Differences Between Motorcycle Claims vs. Car Accident Claims in NY

A motorcycle accident or car crash can happen in the same place, on the same day, but the road to recovery often looks very different. Whether you’ve been hurt as a motorcyclist, driver, or passenger, it’s important to understand how each type of accident claim works in New York. At Chelli & Bush, Attorneys at Law, our personal injury lawyers have handled thousands of car crashes and motorcycle accident lawsuits in Staten Island, Brooklyn, and the greater NYC area. Here, we explain how these cases differ and how our team can protect your rights and provide legal support throughout the process. 

Quick Facts

• Motorcyclists are more likely to suffer catastrophic or fatal injuries than occupants of passenger vehicles.
• Medical expenses and long-term care costs tend to run higher in motorcycle accident lawsuits than in car accident claims.
• Bias against motorcyclists can unfairly influence insurance adjusters and juries.
• Unlike car accidents, motorcycle injury claims are excluded from New York's no-fault insurance system.
• Our experienced Staten Island car accident lawyers have helped clients successfully navigate these complex differences for more than five decades. 

Key Differences Between Motorcycle vs. Car Accident Claims

While most car and motorcycle accident lawsuits involve proving fault and pursuing damages, the similarities often end there. Knowing the differences can help you better understand the process and how our motorcycle accident lawyers prove your case. 

Catastrophic Injuries

Unlike those riding in cars or large commercial trucks, motorcyclists have no seatbelts or protection surrounding them. They are much more likely to suffer serious conditions like traumatic brain injury (TBI) and spinal cord damage, severe road rash, burns, complex fractures, disfigurement, and injury to internal organs. These catastrophic injuries often have lifelong physical, emotional, and financial repercussions. Injuries may require multiple surgeries, hospital stays, months of rehabilitation, and long-term nursing care. Victims of spinal cord injuries or amputation usually need special assistive equipment, prosthetics, and home modifications. 

More Costly Damages

While someone who’s hurt in a car accident can certainly suffer life-altering injuries, the long-term costs of motorcycle injuries are often much higher. This means that motorcycle accident lawsuits often involve significant amounts of money. Common damages include:

• Current and future medical treatment
• Long-term nursing care
• Medical equipment, assistive devices, and home modifications
• Lost wages and diminished earning capacity
• Pain and suffering
• Emotional distress
• Permanent disability or disfigurement
• Loss of companionship and consortium
• Property damage

Insurance Coverage Challenges

New York is generally a no-fault state when it comes to motor vehicle accidents. All car and truck owners are required to carry personal injury protection (PIP), which covers medical bills and lost wages after a car accident, regardless of who was at fault.

However, under New York law, motorcyclists are excluded from this no-fault system. An injured rider cannot simply file an injury claim with their own insurance company like a car accident victim can. Instead, riders often rely on their own health insurance to cover immediate treatment. If someone else was responsible for their injuries, a motorcyclist may pursue a claim for damages against the at-fault driver.

Believe it or not, a significant number of motorcyclists aren’t aware of this distinction and try to file a no-fault injury claim with their insurance company. Being caught off guard like this can be incredibly stressful, especially when you’re seriously injured, unable to work, and medical bills start piling up.

Whether you’ve suffered serious injuries in a motorcycle accident or car crash, our attorneys work with medical experts, life-care planners, and economists to calculate how much your long-term recovery actually will cost. We also know how to help motorcyclists navigate the insurance gaps when no-fault coverage doesn't apply. We can investigate your case, help you file a claim against any liable parties, and push back when insurance adjusters try to undervalue your claim. 

Why Motorcycle Cases Are Often Harder to Win

Even if a motorcyclist did nothing wrong, they face challenges that car accident injury victims don’t often encounter. Motorcycle accident claims can be difficult to win, which is why you need an experienced attorney. Challenges include:

Bias Against Motorcyclists

Insurance adjusters and jurors sometimes carry biases that paint motorcyclists as reckless or aggressive on the road. These assumptions can unfairly shift blame onto a rider even when a negligent or distracted driver caused the crash.

Overcoming this bias can be challenging. Our legal team knows how to build a solid narrative and reframe unfair assertions about motorcyclists. Strong evidence like accident reconstruction and video footage can provide clarity about what really happened and who was at fault. We may also present witness statements or testimony from loved ones that humanizes a person injured in a motorcycle accident. This helps juries understand that the crash didn’t happen because of a rider’s character or conduct, but someone else’s negligence. 

High-Value Claims

Because motorcycle injuries are often severe, medical bills and long-term care expenses often reach into the millions of dollars. Not only that, but motorcyclists also deserve to be fully compensated for the physical pain, psychological distress, and diminished quality of life they face after a catastrophic injury.



The more a motorcycle or car accident claim is worth, the harder insurers fight to pay as little as possible. Our team handles all communications and negotiations with insurers so you can focus on your recovery. We know their tactics and we are relentless in our pursuit to help you recover compensation that reflects the full scope of your current and future losses. 

What to Do After an Accident in New York

Whether you were riding a motorcycle or driving a car, taking these steps can make a difference in the outcome of your claim.

• Seek medical attention immediately, even if you feel fine
• Do not admit fault or say “I’m sorry”
• If possible, leave your bike or car where it is and take photos of the scene, vehicle damage, and your injuries
• Collect insurance information and contact info from other drivers and witnesses
• Notify your insurance company, but avoid giving a recorded statement without legal guidance
• For car accidents, file a no-fault claim within 30 days
• Attend all medical appointments and save any bills and receipts related to the crash
• Consult a personal injury attorney before you give a recorded statement, sign anything, or accept a settlement

Why Choose Our Staten Island Motorcycle Accident Attorneys?

At Chelli & Bush, we know that families often scramble to keep things together during a loved one’s recovery. That’s why we provide the compassionate legal support you need during this challenging time.

Our team understands the unique aspects of car accident claims and motorcycle accident lawsuits. Our trial-ready personal injury lawyers are adept at challenging biases against riders and building cases that resonate with juries.

We care about the clients we serve and have stood beside injured motorcyclists and drivers in Staten Island, Brooklyn, and the greater NYC area for more than five decades.

Our car accident lawyers handle hundreds of cases each year and have recovered more than $500 million for our clients. Our proven record of success reflects our experience, knowledge, and dedication to taking on powerful insurance companies with tenacity and patience. 

Find a Car or Motorcycle Accident Lawyer Near You in Staten Island, NY

At Chelli & Bush, Attorneys at Law, we make it easy to understand your rights after an accident and fight to help you get the compensation you need to move forward with confidence. To schedule a free, confidential consultation with a car accident attorney near you. Contact us or call 718-987-8444. We serve injury victims in Staten Island, Brooklyn, and the greater NYC area. 

Frequently Asked Questions About Motorcycle and Car Accident Claims in New York

Do insurers and juries really treat motorcyclists differently?

Yes. Even without any evidence of wrongdoing, they sometimes assume a motorcycle rider was speeding or reckless. An experienced motorcycle accident attorney knows how to counter that bias with facts and compelling legal arguments.

How long do I have to file a personal injury claim in New York?

Generally, car and motorcycle accident lawsuits must be filed within three years of the crash. However, if you need to file a no-fault claim with your auto insurance company, you should submit it within 30 days.

How much does it cost to hire a personal injury lawyer?

Our car accident lawyers take cases on contingency. This means you get quality legal representation with no financial risk to you. You pay nothing upfront and we only get paid if we successfully recover compensation for you.