifically excluded from New York’s no-fault insurance system under Insurance Law §5103. This means two important things: first, you cannot collect PIP (Personal Injury Protection) benefits from your own motorcycle insurance for medical expenses and lost wages; second, you are NOT subject to the serious injury threshold requirement that car accident victims must meet to file a lawsuit. You can sue the at-fault driver for any injury, not just “serious” ones. New York follows a pure comparative negligence system — you can recover damages even if you were partially at fault, with your award reduced by your percentage of responsibility. The statute of limitations is three years. New York requires all motorcyclists to wear DOT-approved helmets.

Types of Motorcycle Accident Cases We Handle

Our firm handles all types of motorcycle accident cases in New York including left-turn accidents at intersections, rear-end collisions in traffic, lane-splitting accidents, accidents caused by potholes and road defects (especially common in NYC), dooring accidents from parked vehicles, drunk or impaired driver collisions, accidents involving taxis, Ubers, and rideshare vehicles, crashes on the BQE, LIE, Belt Parkway, and other highways, hit-and-run accidents, and wrongful death claims from fatal motorcycle crashes.

Compensation Available in New York Motorcycle Accident Cases

New York motorcycle accident victims may recover compensation for all medical expenses (since PIP does not cover motorcycle accidents), lost wages and future earning capacity, pain and suffering, emotional distress, scarring and disfigurement, loss of enjoyment of life, motorcycle repair or replacement, and punitive damages in egregious cases. Because motorcyclists are excluded from no-fault and can sue for any injury, your path to full compensation may actually be more direct than for car accident victims in New York.

Frequently Asked Questions

Does New York’s no-fault insurance cover motorcycle accidents?

No. Motorcyclists are specifically excluded from New York’s no-fault (PIP) system. This means your own insurance will not cover your medical expenses — but it also means you can sue the at-fault driver without meeting the serious injury threshold that applies to car accidents.

Do I need to meet the serious injury threshold to sue after a motorcycle accident in NY?

No. Because motorcyclists are excluded from the no-fault system, you are NOT required to meet the serious injury threshold under Insurance Law §5102(d). You can sue the at-fault driver for any injury sustained in the accident.

What is the statute of limitations for a motorcycle accident in New York?

You have three years from the date of the accident to file a personal injury lawsuit. If a government entity was involved, you must file a Notice of Claim within 90 days. Contact an attorney promptly.

How does comparative negligence work in New York motorcycle cases?

New York follows pure comparative negligence, meaning you can recover damages even if you were 99% at fault — your award is simply reduced by your percentage of responsibility. This is more favorable to accident victims than most neighboring states.

What if I wasn’t wearing a helmet?

New York requires all motorcyclists to wear DOT-approved helmets. Not wearing a helmet may reduce your damages if you suffered head injuries, but it does not bar your entire claim. An experienced attorney can help minimize the impact on your recovery.