Last reviewed: October 2026. Laws change, so confirm current details with an attorney.
Motorcyclists have little protection in a crash, and injuries are often severe: fractures, road rash, spinal and head injuries. Insurers also tend to blame riders. Here is how a New York City motorcycle claim generally works.
Quick answers
- Deadline to sue: Generally 3 years from the accident (CPLR 214). Claims against a government body can require a notice of claim within 90 days.
- No-fault: Motorcycle riders are generally not covered by New York’s no-fault benefits under their own motorcycle policy, so medical bills often depend on health insurance or on fault-based claims. Verify how your policy and the vehicles involved apply.
- Fault: New York’s pure comparative negligence rule reduces your recovery by your share of fault but does not bar it (CPLR 1411).
- Helmet: New York requires helmets. Not wearing one can be raised to argue your injuries were worse, so documenting your gear matters.
Common causes of NYC motorcycle crashes
- Drivers turning left across a rider’s path
- Drivers opening doors or changing lanes without checking mirrors
- Potholes, uneven pavement, and construction debris
- Distracted or impaired driving
- Vehicle defects, such as brake or tire failure
Who may be responsible
| Party | Possible basis |
|---|---|
| Another driver | Negligent driving |
| Vehicle owner or employer | Owner liability or work-related driving |
| Government entity | Dangerous road conditions, subject to strict notice rules |
| Manufacturer or repair shop | Defective parts or faulty repairs |
Steps after a crash
- Call 911 and get medical attention, even if you feel fine.
- Photograph the scene, vehicles, road, your gear, and injuries.
- Collect driver, insurance, and witness information.
- Keep your helmet, clothing, and damaged bike as evidence.
- Do not give a recorded statement to an insurer without legal advice.
- Keep all medical records and bills.
Damages you may recover
- Medical expenses and future care
- Lost wages and reduced earning capacity
- Pain and suffering, if you meet New York’s serious injury threshold where it applies
- Property damage to the motorcycle and gear
Common mistakes
- Admitting fault at the scene
- Delaying treatment
- Accepting a quick settlement before knowing the full injury
- Posting photos or comments online
Frequently asked questions
Will insurers blame me because I was on a motorcycle? They often try. Evidence and witness accounts counter that.
What if the driver fled? Your own uninsured or underinsured motorist coverage may apply.
Do I need a lawyer? Serious injuries and disputed fault make legal advice worthwhile.
Talk to Liakas Law
Free consultation. If you were hurt in a motorcycle accident in New York City, contact Liakas Law at liakaslaw.com for a free, no-obligation case review.
Attorney Advertising. Prior results do not guarantee a similar outcome. This post is general information, not legal advice, and reading it does not create an attorney-client relationship.
