Motorcycle accident lawyers for New Jersey and New York

Riding gives you freedom that a car never can. It also leaves you with almost no protection when a driver turns across your path or opens a door in front of you. Motorcycle crashes often cause fractures, road rash, spinal injuries and head injuries, even at modest speeds.

The law treats riders differently too. In both New Jersey and New York, the no-fault insurance systems that pay medical bills for people in cars largely leave motorcyclists out. That changes who pays your bills, whether a lawsuit threshold applies, and how insurers approach your claim. This page explains those differences in plain English.

Why the no-fault rules are different for riders

Most people hurt in car crashes in New Jersey and New York get their first medical bills paid through no-fault insurance, called PIP. Motorcyclists usually do not. At the same time, riders are often not bound by the same limits on suing for pain and suffering, although New Jersey has an important exception discussed below.

New Jersey motorcycle accident rules

No PIP on the motorcycle

New Jersey’s personal injury protection, or PIP, covers people injured in connection with an “automobile,” along with certain pedestrians.² The no-fault law defines an automobile as a private passenger automobile of a private passenger or station wagon type, plus certain pickups, vans and similar vehicles. A motorcycle is not on that list.¹

A rider also does not count as a pedestrian. The law defines a pedestrian as someone who is not occupying, entering into or alighting from a vehicle propelled by other than muscular power.¹ In Koff v. Carrubba, a New Jersey appeals court explained that the injured motorcyclist was not eligible for PIP because the crash did not happen while he was occupying, entering or leaving an automobile or while he was a pedestrian.³

The practical result is that your medical bills after a motorcycle crash are usually paid at first by your health insurance, by any optional medical coverage on your motorcycle policy, or out of pocket. Later, the at-fault driver’s liability insurance can be asked to cover those costs as part of your claim. Check your motorcycle policy’s declarations page to see what you bought.

When the verbal threshold can still apply

New Jersey drivers choose between two tort options when they buy auto insurance. The “limitation on lawsuit” option, often called the verbal threshold, restricts the right to sue for pain and suffering unless the injury is in one of six categories, such as a displaced fracture or a permanent injury.⁴

You might expect that a rider never faces this threshold, since the motorcycle is not an automobile. The Koff court said that an insurance policy covering only a motorcycle does not, by itself, subject a rider’s claim to the threshold. But it held that a rider who owned a car insured under a New Jersey policy with the threshold option, and who was required to maintain PIP on that car, was bound by the threshold even though he was hurt on his motorcycle.³

The current statute still applies the threshold to a person who is required to maintain PIP coverage or who has a right to receive PIP benefits.⁴ So if you own a car insured with the limitation on lawsuit option, it may affect your motorcycle case. Other household insurance arrangements can raise similar questions, so have a lawyer review every auto policy in your home. Our verbal threshold guide explains the six categories and the doctor’s certification the law requires.

Helmet requirement

New Jersey requires motorcycle operators and passengers to wear a securely fitted protective helmet of a type approved by the state’s Motor Vehicle Commission.⁵ Not wearing a helmet does not change who caused the crash. But the insurer will likely use it to argue about head injuries, as discussed below.

Lane position and lane splitting

New Jersey’s general lane rule applies to motorcycles. On a road divided into clearly marked lanes, a vehicle must be driven as nearly as practicable entirely within a single lane, and must not be moved from that lane until the driver has first made sure the move can be made safely.⁶ Insurers often point to this rule when a rider was moving between lanes or through stopped traffic.

New York motorcycle accident rules

Motorcycles are outside no-fault

New York’s no-fault law defines “motor vehicle” for its own purposes, and the definition expressly does not include a motorcycle.⁷ The mandatory no-fault endorsement that every New York auto policy carries excludes any person while occupying a motorcycle.⁸ That means neither the operator nor a passenger on a motorcycle gets no-fault benefits for injuries suffered on the bike.

As in New Jersey, your first medical bills are usually paid by your health insurance or by any optional coverage you bought, and you seek the rest from the at-fault driver.

The serious injury threshold and riders

When one “covered person” sues another over a car crash in New York, the injured person must prove a “serious injury” to recover for pain and suffering.⁹ A covered person includes an owner, operator or occupant of an insured motor vehicle, a pedestrian injured by one, and anyone else entitled to no-fault benefits.⁷

Because a motorcycle is not a motor vehicle under the no-fault law, a rider generally is not a covered person while on the bike. That generally means the serious injury threshold does not limit a rider’s lawsuit against the driver who caused the crash, although unusual facts or insurance arrangements can raise questions. The rule works differently in the other direction. The no-fault law protects the owner, operator or occupant of an insured motorcycle from a pain and suffering claim by a covered person, such as a pedestrian the motorcycle hit, unless that person has a serious injury.⁹

Helmet requirement

New York makes it unlawful to operate or ride on a motorcycle without a protective helmet that meets the federal motor vehicle safety standard for helmets.¹⁰

Lane splitting is prohibited

New York is direct about lane splitting. No person may operate a motorcycle between lanes of traffic or between adjacent lines or rows of vehicles. A rider also may not pass in the same lane occupied by the vehicle being passed, and no more than two motorcycles may ride abreast in a single lane.¹¹

The same statute protects riders. Every motorcycle is entitled to the full use of a lane, and no motor vehicle may be driven in a way that deprives a motorcycle of the full use of a lane.¹¹ A driver who crowds a rider out of the lane may be violating the law.

