No-Fault coverage is on my motorcycle policy. That means I have coverage for medical bills and lost earnings, right?
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.
What is No-Fault insurance coverage? No-Fault insurance coverage pays for your medical treatment, other expenses and lost wages. New York State requires minimum No-Fault coverage of $50,000. No-Fault insurance generally pays benefits to people hurt in car accidents, but can pay benefits to people injured in motorcycle accidents.
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?
The Answer
New York No-Fault insurance benefits are NOT available to motorcyclists or their passengers. Article 51 of the New York Insurance Law is also known as “The No-Fault Law”. Article 51 § 5102(f) states, “‘Motor vehicle’… shall not include… a motorcycle, as defined in subsection (m) hereof. § 5102(m) “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” provides no-fault benefits to “The named insured and members of his household, other than occupants of a motorcycle…”
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. § 5103(a)(1) provides 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.
How to Get Medical Treatment for Motorcycle Accident Victims
If you are injured in a New York motorcycle accident without medical insurance, I can refer you to doctors, surgeons and MRI facilities who have agreed to treat injured motorcycle accident victims on a lien, which is a promise to pay from your motorcycle accident settlement.
Many accident lawyers do not know MRI facilities who will do an MRI on a lien or doctors who will do surgery on a lien. Additionally, many accident lawyers will not agree to sign a lien, but I always agree to sign liens for my clients.
If you have been HURT in a New York motorcycle accident, please call Phil Franckel, Esq. for a free consultation, at 1-800-HURT-911.