As summer approaches, New York’s motorcyclists take to the road in force, heading east toward the Hamptons or north through the Hudson Valley, deep into the Adirondacks. Heavier traffic and more riders on the road mean a predictable rise in serious crashes, and when one happens, the legal reality injured riders face in New York is less forgiving than most expect.
Unlike car accident victims, motorcyclists are not entitled to receive no-fault insurance benefits. You must pursue compensation directly through the at-fault driver’s insurer, a company that trains its adjusters to pay as little as possible.
At Greenspan & Greenspan Injury Lawyers, we have been fighting for injured motorcyclists since 1959. With deep experience across White Plains, New Rochelle, and throughout New York, we know how to navigate the legal system and push back against unfair insurance tactics. If you were injured in a motorcycle crash, contact us to schedule a free consultation. In the meantime, here are some tips for how to file a motorcycle accident claim in New York and what you can do right now to protect your claim.
Step 1: Hire an Experienced New York Motorcycle Accident Lawyer
The decisions you make in the hours and days after a motorcycle crash can significantly affect the value of your claim. Insurance companies move quickly, and they are counting on you to make mistakes before you have legal guidance. An experienced New York motorcycle accident attorney protects your rights from the start, ensures you do not miss critical deadlines, and levels the playing field against insurers who handle these claims every day.
At Greenspan & Greenspan, we handle every part of the motorcycle accident claim process, including:
- Investigating the accident and gathering evidence,
- Communicating with insurance companies on your behalf,
- Calculating your damages to maximize compensation,
- Negotiating aggressively for a fair settlement, and
- Taking your case to court if necessary.
Contacting a lawyer early does not guarantee a particular outcome. Still, the longer you wait, the greater the risk that critical evidence will disappear, deadlines will pass, and early mistakes will go uncorrected.
Step 2: Report the Accident and File an Insurance Claim
In New York, no-fault insurance does not cover motorcyclists, meaning you must file a claim against the at-fault driver’s insurance. To begin this process:
- Call 911 at the scene and request police and medical response if you’re injured,
- Notify your insurance company about the accident, and
- File a third-party claim with the at-fault driver’s insurer.
Be cautious about what you say at the accident scene to the involved parties and the responding police officer. Statements made in the immediate aftermath of a crash can be taken out of context. Even something as simple as “I’m sorry” can later be characterized as an admission of fault.
After filing your claim, the other driver’s insurance adjuster will likely call you. Their job is to settle your claim for as little as possible. Stick to the basic facts, do not offer opinions or commentary about what happened, and refer them to your attorney as early in the conversation as possible. Never provide a recorded statement or accept a settlement offer without consulting an attorney first.
Step 3: Gather and Preserve Evidence to Strengthen Your Case
Evidence is the foundation of every successful motorcycle accident claim, and it begins to disappear the moment the crash occurs. Do not wait to collect it. At the scene, document everything you can:
- Photograph the accident scene, vehicle damage, road conditions, and your injuries;
- Record the names and contact information of any witnesses;
- Get the name and badge number of the responding officer; and
- Note the locations of any traffic cameras or nearby business surveillance systems.
In the days that follow, make sure you have:
- The police report confirming the crash details;
- Medical records linking your injuries to the accident; and
- Your helmet, riding gear, and any damaged motorcycle parts; do not discard or repair anything.
The more evidence you preserve, the harder it becomes for insurance companies to dispute your claim. This same evidence becomes critical if negotiations fail and your case proceeds to court.
Preserving Evidence: A Step Many Riders Miss
One of the most common and costly mistakes injured riders make is waiting too long to act. Physical evidence degrades quickly. Skid marks fade within days. Debris gets cleared from the road. Surveillance footage from traffic cameras, businesses, and residential systems is routinely overwritten within 48 to 72 hours.
At Greenspan & Greenspan, we issue preservation letters or subpoenas for surveillance footage immediately after being retained. Witness memories fade quickly as well, particularly on details like vehicle speed, traffic signal status, and road conditions at the time of the crash. If a commercial vehicle was involved, any electronic data stored in the at-fault vehicle’s event data recorder, the vehicle’s black box, must be secured before it is overwritten or the vehicle is repaired.
Photographs you take at the scene are a valuable starting point, but in cases involving serious injuries, disputed liability, or significant comparative fault arguments, they are rarely enough. The attorneys at Greenspan & Greenspan retain qualified accident reconstruction experts in those cases to analyze the physical evidence, reconstruct the sequence of events, and provide testimony that is difficult for insurers and defense attorneys to challenge.
