This guide applies to New York State law.
Motorcyclists are excluded from New York's no-fault system. Under NY Insurance Law § 5103(a), motorcycle operators and passengers do not receive no-fault PIP benefits, so there is no NF-2 to file for your own injuries. You pursue the at-fault driver's liability insurance directly, and because riders sit outside no-fault, the § 5102(d) serious injury threshold does not gate a rider's pain-and-suffering claim.
NY motorcycle law:
- No-fault PIP does NOT apply to riders, medical bills and lost wages are claimed as damages in the liability claim against the at-fault driver; health insurance or optional medical-payments coverage on your motorcycle policy typically covers treatment in the meantime, and UM/SUM coverage may apply if the driver is uninsured
- Helmet required under VTL § 381, failure to wear an approved helmet can be raised as comparative fault to reduce your recovery
- Lane splitting is illegal in New York, doing so may be used as comparative fault
- Lane filtering (filtering to the front of stopped traffic) is also not permitted
- 3-year SOL under CPLR § 214
Quick Answer · Source Index3§ 3 LAWclaim-level sources
VTL § 381: NY Motorcycle Helmet LawVTL § 381: NY Motorcycle Helmet Law✓ Official (source-only)
NY Insurance Law § 5103(a): No-Fault First-Party Benefits (motorcyclists excluded)NY Insurance Law § 5103(a): No-Fault First-Party Benefits (motorcyclists excluded)✓ Official (source-only)
NY Insurance Law § 5102: Serious Injury ThresholdNY Insurance Law § 5102: Serious Injury Threshold✓ Official (source-only)
Accidents move fast. This guide doesn't. Every step below is attorney-reviewed, specific to New York City, New York law, and written in plain language instead of legal jargon, with each answer linked to its source, so you don't miss what matters.
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Right now · first hours
At the scene
Medical first. Concussion/TBI and internal injuries can surface hours later. A worsening headache, confusion, repeated vomiting, or numbness means emergency care now (CDC head-injury danger signs).
- 1
Call 911 and stay at the scene. Let EMS remove your helmet.
- 2
If you are able, photograph your helmet and riding gear at the scene to document compliance with VTL § 381.
- 3
Get witness contact information. Fault disputes are routine in motorcycle cases, and witnesses who saw the other driver's negligence are invaluable.
Do not
- ✕Clean or repair your helmet. Its post-crash condition is evidence.
- ✕Argue fault at the scene. The defense will be built later from physical evidence and witnesses.
First 72 hours
Report & preserve evidence
Defense attorneys in NYC motorcycle cases almost always argue the same three things: you were speeding, your helmet was non-compliant, or you were lane-splitting. The first 72 hours is when you collect what negates them.
- No NF-2 for riders. Motorcyclists are excluded from NY no-fault PIP under Ins. Law § 5103(a), so medical bills and lost wages are claimed as damages against the at-fault driver. Health insurance or optional med-pay coverage typically pays for treatment in the meantime, and riders commonly have counsel notify the liability carrier early.
- Preserve dashcam footage from the bike, witness statements, and scene photos. This is the documentation that defeats the standard defense arguments.
Why a motorcycle crash is different
New York law treats riders differently on three points, two the defense will raise, and one that changes where your recovery comes from:
- Helmets are required. VTL § 381 non-compliance can be raised as comparative fault even if your head was not injured.
- Lane splitting is illegal in New York, and lane filtering is not permitted; either may be argued as comparative fault.
- Riders sit outside no-fault. Motorcyclists are excluded from PIP under Ins. Law § 5103(a), and because riders are outside the no-fault system, the § 5102(d) serious-injury threshold does not gate a rider's pain-and-suffering claim; damages are pursued against the at-fault driver's liability coverage.
Motorcyclists in NYC account for roughly 25% of all traffic fatalities despite representing less than 3% of registered vehicles.
NYC's urban environment, stop-and-go traffic, narrow lanes, and heavy truck presence on the BQE and Cross Bronx, creates severe hazards for motorcycle riders.
Source: NYPD Traffic Data / NYC DOT Motorcycle Safety Report
Legal detailsKey numbers for this case typeHelmet and lane-splitting law, the rider PIP exclusion, and New York filing deadlines, with sources.▼
| Metric | Value | Source |
|---|---|---|
| NY helmet requirement | Required: VTL § 381 (approved DOT-certified helmet) | statuteVTL § 381 |
| Lane splitting in NY | Illegal, may be used as comparative fault | statuteVTL § 1252 |
| No-fault PIP for motorcyclists | Excluded, riders pursue the at-fault driver directly | statuteNY Insurance Law § 5103(a) |
| NY statute of limitations | 3 years (CPLR § 214) | statuteCPLR § 214 |
First 2 weeks · before you sign
Protect the claim before you sign anything
- Insist on functional-limitation documentation, not just pain notes. It is what supports the full value of your pain-and-suffering claim when the insurer disputes severity.
