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Motorcycle Accident Lawyer in NYC and Long Island
Motorcycle cases are car cases with worse injuries and a procedural twist. New York no-fault PIP does not cover motorcyclists at all, which means your medical bills are not automatically paid by anyone after a crash. The serious-injury threshold under Insurance Law §5102(d) still applies for the pain-and-suffering case, but you need to plan for the medical-bills gap from the day of the crash forward. Prior results do not guarantee a similar outcome. Call 718-261-0546.
The no-fault gap
NY Insurance Law §5103(a)(1) explicitly excludes motorcycles from the PIP system. After a crash:
- Your motorcycle insurance's MedPay coverage (if you bought it) covers some medical bills.
- Your health insurance covers the rest, but typically with copays and deductibles you owe.
- The at-fault driver's bodily-injury liability pays at settlement or verdict, not at the time of treatment.
- Your motorcycle's UM/SUM coverage (Uninsured / Supplementary Underinsured Motorist) pays when the at-fault driver has no insurance or not enough.
The practical effect: medical bills pile up while the case develops. We work the case aggressively to settle as quickly as feasible without compromising the long-tail damages, and we coordinate with your health insurance and Medicare/Medicaid liens through the settlement.
The left-turn case
The most common motorcycle crash mechanism is a car turning left across the motorcycle's path. The motorcycle has the right of way under VTL §1141 (failure to yield to oncoming traffic when turning left). The car driver did not see the motorcycle or misjudged the speed.
The defense argument is almost always one of two things: the motorcycle was speeding, or the motorcycle was not visible. We counter with:
- Speed reconstruction using engineering experts when the case justifies it.
- The driver's cell-phone records to establish distraction.
- Sun-angle and visibility analysis for time-of-day cases.
- Witness statements about the motorcycle's headlight and the driver's attention.
Left-turn cases settle high when liability is clear and the rider's injuries are serious.
The dooring case
A parked car opens its door into a motorcycle lane. The rider hits the door or swerves and crashes. This is VTL §1214: the driver and passengers have a duty to check for oncoming traffic before opening a door. It is per-se negligence.
The case turns on witnesses, video, and the door damage. Dooring of cyclists is more common than dooring of motorcyclists in NYC, but the legal framework is the same.
The laid-down or no-contact case
A car cuts you off, you swerve and lay the bike down to avoid a worse collision. The car never touched you. You still have a case if the car's negligent conduct caused the evasive action. The challenge is proof: without contact, the case rests on witnesses, video, or the at-fault driver's admission.
We work up no-contact cases with the police report, witness affidavits, and any nearby dash-cam footage. The recovery is the same as a contact case if liability holds.
Helmet law and comparative fault
NY VTL §381(6) requires helmets for motorcycle operators and passengers. Not wearing one is evidence of comparative fault for any head or neck injury, but not for unrelated injuries like a broken leg. Under CPLR §1411 pure comparative fault, your recovery is reduced by your percentage of fault but never barred.
A head-injury case with a helmet failure is fact-intensive. A non-helmet rider who suffered a femur fracture (not a head injury) is unaffected by the helmet question for that injury. We work up the case on the specific injuries and apply the comparative-fault percentages where they actually attach.
Lane splitting is illegal in NY
NY VTL §1252(c) prohibits lane splitting (riding between two lanes of slow or stopped traffic). California is the only state where lane splitting is explicitly legal. A NY rider lane-splitting at the time of a crash faces a strong comparative-fault argument. We see this most often on the LIE and the Cross Bronx during traffic jams.
UM/SUM coverage is critical
Many at-fault drivers in NYC carry the state-minimum $25,000 in bodily-injury coverage. That is nowhere near enough for a serious motorcycle injury. Your own motorcycle policy's UM/SUM coverage stacks on top and pays the difference. We file the UM/SUM claim in arbitration against your own carrier in parallel with the lawsuit against the underinsured driver.
If you do not have UM/SUM on your motorcycle policy, check your household auto policies. UM/SUM coverage from another household member's car policy can sometimes apply to your motorcycle crash. We pull every policy in the household to find coverage.