Step 4: Determine the Value of Your Claim
Many riders underestimate what their claim is actually worth. A personal injury motorcycle accident claim covers more than just medical bills. Your lawyer will calculate both economic and noneconomic damages, including:
- Medical expenses, such as emergency care, hospital stays, surgeries, and rehabilitation;
- Income lost from time missed at work due to injury, including future lost earnings capacity if your injuries are permanent;
- Pain and suffering, such as emotional distress, and reduced quality of life; and
- Repairs or replacement of your motorcycle and riding gear.
Insurance companies often make early settlement offers to minimize payouts before the full extent of injuries and future medical costs are known A skilled attorney will help ensure all damages are accounted for before any settlement is considered.
Step 5: Negotiate with the Insurance Company
As we mentioned, insurance companies do not have your best interests in mind. Insurance companies are businesses, and they train their adjusters to protect the company’s bottom line. The other driver’s insurance adjuster may try to:
- Blame you for the accident,
- Deny the severity of your injuries, or
- Offer a settlement far below what you deserve.
Your attorney will handle negotiations to counter these tactics. Greenspan & Greenspan Injury Lawyers have been negotiating with New York insurers for decades. We know the arguments they will raise, the tactics they will use to minimize your claim, and how to counter each one effectively.
If the insurance company refuses to negotiate a fair settlement, the next step is filing a motorcycle crash lawsuit.
What Happens If the At-Fault Driver Is Uninsured or Undersinsured?
Not every driver who causes a serious crash carries adequate insurance or any insurance at all. If you find yourself in that situation, you still have options.
Your own motorcycle insurance policy may include Supplementary Uninsured/Underinsured Motorist (SUM) coverage. SUM coverage steps in when an at-fault driver carries no insurance or carries a limit insufficient to cover your damages. Given that motorcyclists are excluded from the no-fault system and cannot access personal injury protection (PIP) benefits that car accident victims receive, SUM coverage is an essential financial safeguard. We encourage every rider to review their current policy limits and consider increasing SUM coverage before getting back on the road.
If no SUM coverage is available, and the at-fault vehicle was uninsured or fled the scene, you may qualify for benefits through the Motor Vehicle Accident Indemnification Corporation (MVAIC). MVAIC is a state-created nonprofit that provides last-resort coverage for victims injured by uninsured or unidentified drivers. To qualify, you must have been a New York resident at the time of the accident, and no other household insurance coverage can be available to you.
For hit-and-run accidents, you must report the crash to police within 24 hours and file a notice of intention with MVAIC within 90 days. For accidents involving a known uninsured vehicle, that window extends to 180 days. These deadlines are strictly enforced, and missing them can permanently bar recovery through MVAIC.
Step 6: File a Motorcycle Crash Lawsuit If Necessary
Filing a lawsuit may be necessary to recover full compensation if negotiations fail. The litigation process includes:
- Filing a formal complaint in the proper New York court;
- Serving the defendant;
- Exchanging evidence, which is known as the discovery phase;
- Engaging in pre-trial negotiations to attempt a settlement; and
- Going to trial if the parties do not reach an agreement.
Most cases settle before trial. However, having an attorney who is prepared to go to court discourages the insurance company from taking advantage of you during negotiations. Insurers are far less likely to lowball a firm with a demonstrated record of trying cases.
How Long Do You Have to File a Claim?
New York law sets strict deadlines for filing a lawsuit. For most motorcycle accident injury claims, you have three years from the accident date to file a lawsuit. If someone passes away from their injuries, certain surviving family members typically have two years from the date of death, not the date of the accident, to bring a wrongful death claim.. The filing time is reduced significantly if any defendant is a government entity, such as a municipality or state agency. In most cases, you must file a notice of claim within 90 days of the accident before you can pursue litigation.
These deadlines have real consequences, and the wrongful death deadline in particular catches families off guard.
Consider this situation: a rider is seriously injured in a crash in January 2022 and passes away from his injuries in June 2022. His family, grieving and focused on medical expenses and funeral costs, does not consult an attorney until the summer of 2024, more than two years after his death.
At first glance, it appears the wrongful death statute of limitations has run. But the facts matter. If the rider was a minor at the time of the crash, tolling provisions under New York law may extend the filing deadline. Other exceptions may apply depending on the specific circumstances of the case. A family that assumes the deadline has passed and walks away may be abandoning a viable claim.
