As a motorcyclist, you are at a higher risk of experiencing serious injuries or dying in a vehicle accident than the average driver. According to the National Highway Traffic Safety Administration, motorcyclists were 28 times more likely to die in a motor vehicle crash than passenger car occupants in 2023. Understanding your rights as an injured rider can help you assess how to move forward.
A New York motorcycle accident lawyer can represent you through the claims process.
How New York’s No-Fault Accident Laws Impact Motorcyclists
New York follows a no-fault policy for pursuing compensation after a vehicle accident. Typically, all drivers involved in a crash make a claim with their own insurance provider, regardless of who was at fault. Unfortunately, Insurance Law 5103 specifically excludes motorcycle operators and their passengers from no-fault benefits.
This means that if you are injured in a motorcycle accident, your insurance will not cover your medical expenses unless you have optional medical payments coverage. Otherwise, you would generally need to prove that someone else was negligent in order to seek compensation for your accident damages.
Options for Pursuing Compensation After a Motorcycle Accident
Making an insurance claim after a motorcycle accident may not be as simple for motorcyclists as for other drivers. Your first step should generally be to contact your insurance provider and determine whether you have any coverage that applies to your expenses in the accident.
You may have purchased medical payments (MedPay) coverage as an optional add-on. This coverage can pay between $5,000 and $10,000 per person for medical expenses after a car accident. It applies to the insured motorist and their passengers, regardless of who was at fault for the accident.
If another driver was at fault, you may be able to pursue an insurance claim through their policy. If that driver is uninsured, you can explore whether you have uninsured motorist coverage, which is an optional form of coverage for motorcyclists in New York.
A New York motorcycle accident attorney at the Wohlgemuth Law Firm PLLC can represent you through the compensation process.
New York’s Comparative Fault Law and Motorcycle Accidents
Under New York law, assigning blame in vehicle accidents follows a pure comparative fault system. This means that you can still recover damages even if you were partially to blame for the motorcycle accident, but your payout would be reduced by your percentage of fault.
For example, if it is determined that you are 30% at fault for the accident, you would only be able to seek 70% of your damages from other parties involved in the accident. You would have to seek the other 30% from your own insurance provider, which may not be possible depending on your coverage. This means that the fault determination in your accident directly affects your payout.
Insurance companies might look to several types of evidence to determine fault, such as:
- Police reports from the accident
- Photos of the accident scene
- Dashcam and video footage of the accident
If you disagree with the insurance company’s liability determination, your legal representation can help you understand your options. You might be able to present additional evidence with the help of your motorcycle crash attorney to help show that you were not at fault for the accident.
Discuss Your Case With a Brooklyn Motorcycle Accident Lawyer
Seeking compensation after a motorcycle accident may not be a straightforward process. It can be beneficial to work with a New York motorcycle accident lawyer as you navigate this process and uphold your legal rights.
Request a consultation with the Wohlgemuth Law Firm PLLC today at (718) 474-9100 to discuss determining fault in a New York auto accident and your options for moving forward.
Frequently Asked Questions
How many motorcycle accidents happen in New York each year?
Crash data shows that approximately 3,500 to 4,500 motorcycle crashes that result in personal injury or death happen in New York each year. In 2023, there were 4,525 of these crashes across the state, including 187 motorcyclist fatalities. In New York City, nearly 100% of motorcycle fatalities are male riders.
Can motorcyclists carry personal injury protection (PIP) insurance in New York?
No, motorcyclists cannot carry standard personal injury protection (PIP) insurance in New York. Some insurers offer optional medical payments coverage or endorsements for motorcycles, but this coverage is not automatic.
What should I do if I was involved in a motorcycle accident?
If you were involved in a motorcycle accident, contact a New York motorcycle accident lawyer at the Wohlgemuth Law Firm PLLC to discuss your options.
