Does New York no-fault law apply to motorcycle accidents?
No. Although there was a prior article on motorcycles earlier in this blog which explained more details on these issues, this question is more direct.
There are two parts to the no-fault law. One part of the law provides for medical benefits and lost wages against one’s own policy. That benefit is not available to motorcycle riders. Their medical bills must be paid by medical insurance and lost wages need to be covered by state and/or private disability insurance.
Employers deduct a small premium from employees paychecks every pay period to pay for state mandated disability insurance. The claimant must notify their employer within 30 days of an off the job disability. Employees must complete a disability application. The application has a part that the doctor must complete. The doctor documents, the particular symptoms and disabilities for the claimant. The claimant completes their portion of this application for disability benefits, and must submit it to the employer. Then the employer then submits the application to the disability carrier.
Other than submitting the application for benefits, the employer is not involved in the disability process. Claimants only receive $170 per week. But benefits last for up to six months.
The second part of no-fault law limits recovery. An injured party must have a ‘serious injury’ to make a claim for pain and suffering. Insurance law section 5104. This is not the case with motorcycle riders. They can claim all of their personal injuries and medical expenses and lost wages against the at-fault party.
By James Santner, Esq.
If you have questions about a similar situation, feel free to contact us. Consultations are free and there is no fee unless we win.