Most people think of New York as a no-fault state. However, no-fault coverage has limitations, and it does not apply to every vehicle. Motorcycles, for instance, are typically exempt from no-fault insurance. In other words, if you are injured, you cannot expect the same support you would receive after a car accident. Your insurer might still be liable to pay benefits for any additional motorcycle coverage that you have already purchased, but they probably would not provide the level of compensation you would expect from a standard no-fault claim.
No-Fault Insurance In New York
New York is a no-fault state, which means that accident victims are usually expected to file a claim with their own insurance company after an accident. Even if you were found at fault for an accident, you are entitled to receive certain benefits, including:
- The reimbursement of your medical expenses for a set period of time;
- The replacement of lost income from work, up to $2,000 per month for no more than three years; and
- Assistance with other accident and recovery-related expenses.
No-fault policies typically apply to anyone who was involved or injured in a motor vehicle accident. However, New York does provide several significant exceptions to its no-fault rule.
Why Motorcycles Are Exempted From No-Fault Insurance
The rules governing no-fault insurance are laid out in Article 51 of New York’s Insurance Law.
Perhaps somewhat counterintuitively, the New York Insurance Law does not categorize motorcycles as a “motor vehicle.” In fact, NY Ins. Law § 5102 explicitly states that the definition of a motor vehicle “shall not include … a motorcycle.”
Furthermore, NY Ins. Law § 5103, which lays down the rules for receiving no-fault benefits, repeatedly notes that “the occupants of a motorcycle” are not entitled to the full range of no-fault compensation after an accident.
You Could Still Be Entitled To Compensation
If you have been injured in a motorcycle accident, you can still file a claim with your insurance company to obtain motorcycle-specific benefits that you have added to your policy. Unfortunately, if you have sustained serious injuries, these benefits may not be enough to get you back on your feet. This does not mean that you have no options, but you may need to talk to a personal injury lawyer before taking your next steps.
As a general rule, you should never have to pay for an accident that was not your fault.
In New York, insurance companies and state courts refer to a doctrine termed “comparative negligence” when considering accident liability. Under this doctrine, accident victims who have sustained serious injuries can file a personal injury lawsuit if another driver or person’s actions caused or contributed to their accident. Even if you were found partially at fault, you could still recover compensation, though it may be reduced in accordance with your level of liability.
Depending on the circumstances of your accident and the severity of your injuries, a personal injury lawsuit could help you obtain damages, including, but not limited to, the following:
- The repayment of your medical expenses;
- Compensation for anticipated treatment and long-term care needs;
- Reimbursement for physical therapy;
- Income replacement;
- Physical pain and suffering;
- Emotional pain and suffering;
- Loss of enjoyment;
- Disfigurement; and
- Wrongful death.
Unlike no-fault benefits, there is no cap on the damages that you could receive from a personal injury lawsuit. However, you cannot wait too long to take action. New York may limit personal injury damages, but it does enforce a strict statute of limitations. If you delay, the statute of limitations could lapse, and once it does, you may not be able to file a lawsuit.
Do not take chances with your right to a fair recovery. Since our founding in 2005, the Dietrich Law Firm P.C. has helped our clients across Upstate New York secure more than $300 million in damages. We could help you, too. Please send us a message online or call us at 1-866-529-5334 to speak to a personal injury lawyer near Buffalo and schedule your 100% free, no-obligation consultation.