Why are motorcyclists excluded from No-Fault coverage?

admin — Tue, 08 Nov 2011 04:35:48 +0000

Why are motorcyclists excluded from No-Fault coverage?

When the New York No-Fault law was enacted, the insurance companies were able to successfully argue that motorcycles are inherently dangerous and motorcycle accidents cause serious injuries with expensive medical treatment that would cause auto insurance policies to be too expensive. Find out why No-Fault insurance coverage is listed on your motorcycle insurance policy.

It’s ironic that the problem with No-Fault billing which insurance companies face today is extensive and fraudulent medical treatment billed by doctors, in a few counties, for treatment of soft tissue injuries sustained by people in cars. The amount paid out on many No-Fault claims can cost as much as the hospital and surgical treatment provided to an injured motorcyclist.

Additionally, while insurance companies claim that there is much fraud with medical treatment for soft tissue injuries, there is probably never any fraud involving medical treatment for an injured motorcyclist with a fractured ankle, leg or a broken arm. Fractures (broken month) and required treatment including surgery are easily documented.

Furthermore, many motorcycle accidents result in minor injuries and I have yet to see a motorcycle accident client with a minor injury receive anything more than a couple of doctor visits. Motorcyclists tend to have the type of personality that avoids medical treatment if possible.

Finally, there are far fewer motorcycle accidents than car accidents because there are fewer motorcycles than cars and because most motorcyclists do not ride in the winter.

In summary, while motorcycle accidents often cause more serious injuries, they are not always more expensive; there would probably be no medical billing fraud; and there are far fewer motorcycle accidents.

The law should be amended to require insurance companies to sell No-Fault coverage to motorcyclists, even if it would allow insurance companies to charge an additional premium which would likely be a very small amount.

No-Fault coverage is on my motorcycle policy. That means I have coverage for medical bills and lost earnings, right?

newyorkmotorcycleaccidentlawyer — Sat, 15 May 2010 18:29:27 +0000

No-Fault insurance coverage for New York motorcycle accidents?

Motorcyclists are often confused as to whether they have No-Fault insurance coverage for motorcycle accidents because No-Fault is a listed coverage on motorcycle insurance policies. Even worse, hospitals, doctors and even health insurance companies incorrectly believe that motorcyclists are covered by no-fault when injured in a motorcycle accident.

What is No-Fault insurance coverage? Basically, No-Fault insurance coverage pays for medical treatment, other expenses and lost wages for a person injured during the use and/or operation of a car. While No-Fault benefits are usually paid because of a car accident, they can also be paid for an injury caused while using a car, such as while getting into or out of a parked car. New York State requires minimum No-Fault coverage of $50,000.

Some motorcyclists think that they can receive No-Fault insurance coverage benefits when they are injured in a motorcycle accident. Some people think that No-Fault insurance coverage doesn’t protect motorcyclists but is available for passengers on a motorcycle who are injured in an accident. After all, why would No-Fault coverage be listed on a motorcycle insurance policy if there was no coverage?

So the question is, does No-Fault insurance cover motorcyclists and motorcycle passengers? The answer is, unfortunately, definitely NO.

What says that NYS No-Fault Insurance does not cover motorcyclists?

Article 51 of the New York Insurance Law is also known as “The No-Fault Law”.

Article 51 § 5102(f) provides the definition of a motor vehicle and states, “‘Motor vehicle’… shall not include… a motorcycle, as defined in subsection (m) hereof.

§ 5102(m) states, “Motorcycle” means any motorcycle, as defined in section one hundred twenty-three of the vehicle and traffic law, and which is required to carry financial security pursuant to article six, eight or forty-eight-A of the vehicle and traffic law.

§ 5103(a)(2) “Entitlement to first party benefits” extends entitlement of no-fault benefits to “The named insured and members of his household, other than occupants of a motorcycle…”

Consequently, New York State No-Fault insurance benefits are NOT available to motorcyclists or their passengers.

So, why is No-Fault coverage listed on my NYS motorcycle insurance policy?

The reason that you will see No-Fault insurance coverage listed on your motorcycle insurance policy is that pedestrians struck by a motorcycle ARE covered by No-Fault insurance. (Anybody not occupying the motorcycle or another vehicle who is injured by the motorcycle is covered.) This can be found at § 5103(a)(1) which provides entitlement of no-fault insurance benefits to “Persons, other than occupants of… a motorcycle, for loss arising out of the use or operation in this state of such motor vehicle.”

If you are injured in a motorcycle accident, you may be unable to obtain costly MRIs, surgery, physical therapy and other medical treatment if you did not purchase medical insurance. Medical bills for motorcycle accidents usually cost between $30,000-$50,000 and can cost much more. I’ve already had one case with over $800,000 in medical bills. Without insurance coverage to pay for medical bills, it is difficult to get the medical treatment you need.