Q: Can I claim “No-Fault” if I was hit by a motorcycle?

A: A pedestrian or bicyclist hit by a motorcycle can file a claim against the insurance company covering the motorcycle. Because the makers of New York’s No-Fault insurance law regard motorcycles as inherently dangerous, No-Fault does not apply to accidents involving motorcycles.

Insurance companies often attempt to limit or deny claims from pedestrians or bicyclists injured by motorcycles. Because of these hurdles, victims in these types of cases often benefit from experienced legal guidance. Since No-Fault coverage does not apply, a victim does not have to meet the legally mandated serious injury threshold prior to commencing a lawsuit involving a motorcycle accident.

According to the NYS Department of Financial Services:

If you are the operator or passenger of a motorcycle involved in an accident, you are excluded from No-Fault benefits (you may sue from first dollar loss). If you were a pedestrian hit by a motorcycle, you should file a claim with the insurer of the motorcycle.

If the motorcycle is not insured, then you may file the claim with the insurer of a household family relative who had an auto policy at the time of the accident. If there was no auto policy in the household, you should file a claim with the Motor Vehicle Accident Indemnification Corporation (MVAIC).

If you are are injured in a car accident while walking, jogging or riding a bicycle, you may be entitled to compensation for your medical expenses and other losses. Skilled legal representation can help make sure you are compensated to the fullest extent possible, whether you choose to pursue a personal injury lawsuit or settle out-of-court. If you are injured in the Capital Region – in Albany, Schenectady, Troy, Clifton Park, Saratoga or elsewhere in the Capital District – please call the personal injury lawyers of Lamarche Safranko Law PLLC  for a free consultation.

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