Are Motorcycle Accidents Covered Under No-Fault?
I get a number of calls from people who have been injured in motorcycle accidents either operating the motorcycle, being a passenger – or sometimes even as a pedestrian who has been struck by one. The answer to their question, “What benefits are available to me?” differs depending on the questioner’s role in that accident. New York State exempts motorcycle drivers and passengers from receiving no-fault medical insurance benefits because the activity itself is considered to be inherently dangerous. However, motorcyclists are allowed to purchase certain amounts of medical payment coverage on their policy of insurance for a motorcycle, but those amounts are typically very small – generally totaling around $5,000 in medical payments for a rider – as opposed to the basic no-fault medical benefit available to a car operator of $50,000.
There is, however, a specific exception if you’re a pedestrian. In the rare case when a pedestrian is struck by a motorcycle, they actually do have access to New York
State’s no-fault benefit. That means a pedestrian’s medical benefits, wages, and mileage to visit the doctor are covered through the insurance company that covers the involved motorcycle.