Can a Motorcycle Injury be Covered When You Didn’t Have Health Insurance?

You were injured in a motorcycle accident but didn’t have health insurance (No-Fault doesn’t cover motorcyclists).  Now, you need to get health insurance but your motorcycle injury is a pre-existing condition.  Can you still get health insurance coverage to pay for your pre-existing motorcycle injury?

In March of 2010, the Patient Protection and Affordable Care Act became law. The law created a new program to make health coverage available to people with pre-existing medical conditions called the Pre-Existing Condition Insurance Plan (PCIP).

However, on February 16, 2013, the federal Pre-Existing Condition Insurance Plan (PCIP) stopped accepting new enrollment applications until further notice and state-based PCIPs, such as New York, will suspend acceptance of new enrollment applications on March 2, 2013.  You can apply to the New York Bridge Plan.

The good news is that starting January 1, 2014, the Affordable Care Act guarantees that all Americans, regardless of their health status or pre-existing conditions, will finally have access to affordable health insurance coverage. New York motorcyclists, without health insurance coverage, will be able to choose a health insurance company and apply for affordable coverage in “Health Insurance Marketplaces” when open enrollment begins on October 1, 2013, for health insurance coverage beginning on January 1, 2014.

Starting in 2014, the law prohibits insurance companies from refusing to sell health insurance coverage or renew policies because of a person’s pre-existing condition. Also starting in 2014, individuals whose employers don’t offer them insurance will be able to buy health insurance directly in an “Exchange”. This is a competitive insurance marketplace where individuals and small businesses can buy affordable and qualified health benefit plans. Exchanges will offer a choice of health plans that meet certain benefits and cost standards.

If you don’t currently have health insurance, make sure that you apply when open enrollment starts on October 1, 2013.  To enroll, see  If you don’t have coverage during the 2014 riding season, you will still be able to apply after a motorcycle accident but you will not have coverage during the 1-2 months it can take to process your enrollment.

Even if you do have health insurance coverage, you may not have coverage for some types of treatment or it may be difficult to obtain treatment for some common motorcycle injuries such as dental injuries and scars requiring plastic surgery.  If you have a motorcycle accident in New York, we can arrange treatment when you don’t have coverage or have difficulty finding a physician willing to treat you without being paid upfront.

We recently restored a client’s smile which was seriously damaged in a motorcycle accident.  Although she had medical insurance, the dentists she saw were demanding that she pay thousands of dollars upfront for the treatment, which she couldn’t afford to pay.  She saw two other lawyers in New York, including a motorcycle lawyer, but they were unable to get her the restorative dental treatment she needed.  Then she called 1-800-HURT-911.

Instead of sending her to a general dentist, we got her treated by a specialist.  We immediately arranged for a top Prosthodontist to give her the treatment she needed to get her smile back.

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Philip L. Franckel, Esq. is the author of all articles and content on this website, one of the Personal Injury Dream Team™ Founding Partners at 1-800-HURT-911® New York, well-known for representing motorcyclists. He has a 10 Avvo rating; Avvo Client’s Choice with all 5-star reviews; Avvo Top Contributor; and is a former Member of the Board of Directors of the New York State Trial Lawyers Association. Mr. Franckel created the motorcycle awareness campaign BE AWARE MOTORCYCLES ARE EVERYWHERE®.

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New York Motorcycle Accident Lawyer and Founding Partner Rob Plevy, Esq.

New York Motorcycle Accident Lawyer and Founding Partner Rob Plevy, Esq.

Robert Plevy, Esq. is a motorcycle accident lawyer and one of the Personal Injury Dream Team™ Founding Partners at 1-800-HURT-911® New York. Robert began his legal career in 1993 as an Assistant Corporation Counsel defending The City of New York against personal injury lawsuits.

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