What about a motorcycle group ride?
Riders in a group, the lead rider gets hit, the trailing riders go down. Each rider's case is separate but the facts of the lead-rider collision are the foundation for all of them. We have handled multi-rider cases out of group rides on the Palisades and on Long Island. Documentation of who was in what position and at what time is critical.
What to do after a motorcycle crash
- 911 and the ER. Always. Motorcycle crashes carry hidden internal injuries that don't show for hours.
- Get the driver's information. Driver's license, registration, insurance card.
- Photograph everything. The car, your bike, the road, your injuries, any debris pattern.
- Witnesses. Names and phone numbers.
- Do not give a recorded statement to the at-fault driver's insurer. They will call. Refer them to your lawyer.
- Document your gear. Helmet (especially), jacket, boots, gloves. If your helmet was damaged, that is evidence.
- Call us within the first week. 718-261-0546. We come to you.
Concierge service: we come to you
You do not have to come to the office. Our concierge meets you at home, the hospital, the rehab facility, or anywhere in NYC or Long Island.
Talk to Nick
Free consultation. No fee unless we win. Twenty-two years on personal injury cases in New York. Call 718-261-0546 or tell us what happened. Hablamos español.
Related: Personal Injury Lawyer NYC · Car Accident Lawyer Queens · Truck Accidents · Bicycle Accidents
Attorney Advertising. Prior results do not guarantee a similar outcome. This page is informational and does not create an attorney-client relationship.
Law Offices of Nicholas Rose, PLLC | 102-11 Metropolitan Avenue, Forest Hills, NY 11375 | (718) 261-0546 | nicholas@nroselaw.com
Common questions.
No. Motorcycles are explicitly excluded from no-fault PIP coverage under Insurance Law §5103(a)(1). That means your medical bills are not automatically paid by the at-fault driver's carrier. You rely on your own health insurance, your motorcycle's optional medical-payments coverage, or you wait for the bodily-injury settlement. This is one of the biggest practical differences between a motorcycle case and a car case.
No, but it may reduce it. NY VTL §381(6) requires helmets for motorcycle operators and passengers. Not wearing one is evidence of comparative fault for any head or neck injury (not for unrelated injuries like a broken leg). Under CPLR §1411 pure comparative fault, your recovery is reduced by your percentage of fault but never barred. Severity of head injury often dwarfs the comparative-fault reduction.
If you have UM/SUM (Uninsured / Supplementary Underinsured Motorist) coverage on your own motorcycle policy or your household auto policies, you can file a claim against your own carrier for the difference. Most motorcycle riders carry the state-minimum $25,000 BI per person but their own UM/SUM stacks much higher. We file the SUM claim in arbitration against your own carrier in parallel with the lawsuit against the underinsured driver.
A car turning left across a motorcycle's path is almost always at fault under VTL §1141 (failure to yield to oncoming traffic when turning left). The defense is usually that the motorcycle was speeding or invisible. We work up speed-reconstruction with engineering experts when needed and pull the at-fault driver's cell-phone records to establish distraction. Left-turn cases settle high when liability is clear.
Yes. A no-contact motorcycle case (the so-called 'phantom vehicle' or laid-down case) is still actionable if the at-fault driver's negligent conduct (cut-off, sudden lane change, failure to signal) caused you to take evasive action. We need witnesses, video, or the at-fault driver's admission to prove the chain. The recovery is the same as a contact case if liability holds.
No. Lane splitting (riding between two lanes of slow or stopped traffic) is illegal in NY under VTL §1252(c). A rider lane-splitting at the time of a collision will face a strong comparative-fault argument. New York is one of the most lane-split-hostile states; California is the only state where it is explicitly legal.
Free consultation. No fee unless we win.
Call 718-261-0546 or use the form. I answer my own phone during business hours, and the answering service patches urgent calls through after hours.
Twenty-two years on these cases. Boutique New York City practice with a real team behind it. Bilingual concierge on staff. Hablamos español. Arabic spoken on request.