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. 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.
Why are motorcyclists excluded from No-Fault coverage?
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.