Common causes of motorcycle crashes

Many motorcycle crashes follow familiar patterns. Knowing them helps focus the investigation early.

• Left turns across the rider’s path. A driver turning left at an intersection or into a driveway misjudges the motorcycle’s speed or never sees it at all.
• Lane changes into the rider. A driver merges without checking mirrors or blind spots.
• Rear-end collisions. A driver following too closely cannot stop when traffic slows.
• Dooring. A driver or passenger in a parked car opens a door into the rider’s path.
• Road defects. Potholes, uneven pavement, gravel, debris and poorly marked construction zones are far more dangerous on two wheels. If a public road defect caused your crash, a notice of claim may be due within months. See our notice of claim guide.
• Impaired or distracted driving. Phones and alcohol make it more likely that a driver will not notice a motorcycle.

Rider bias and how insurers defend these claims

Many people assume that motorcyclists ride recklessly. Adjusters and jurors can carry that bias too, and insurers often try to use it. Common defense arguments include the following.

• The rider was speeding or “came out of nowhere.”
• The rider was lane splitting or weaving through traffic.
• The rider was not wearing a helmet or protective gear.
• The rider’s injuries came from an earlier condition, not the crash.

Helmet and gear evidence

The helmet argument is about damages, not about who caused the crash. The insurer may argue that a helmet, or a helmet that met the legal standard, would have prevented or reduced a head injury. That argument has little to do with a broken wrist, a torn knee ligament or a spinal injury. Keep your helmet, jacket, gloves and boots exactly as they were after the crash, without cleaning or repairing them. Damage to the gear can show the direction and force of the impact, and the helmet itself can answer questions about whether it met the standard.

Comparative fault

Both states let a jury weigh the fault of the rider and the driver.

In New Jersey, you can still recover if your share of fault is not greater than the defendant’s share, or the combined share of all defendants, and your damages are reduced by your percentage.¹² In New York, your own fault reduces your damages.¹³ For cases started on or after May 26, 2026 that are governed by the no-fault law, New York also bars a claimant who is more at fault than the defendants.¹³ Because riders are largely outside the no-fault system, it is not yet clear how that new bar applies to motorcycle claims.

This is why a careful investigation matters so much. A rider who was moving a little fast may still recover if the driver turned left without looking. Our comparative negligence guide explains these rules with examples.

Evidence to protect after a motorcycle crash

Motorcycle cases often turn on visibility, speed and lane position. The evidence that answers those questions can disappear quickly.

1. Get medical care right away and describe every injury, including scrapes and pain that seems minor.
2. Call the police and get the report number.
3. Photograph the scene, the vehicles, the road surface, skid marks, debris and your injuries.
4. Get the names and phone numbers of witnesses.
5. Look for cameras on nearby businesses, homes, buses and traffic signals, and ask a lawyer to request the footage quickly.
6. Keep your motorcycle unrepaired until it can be inspected and photographed, and keep your gear as it is.
7. Do not give a recorded statement to the driver’s insurer before getting legal advice.

Your own policy may include uninsured or underinsured motorist coverage that matters if the driver had little or no insurance or fled the scene. Our uninsured and underinsured motorist page explains how those claims work.

Damages and deadlines

Damages in a motorcycle case can include medical expenses, lost wages and earning capacity, pain and suffering, scarring and disfigurement, a spouse’s claim for loss of companionship, and damage to your bike and gear. Because riders often lack PIP or no-fault coverage, medical bills paid by Medicare, Medicaid or some health plans may become liens on a recovery. Our settlement liens guide explains how those are handled.

In New Jersey, a personal injury lawsuit generally must be filed within two years.¹⁴ In New York, the general deadline is three years.¹⁵ Claims against public entities, such as for a road defect, have much shorter notice deadlines. If a crash caused a death, see our wrongful death page.

How Parra Klein handles motorcycle accident cases

Parra Klein, LLC represents injured riders and passengers in New Jersey and New York. In a motorcycle case, our work usually includes the following.

• Investigating the crash scene, sight lines and road conditions, and searching for video before it is overwritten
• Documenting the motorcycle and your gear before repairs, and preserving the helmet
• Reviewing your motorcycle and auto policies to find every source of coverage and to check whether a lawsuit threshold could apply
• Identifying whether a road defect or a public entity is involved, and meeting notice deadlines
• Working with your treating doctors to document your injuries with objective findings
• Responding to rider bias with facts, and preparing the case for trial from the start

Our attorneys Arlene M. Parra, Brian A. Klein and Juan Carlos Reyes are each admitted in New Jersey and New York. Arlene Parra and Juan Carlos Reyes are fluent in Spanish, and we serve clients in Spanish (se habla español).

We have offices in Elmwood Park and Union City, New Jersey, and in Manhattan, and we offer remote consultations. Consultations are free, and there is no attorney’s fee unless we recover money for you.