In New York, when a person is injured as a result of a motor vehicle accident, in order to recover for those personal injuries that person must satisfy the “Serious Injury” analysis, which is stated in New York Insurance Law Section 5102(d). This is a statutory requirement that is intended to permit recovery where the injuries are serious, and not just minor.
This law was enacted when New York created the No-Fault coverage provisions to be required with all motor vehicle insurance policies. The No-Fault coverage is meant to provide up to $50,000 of coverage for medical treatment and lost wages for an injured person immediately, without the need to determine fault for the motor vehicle accident.
What is a Serious Injury?
A “Serious Injury” as defined by New York State Insurance Law Section 5102(d) means a personal injury which results in:
- death;
- dismemberment;
- significant disfigurement;
- a fracture;
- loss of a fetus;
- permanent loss of use of a body organ, member, function or system;
- permanent consequential limitation of use of a body organ or member;
- significant limitation of use of a body function or system; or
- a medically determined injury or impairment of a non-permanent nature which prevents the injured person from performing substantially all of the material acts which constitute such person’s usual and customary daily activities for not less than ninety days during the one hundred eighty days immediately following the occurrence of the injury or impairment.
Motorcycle Operators & Passengers Excluded From Serious Injury Requirements & No Fault Coverage in New York
New York’s No-Fault coverage is not available to an operator or passenger of a motorcycle, as motorcycles are excluded from the Serious Injury requirements. Therefore, when a motorcyclist or its passenger is injured in an accident, they can recover for any injuries sustained in the accident without having to prove they meet one of the above serious injury categories. This is a big hurdle that motorcyclists and their passengers do not have to overcome to proceed with a personal injury case.
The downside of this is that they would not have access to the $50,000 of No-Fault coverage that operators and passengers of a motor vehicle have. As such, motorcyclists and their passengers must rely upon their own health insurance plans to cover payment for medical treatment. Depending on the type of health insurance plan you have, they may have a legal right to then seek reimbursement from any settlement for medical expenses paid by them.
Following a Motorcycle Accident, Get The Help You Need From an Experienced Personal Injury Attorney
If you or a loved one have been injured in a motorcycle accident, please call the personal injury attorneys at Maynard, O’Connor, Smith & Catalinotto for a free consultation, and to ensure that your interests are promptly and properly protected.
You can reach us via phone at (800) 721-3553, or contact us online to set up a free case review with a member of our legal team. Contact us today!
Related Resources:
No-Fault Insurance: What It Is and What It Covers – Learn more about no-fault insurance so you can understand how the fact that motorcyclists are not covered by it will impact you.
Motorcycle Helmet Laws: Are Motorcycle Helmets Required in NY? – Find out if helmets are required when riding motorcycles in New York State.
Tips for Surviving a Motorcycle Accident – Find tips for avoiding motorcycle crashes, and learn what to do to protect yourself if you find yourself in the midst of one.
