Riding season in Western New York is short, so riders make the most of it. Route 5 along the lake, Route 20A through the hills south of Buffalo, a Thursday night run up the Niagara Parkway. Motorcycle crashes here follow the same patterns as everywhere, like left-turning cars and inattentive drivers changing lanes, but New York law treats them quite differently from car crashes.
Why don’t riders get no-fault?
New York’s no-fault law excludes motorcycles. Operators and passengers on a motorcycle can’t collect no-fault benefits for their own injuries, per the DFS no-fault FAQ. That means medical bills after a crash go to health insurance, any medical payments coverage on the motorcycle policy, or out of pocket, until a claim against the at-fault driver resolves.
A pedestrian hit by a motorcycle is different. They can claim no-fault benefits from the motorcycle’s insurer.
What’s the upside?
Because motorcyclists aren’t part of the no-fault system, they generally don’t have to prove a “serious injury” to sue an at-fault driver for pain and suffering. A rider with a sprained wrist and road rash can bring a claim that a car occupant with the same injuries might not. They can also seek medical bills and lost wages directly from the at-fault driver from the first dollar.
Which fault rule applies?
The 2026 modified comparative fault rule in CPLR 1411(b) applies to actions subject to the no-fault law. A motorcyclist’s own claim may fall outside that law, which could leave it under the original pure comparative fault rule, where a rider’s damages are reduced by their share of fault but never blocked. Courts haven’t settled every edge of how the new subsection applies to riders. Ask a lawyer about your specific facts. See the reform guide.
Is there a helmet law?
Yes. New York makes approved helmets mandatory for both riders and passengers under Vehicle and Traffic Law 381. Not wearing one can lead the defense to argue the injuries would’ve been less serious with a helmet. That can reduce damages for head injuries, though it doesn’t affect who caused the crash.
What crashes are most common?
- Left turns across a rider’s path at intersections like Delaware and Hertel.
- Lane changes into a rider on the 190 or the 90.
- Rear-end crashes at lights, where New York presumes the rear driver was negligent.
- Road hazards like potholes, frost heaves and spring gravel, which may lead to a claim against a municipality or the State.
Is there enough insurance?
New York’s minimum is $25,000 per person for bodily injury. For a serious motorcycle injury, that often isn’t close. Your own supplementary uninsured and underinsured motorist coverage, if your motorcycle policy includes it, may help. Check your policy before the season. Our UM and SUM guide explains how it works.
What should you do after a crash?
- Get medical care. Many rider injuries are worse than they feel.
- Photograph the bike, the car, the road and your gear.
- Keep the helmet and damaged gear as evidence.
- Get witness names and phone numbers.
- File the MV-104 within 10 days if required.
What about road defects?
Potholes and broken pavement hit riders hardest. If a city or town road caused the crash, a notice of claim is due within 90 days. For a State road, the Court of Claims has its own 90-day rule. See our notice of claim guide.
The short version
- Motorcyclists don’t get no-fault benefits in New York.
- They don’t need a serious injury to sue the at-fault driver.
- Helmets are required for riders and passengers.
- Check your own UM and SUM coverage.
Due care toward riders, and why no-fault does not apply
New York’s no-fault system generally does not cover motorcyclists, which the DFS no-fault FAQ explains. That means a rider usually does not have to cross a serious-injury threshold to sue, but it also means medical bills are not paid through the same first-party no-fault path a car occupant uses. Health insurance, MedPay if you bought it, and the at-fault driver’s liability coverage become more important from the first day.
Drivers still owe riders a statutory duty of due care. VTL ยง 1146 requires every driver to exercise due care to avoid colliding with a bicyclist or pedestrian and to sound the horn when necessary. A left-turning car that hits a motorcycle on Niagara Street or Richmond Avenue can be measured against that duty, including the rebuttable presumption that applies when a physical injury follows a due-care failure.
Because no-fault usually will not pay a rider’s bills, the at-fault driver’s liability limits become the first pot of money. The DMV insurance-requirements page lists the state minimum as $25,000 for injury to one person and $50,000 for one crash, or $50,000 and $100,000 if a death is involved, plus $10,000 for property damage. Serious motorcycle injuries often exceed those figures, so SUM coverage on a household auto policy, if it actually extends to the bike, is worth reading in the first week, along with any medical payments endorsement on the motorcycle policy itself.
File the MV-104 within 10 days if someone was hurt, and order the police report through the responding agency or later through the DMV order page. Riders often skip the motorist report because they assume the police report is enough.
Photograph the bike, the pavement marks and any damaged helmet or gear before the wreck is moved. Those photos often become the only proof of speed, lean and point of impact after the machine has been towed.
This page is general information. You can browse motorcycle accident attorneys around Buffalo.