Missing these deadlines could mean losing your right to compensation, so acting quickly is crucial. That is why we recommend contacting an experienced lawyer right after the crash.
How We Can Help
Since 1959, our firm has been helping injured motorcycle victims throughout New York. We provide:
- Direct attorney access. You work with a lawyer, not just a case manager.
- Deep legal knowledge. We understand New York motorcycle laws inside and out.
- Proven results. We’ve secured millions in compensation for injured riders.
We take on tough cases, challenge insurance company tactics, and fight to maximize your claim. If you’ve been injured in a New York motorcycle accident, don’t wait—the sooner you take action, the stronger your case will be.
Contact a New York Motorcycle Accident Lawyer Today
At Greenspan & Greenspan, we’re dedicated to helping injured riders recover. Call today for a free consultation, and let us fight for the compensation you deserve. Let us put our decades of personal injury experience to work for you.
Frequently Asked Questions
Does New York’s No-Fault Insurance Cover My Medical Bills After a Motorcycle Crash?
No. New York’s no-fault personal injury protection system excludes motorcycles. Unlike car accident victims, injured motorcyclists cannot access PIP benefits to cover initial medical expenses and lost wages regardless of fault. This means you must pursue compensation through the at-fault driver’s liability insurance or through your own SUM coverage from the outset.
What Should I Do if the Driver Who Hit Me Fled the Scene or Had No Insurance?
Report the accident to the police within 24 hours. Then contact your own insurance company to initiate a SUM claim if you carry uninsured motorist coverage. If SUM coverage is not available to you, file a notice of intention with the Motor Vehicle Accident Indemnification Corporation (MVAIC) within 90 days of the accident. Missing the MVAIC deadline can permanently eliminate your right to benefits through that program.
How Does New York’s Comparative Negligence Law Apply If I Was Speeding at the Time of the Crash?
Your own negligence, including excessive speeding, reduces but does not bar your recovery under New York’s comparative negligence standard. A jury assigns a percentage of fault to each party based on the evidence. If you are found 25% at fault for speeding and the other driver is found 75% at fault for an unsafe lane change, you recover 75% percent of your total damages.
What Should I Do in the Days Immediately After a Motorcycle Accident If I Feel Fine and Do Not Think I am Seriously Injured?
Seek medical attention immediately, even if you feel fine. Many of the most serious injuries sustained in motorcycle accidents, including traumatic brain injuries, internal bleeding, and spinal trauma, do not produce immediate symptoms. Adrenaline alone can mask significant pain for hours or even days after a crash.
Delaying medical care creates two serious problems. First, it puts your health at risk by allowing an undetected injury to worsen without treatment. Second, it gives the insurance company grounds to argue that your injuries were either not caused by the accident or not serious enough to warrant prompt attention. A gap between the accident date and your first medical visit is one of the most common tools insurers use to minimize or deny claims.
How Long Does a Motorcycle Accident Claim Typically Take to Resolve in New York?
The timeline varies significantly based on the severity of your injuries, the complexity of the liability dispute, and whether litigation becomes necessary. Claims involving clear liability and moderate injuries sometimes resolve within 6 months to a year through negotiation. Cases involving catastrophic injuries or disputed fault often take a couple of years or longer and may proceed to trial. Your attorney can advise you on the appropriate timing, given the facts of your case.
Legal References Used to Inform This Page
To ensure the accuracy and clarity of this page, we referenced official legal and other resources during the content development process:
- Statute of limitations for personal injury, N.Y. Civil Practice Law & Rules, § 214.
- Liability insurance; standard provisions; right of injured person, N.Y. Ins. Law § 3420 (2025).
- Time extension for minors, N.Y. CPLR 208 (2019).
- Notice of claim, N.Y. Gen. Mun. Law § 50-e (2026).
- No-fault threshold, N.Y. Insurance Law, § 5102 (2023).
- No-Fault Insurance, Notice,11 NYCRR 65-1.1. (2001).
- Damages recoverable when contributory negligence or assumption of risk is established, N.Y. CPLR 1411 (2014).
- Negligence in use or operation of vehicle attributable to owner, N.Y. Veh. & Traf. Law § 388 (2023).
- Action by personal representative for wrongful act, neglect or default causing death of decedent, N.Y. Est. Pow. & Trusts Law § 5-4.1 (2014).
- Motor Vehicle Accident Indemnification Corporation, N.Y. Ins. Law § 5201 (2014).
