Everclad Law Group represents motorcyclists hurt in crashes across Nassau County, Long Island, and New York City. Because motorcyclists are excluded from No-Fault PIP under Insurance Law §5103(a)(1), you can sue the at-fault driver for all damages — including soft-tissue injuries a car case would have blocked. Harvard and DA-trained attorneys with 10+ years recovering millions. Prior results do not guarantee a similar outcome. The call is free. The fee is contingent on winning.
A New York motorcycle accident claim is a personal injury action against an at-fault driver — and unlike car accidents, it is not gated by the No-Fault serious-injury threshold. Under Insurance Law §5103(a)(1), motorcyclists are expressly excluded from No-Fault PIP coverage. That exclusion has a counter-intuitive upside: because No-Fault does not apply, the “serious injury” threshold under §5102(d) does not apply either. A motorcyclist may sue for all damages — pain and suffering, future medical, lost earning capacity — even for soft-tissue injuries that would be barred in a car-accident case.
The general statute of limitations is 3 years (CPLR §214); Notice of Claim against any municipal entity is 90 days (GML §50-e). New York’s helmet law (VTL §381) requires helmet use; failure to wear one does not bar recovery but may reduce damages for specific head injuries. The defense will push anti-motorcycle bias — speeding, lane-splitting, “should have known the risk.” We counter that early, with traffic-cam footage, witness statements, helmet preservation, and accident reconstruction. Everclad Law Group represents motorcycle accident clients across Nassau County, Long Island, and NYC on contingency, with no upfront cost.
Motorcycle cases are won and lost on the first 72 hours of evidence and the last hour of jury selection. Here is how we approach the cases we see most.
The most common motorcycle-vs-car crash. VTL §1141 puts the burden on the left-turning driver; VTL §1146 requires drivers to exercise due care for all road users. Light-cycle analysis, witness statements, and the driver’s “I didn’t see him” admission are the spine of these cases.
Drivers fail to check blind spots for smaller silhouettes. Mirror evidence, side-impact damage patterns, and the legal duty under VTL §1163 to signal and confirm clear merges decide these cases.
VTL §1214: no person shall open a vehicle door unless reasonably safe. Drivers in parked cars who fling doors into bike traffic face strict liability under the statute and full damages under §5103.
Defective roads disproportionately injure motorcyclists. Claims against NYC, NY State DOT, or local municipalities require Notice of Claim within 90 days and run on prior-written-notice statutes (NYC Admin Code §7-201).
Recovery may come through Uninsured Motorist (UM) coverage on the rider’s policy or the MVAIC state fund. MVAIC paperwork must be submitted within 90 days. Helmet damage is often a useful piece of impact evidence.
Criminal DWI charges run on a parallel track but do not substitute for your civil claim.
A partner of the firm leads every case, supported by the firm’s resources at each stage so nothing slips between calls.
A licensed New York attorney reviews your case, by phone, video, or at your home or hospital bed. Always confidential.
Personal injury cases often depend on evidence with short retention windows — scene photographs, dashcam, surveillance video, medical records, 911 audio, and timely No-Fault filings. Early review identifies what is available and what each case requires.
Each matter is prepared with the possibility of trial in mind — depositions, expert work, motion practice. Settlement leverage flows from preparation, not from posture.
Where a recovery is obtained, lien negotiation and medical accounting are part of the settlement process before any net distribution to the client.
Credentials, focus, and a boutique structure built so injured New Yorkers never face an insurance company alone. Prior results do not guarantee a similar outcome.
Two partners lead every matter the firm takes on. You get direct access to the attorney guiding your case, with the team’s resources behind them.
Founding Partner
A courtroom-first lawyer trained at the Kings County District Attorney’s Office, where he tried cases in front of New York juries. Yoni built Everclad around the principle that case value is driven by trial preparation, and that insurers calibrate offers to the credibility of that preparation.
Partner
Harvard Law School. Over a decade of complex litigation. Joe leads the firm’s complex-litigation work and builds case files prepared for trial from the outset.
A small sampling of the reviews that have made Everclad one of the highest-rated personal injury firms on Long Island.
Unbelievable experience! I thought the process would be draining but they handled it in the most efficient way possible!
I started my case with them and it has been the best decision I have made. I definitely recommend them. It is the best law firm. I am infinitely grateful for their hard work, dedication, responsibility, professionalism, and good assistance.
Amazing law firm! I highly recommend.
The questions we hear most often from motorcyclists hurt on New York roads — answered by attorneys who counter the bias narrative every day.
See all 45 FAQs →No. Motorcyclists are expressly excluded from New York’s No-Fault PIP under Insurance Law §5103(a)(1). The exclusion has two consequences:
(1) You cannot collect $50,000 in PIP from your own policy for medical bills and lost wages.
(2) The serious-injury threshold under §5102(d) does NOT apply — meaning a motorcyclist may sue the at-fault driver for all damages, including pain and suffering, even for soft-tissue injuries that would be barred in a car accident case.
Under CPLR §214, the general statute of limitations is 3 years. Claims against a municipal entity (NYC, MTA, NY State, NYCHA, school district) require a Notice of Claim within 90 days under GML §50-e and a lawsuit within one year and 90 days. Wrongful-death claims from a fatal motorcycle accident run on a separate 2-year limitation under EPTL §5-4.1.
(1) Call 911 and report the crash.
(2) Get medical attention even if you feel fine — adrenaline masks injuries.
(3) Photograph the scene, both vehicles, license plates, the road surface, your helmet (broken or scratched helmets prove impact), and visible injuries.
(4) Exchange information and gather witness contacts.
(5) File the MV-104 with the NY DMV within 10 days if damages exceed $1,000.
(6) Preserve your helmet, gear, and bike — do not have anyone repair or discard them.
(7) Talk to a personal injury attorney before giving a recorded statement to any adjuster.
Insurers and jurors carry anti-motorcycle bias. The defense will suggest you were “speeding” or “lane-splitting” or “should have known the risk.” We counter that early: helmet preservation, gear preservation, witness statements, traffic-cam and surveillance footage, vehicle data, accident reconstruction. VTL §1146 requires drivers to exercise due care for all road users. Bias is real but legally irrelevant — and we treat every motorcycle case as a trial case from day one.
Under VTL §381, helmets are required on all NY roads. If you were not wearing one, the insurer may try to reduce damages for head, neck, or facial injuries by arguing “failure to mitigate.” But helmet non-use does not bar recovery — it is one factor a jury may consider for specific head injuries. For fractures, internal damage, road rash, or lower-body injuries, helmet status is legally irrelevant.
You can still recover. New York follows pure comparative negligence under CPLR §1411. You may recover even if you were 99% at fault, with your award simply reduced by your percentage. The defense will push the bias narrative hard — that is why we build the file for trial.
Recovery is possible through your own Uninsured Motorist (UM) coverage if you carry it on your motorcycle policy, or through the Motor Vehicle Accident Indemnification Corporation (MVAIC) for hit-and-run cases. MVAIC paperwork must be submitted within 90 days.
Not before consulting an attorney. Adjusters are trained to ask leading questions designed to lock in comparative fault or anti-motorcycle bias. You are generally not legally required to provide recorded statements to the other driver’s insurer. Let your lawyer handle every communication.
Walk-ins welcome by appointment. Home and hospital visits available throughout Nassau, Queens, Brooklyn, Manhattan, and the Bronx.
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