A motorcycle accident can turn your life upside down in an instant. Between mounting medical bills, lost wages, and dealing with insurance adjusters, you may feel overwhelmed about what to do next. If the accident wasn’t your fault, you deserve compensation for your injuries—but the motorcycle accident claim process in New York can be complex.

New York does not provide no-fault insurance benefits for motorcyclists, meaning riders must file a claim against the at-fault party’s insurance to recover damages. However, insurance companies are not on your side—they will look for any reason to minimize or deny your claim.

At Greenspan & Greenspan Injury Lawyers, we have been fighting for injured motorcyclists since 1959. With deep experience in White Plains, New Rochelle, and throughout New York, we know how to navigate the legal system and push back against unfair insurance tactics. If you were in a motorcycle crash, contact us to schedule a free consultation. In the meantime, here are some tips for filing a motorcycle accident claim in New York.

Step 1: Hire an Experienced New York Motorcycle Accident Lawyer

Filing a motorcycle accident claim involves strict deadlines, complex negotiations, and aggressive insurance companies. An experienced New York motorcycle accident attorney ensures your rights are protected and you aren’t missing any crucial legal deadlines.

At Greenspan & Greenspan, we handle every part of the motorcycle accident claim process, including:

  • Investigating the accident and gathering evidence,
  • Communicating with insurance companies on your behalf,
  • Calculating your damages to maximize compensation,
  • Negotiating aggressively for a fair settlement, and
  • Taking your case to court if necessary.

The sooner you contact a lawyer, the better your chances of securing full and fair compensation for your injuries.

Step 2: Report the Accident and File an Insurance Claim

In New York, no-fault insurance does not cover motorcyclists, meaning you must file a claim against the at-fault driver’s insurance. To begin this process:

  • Call 911 at the scene and request police and medical response if you’re injured,
  • Notify your insurance company about the accident, and
  • File a third-party claim with the at-fault driver’s insurer.

Be cautious about what you say at the accident scene to the involved parties and the responding police officer. Even something as simple as “I’m sorry” can be construed as admitting fault.

After filing your claim, expect a call from the other driver’s insurance adjuster. Be cautious about what you say, as their goal is to find a reason to minimize your payout. So don’t say much. Stick with the facts, refrain from commentary, and refer them to your attorney as early in the conversation as possible. Never provide a recorded statement or accept a settlement offer without consulting an attorney first.

Step 3: Gather Evidence to Strengthen Your Case

To build a strong claim, document as much as possible, starting at the accident scene. Important evidence includes:

  • Police report confirming the crash details;
  • Medical records linking your injuries to the accident;
  • Photographs of the accident scene, vehicle damage, and injuries;
  • Witness statements to support your version of event; and
  • Surveillance footage (if available).

The more evidence you have, the harder it is for insurance companies to dispute your claim. This evidence is also crucial if you are filing a motorcycle crash lawsuit with the court because the insurance company refuses to negotiate a fair settlement.

Step 4: Determine the Value of Your Claim

A personal injury motorcycle accident claim covers more than just medical bills. Your lawyer will calculate both economic and noneconomic damages, including:

  • Medical expenses, such as emergency care, hospital stays, surgeries, and rehabilitation;
  • Income lost due to injury, including future lost earnings;
  • Pain and suffering, such as emotional distress and reduced quality of life; and
  • Repairs or replacement of your motorcycle.

Insurance companies often offer lowball settlements. A skilled attorney will ensure all damages are accounted for and protect your interests.

Step 5: Negotiate with the Insurance Company

As we mentioned, insurance companies do not have your best interests in mind. Their goal is to minimize the potential payout and protect their bottom line. The other driver’s insurance adjuster may try to:

  • Blame you for the accident,
  • Deny the severity of your injuries, or
  • Offer a settlement far below what you deserve.

Your attorney will handle negotiations to counter these tactics. Greenspan & Greenspan Injury Lawyers have been negotiating with New York insurers for decades, so we know how to fight for the best possible outcome.

If the insurance company refuses to negotiate a fair settlement, the next step is filing a motorcycle crash lawsuit.

Step 6: File a Motorcycle Crash Lawsuit If Necessary

Filing a lawsuit may be necessary to recover full compensation if negotiations fail. The litigation process includes:

  1. Filing a formal complaint in the proper New York court;
  2. Serving the defendant;
  3. Exchanging evidence, which is known as the discovery phase;
  4. Engaging in pre-trial negotiations to attempt a settlement; and
  5. Going to trial if the parties do not reach an agreement.

Most cases settle before trial. However, having an attorney who is prepared to go to court discourages the insurance company from taking advantage of you during negotiations.

How Long Do You Have to File a Claim?

New York law sets strict deadlines for filing a lawsuit. In most cases, you have three years from the accident date to file a lawsuit for a motorcycle crash. If someone passes away from their injuries, certain surviving family members typically have two years from the date of death to bring a lawsuit. The filing time is reduced significantly if any defendant is a government entity. In most cases, you must file a notice of claim within 90 days.

Missing these deadlines could mean losing your right to compensation, so acting quickly is crucial. That’s why we recommend contacting an experienced lawyer right after the crash.

How We Can Help

Since 1959, our firm has been helping injured motorcycle victims throughout New York. We provide:

  • Direct attorney access. You work with a lawyer, not just a case manager.
  • Deep legal knowledge. We understand New York motorcycle laws inside and out.
  • Proven results. We’ve secured millions in compensation for injured riders.

We take on tough cases, challenge insurance company tactics, and fight to maximize your claim. If you’ve been injured in a New York motorcycle accident, don’t wait—the sooner you take action, the stronger your case will be.

Contact a New York Motorcycle Accident Lawyer Today

At Greenspan & Greenspan, we’re dedicated to helping injured riders recover. Call today for a free consultation, and let us fight for the compensation you deserve. Let us put our decades of personal injury experience to work for you.