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Does no-fault cover motorcyle accidents? Is there a New York state law that states this?

If you are asking if an auto insurance policy's no-fault (PIP) portion of a policy extends to a motorcycle accident, it usually does not. You would need motorcycle PIP insurance to cover you on a motorcycle.

The New York Insurance Department states that under no circumstances may a motorcycle be operated on public highways without liability coverage in effect. This also applies to motorcycles registered out-of-state.

No-Fault, also called Personal Injury Protection (PIP), is designed to pay promptly regardless of who might have been at fault or whether there was any negligence, for economic losses (meaning medical/health expenses, lost earnings, and other reasonable and necessary expenses related to injuries sustained), up to $50,000 per person (basic No-Fault coverage), to the driver and all passengers injured in your car as well as any pedestrians injured by your car, because of its use or operation in New York State.

No-Fault is personal injury coverage and does not pay for auto body repair of your car or damage to any other party’s motor vehicle or real or personal property. No-Fault is also primary to health insurance, which means it pays first in the event injury is due to an auto accident.

NYS Basic No-Fault auto insurance coverage includes:

  • reasonable and necessary accident related medical and rehabilitation expenses (in accordance with established fee schedules);
  • 80% of lost earnings from work, up to a maximum payment of $2,000 per month for up to three years from the date of the accident;
  • up to $25 a day, for up to a year from the date of the accident, to reimburse other
  • reasonable and necessary expenses, (e.g., household help, and transportation
  • expenses to/from medical treatment) resulting from the auto accident; and
  • a $2,000 death benefit (in addition to the $50,000 basic No-Fault limit), payable to the estate of a person eligible for No-Fault benefits but killed in a motor vehicle accident.

However, under most insurance policies, a person will be ineligible for No-Fault benefits, if:

  • driving while intoxicated or impaired by use of a drug that contributes to the accident;
  • intentionally causing his or her own injuries;
  • riding an all terrain vehicle (ATV) or a motorcycle as operator or passenger (a pedestrian struck by a motorcycle or ATV is covered);
  • injured while committing a felony;
  • injured while in a vehicle known to be stolen; or
  • an owner of an uninsured vehicle.

If you want to know about specific about an insurance policy and what is or is not covered read through the terms of your policy and speak with your insurance agent. For particulars with regards to New York insurance laws you can contact the NYS Insurance Department directly for consumer help.

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This car insurance question was asked on 12/5/2007
This auto insurance answer was last updated on 12/7/2007
Juan S requested this car insurance solution.
Rated 0 out of 10 based on 0 votes.
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