- Do not sign a release before your prognosis is complete. Comparative-fault arguments shrink offers early; documentation restores them.
A quick settlement offer is information to weigh against your full and future costs, not something this page can tell you to accept or reject. When the stakes are unclear, that is a good moment for a licensed attorney.
Local resources (New York City)
Get your crash report
NYPD responds to injury crashes and files an MV-104P report. Download it at collisionreport.nypdonline.org after about 7 business days, or request older reports from the NY DMV with form MV-198C.
Checked as of Jun 2026Tow & impound
If NYPD ordered the tow, call 311 or check nyc.gov to locate the borough tow pound holding your vehicle. Bring ID, proof of ownership, and insurance. Daily storage fees add up.
Checked as of Jun 2026Body shop
You choose your own repair shop. Under NY Insurance Law § 2610, the insurer cannot require a specific shop. Ask for an itemized estimate and OEM parts.
Checked as of Jun 2026Medical records
Request copies from each provider; you have a right to them. Keep one folder with every bill, scan, and visit summary.
Checked as of Jun 2026Hospitals & emergency contacts
Level I trauma centers (NYC)
Bellevue (Manhattan) · Elmhurst (Queens) · Kings County (Brooklyn) · Lincoln (Bronx). For severe injuries call 911; EMS routes to the nearest trauma center.
Checked as of Jun 2026Police & crash reports
Call 911 for any injury crash; NYPD must respond and file the MV-104P. Non-emergency questions: 311. Always get the report or incident number before leaving the scene.
Checked as of Jun 2026Common mistakes to avoid
- 1
Not documenting helmet use at the scene.
- 2
Waiting on no-fault paperwork that does not apply to riders.
Can you handle this yourself?
Do you need a lawyer for this?
When you want a New York attorney
Motorcycle cases are won by anticipating the three standard defense arguments before the insurer makes them. The partner firm for New York City can take it from here. One firm, credential-checked. No lead auction.
See the partner firm & start a free evaluation →What runs out, and when
- 30 days from the crash for written no-fault notice, usually the Form NF-2 application (11 NYCRR § 65-1.1, Reg 68). A late notice is accepted only with written proof of a clear and reasonable justification, and a late claim can be denied, putting up to $50,000 in PIP benefits at risk. The most urgent New York deadline.
- 3 years from the crash for most New York injury lawsuits (CPLR § 214). Strict.
- 90 days to file a Notice of Claim if a municipal vehicle was involved (MTA bus, NYPD, sanitation truck) under Gen. Mun. Law § 50-e, then 1 year and 90 days to sue under Gen. Mun. Law § 50-i.
- 2 years from the date of death for wrongful death claims (EPTL § 5-4.1), shorter than the 3-year injury deadline.
- Exceptions: deadlines for minors can be tolled under CPLR § 208, and government-claim deadlines are almost never extended. Verify your situation.
Frequently Asked Questions
Does NY no-fault PIP apply to motorcycle riders?▼
No. Motorcycle operators and passengers are excluded from no-fault PIP under NY Insurance Law § 5103(a), so there is no NF-2 to file for your own injuries. A motorcyclist injured by another vehicle pursues the at-fault driver's liability insurance directly. One consequence works in your favor: because riders are outside the no-fault system, the § 5102(d) serious injury threshold does not bar a rider's pain-and-suffering claim.
Can the other driver argue I was at fault because I was lane-splitting?▼
Yes. Lane splitting is illegal in New York. If you were lane-splitting at the time of the accident, the defense will raise it as comparative fault, which reduces your recovery by your percentage of fault. A 2026 reform (CPLR § 1411(b)) added a bar on recovery where the claimant's fault exceeds the driver's, for motor-vehicle cases commenced on or after May 26, 2026; whether that provision reaches a motorcyclist's claim, which sits outside the no-fault article, is a question an attorney evaluates for the specific case.
How this was sourced
Reviewed by: William K. Mattar, J.D. · NY Bar #2280535 · Data as of: Jul 2026 · Next review: 2026-Q3.
What this does not cover: the facts of your specific crash, or any outcome.
Sources & Citations
- statute[1] VTL § 381: NY Motorcycle Helmet Law ↗
- statute[2] NY Insurance Law § 5103(a): No-Fault First-Party Benefits (motorcyclists excluded) ↗
- statute[3] NY Insurance Law § 5102: Serious Injury Threshold ↗
This guide applies to New York law only and provides legal information, not legal advice. Laws change and apply differently to each situation. For advice about your case, talk to a licensed New York attorney.
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