Queens motorcycle crash injuries carry a tougher legal path than car crashes in New York: motorcyclists are excluded from standard no-fault benefits and must pursue liability claims under strict deadlines. Attorney Keetick L. Sanchez explains what riders can s
JACKSON HEIGHTS, N.Y. — A motorcycle crash can leave riders injured, confused, and—just as quickly—tight deadlines begin to close around their cases.
In New York, the legal starting line for riders is different from what car occupants get. Queens motorcycle accident attorney Keetick L. Sanchez of K L Sanchez Law Office, P.C. says the state’s no-fault exclusion for motorcyclists is built into the insurance rules. meaning riders involved in crashes do not receive the standard no-fault personal injury protection benefits available to car occupants.
Under New York Insurance Law 5102(f) and 5103(f), motorcyclists are excluded from those benefits. Sanchez explains the contrast in plain terms: when a car occupant is hurt. their own insurer pays medical bills and lost wages regardless of fault. Motorcycle riders, she says, do not get that automatic coverage. “Every dollar of recovery has to come from a liability claim against the at-fault party,” Sanchez says.
There is one critical upside to that exclusion. Sanchez notes that because riders are not bound by the no-fault system. they do not have to clear the serious injury threshold under 5102(d) before filing a lawsuit. For car occupants. a qualifying injury—such as a fracture. significant disfigurement. permanent loss of use. or another qualifying injury—must be proven before suing the other driver. Riders, Sanchez says, may pursue a liability claim for any injury caused by another party’s negligence.
For injured riders in Queens, that difference matters alongside the clock.
Sanchez highlights left-turn collisions as the most frequent and dangerous type of motorcycle crash. In those crashes. a driver turning left at an intersection fails to see an oncoming rider and cuts across the path. She points to the National Highway Traffic Safety Administration. which reports that this scenario accounts for a significant share of fatal motorcycle crashes nationwide.
Other common crash types in Queens include lane-change and blind-spot collisions; rear-end strikes at stoplights on congested corridors like Queens Boulevard; and door-opening incidents on commercial streets in Jackson Heights, Astoria, and Long Island City.
But the responsibility in a motorcycle case may not be limited to the person holding the handlebars.
Sanchez says liability may extend beyond the at-fault driver. An employer may share responsibility under the doctrine of respondeat superior when the driver was working at the time of the crash. The City of New York or the New York State Department of Transportation may be liable for dangerous road defects such as deep potholes or malfunctioning signals. And a manufacturer may be sued under product liability theory for mechanical failures.
“Identifying every responsible party early is one of the most important steps in maximizing a recovery,” Sanchez advises.
Deadlines are strict in New York. The basic personal injury statute of limitations under CPLR 214 is three years from the date of the crash. Wrongful death claims under EPTL 5-4.1 must be filed within two years of the date of death.
When claims involve New York City and many other municipal entities, the rules become even tighter. A Notice of Claim must be served within 90 days under General Municipal Law 50-e, and the lawsuit itself must be filed within one year and 90 days under 50-i.
Sanchez ties the pressure facing riders to the places they ride every day. Queens Boulevard, the Long Island Expressway, Northern Boulevard, the Grand Central Parkway, and the Van Wyck Expressway are heavy traffic routes, and she points to aging infrastructure that can put riders at elevated risk.
The firm represents injured riders throughout the borough, including Flushing, Astoria, Long Island City, Elmhurst, Corona, Woodside, Forest Hills, Rego Park, Jamaica, and Ridgewood.
Even gear rules can influence outcomes. New York requires DOT-approved helmets and eye protection under VTL 381, and Sanchez says a violation affects comparative fault rather than the right to sue.
For injured riders. Sanchez says. damages are not narrowed by a no-fault threshold in the way car accident claims can be. She says riders are entitled to the full range of personal injury damages without the no-fault threshold that limits car accident claims. Recoverable damages include past and future medical expenses, lost wages, lost earning capacity, pain and suffering, scarring, and emotional distress.
For families of riders killed in a Queens crash, wrongful death claims may be brought by the personal representative of the estate. Those claims, Sanchez says, can recover medical expenses, funeral costs, lost income, and other pecuniary losses suffered by the distributees.
K L Sanchez Law Office, P.C. is a Jackson Heights-based law firm focused on personal injury and motor vehicle accident representation. Led by attorney Keetick L. Sanchez, the firm represents injured motorcyclists, drivers, passengers, and pedestrians throughout Queens and the greater New York City area.
For consultations, the firm can be reached at (646) 701-7990, with an address listed as 37-06 82nd St #304, Jackson Heights, New York 11372. Website: https://accidentlawyer-queens.com/. Email: accidentlawny1@gmail.com.
Queens motorcycle accident attorney no-fault exclusion motorcyclists New York Insurance Law 5102(f) Insurance Law 5103(f) CPLR 214 statute of limitations EPTL 5-4.1 wrongful death General Municipal Law 50-e Notice of Claim General Municipal Law 50-i left-turn motorcycle collisions respondeat superior product liability mechanical failure VTL 381 helmet and eye protection
No-fault is for cars right? So motorcyclists basically get screwed on purpose.
So if you’re on a motorcycle you don’t get medical paid automatically? That seems messed up. Also “act fast” sounds like they’ll deny you if you don’t call the lawyer first day.
I thought no-fault just meant it doesn’t matter whose fault it is. But this says riders still have to sue the at-fault person… so it’s kind of not no-fault then? Idk, insurance law is always confusing.
Left-turn crashes are the worst but I feel like the article is skipping the part where it’s gonna be impossible to collect from “at-fault” if their insurance is low. Like, what’s the point of not needing that serious injury threshold if nobody can pay anyway? Also the ‘clock’ thing—how fast are we talking, like weeks or days?