Generally, insurance carriers of motor vehicles in New York State must provide first party coverage for their insureds, regardless of fault, up to $50,000. This includes: medical expenses, lost earnings and costs for medical supplies.1 However, Article 51 of the New York State Insurance Law, entitled the “Comprehensive Motor Vehicle Reparations Act” and commonly known as the “No-Fault Law,” specifically excludes occupants of motorcycles from this coverage.2
Insurance Law §5103(a)(1) provides that “every owner…shall be liable for: the payment of first party benefits to (1) Persons, other than occupants of another motor vehicle or a motorcycle.” Paragraph (2) provides for first party benefits to the named insured and members of his household, and again excludes “occupants of motorcycles.”3 Even the statutory death benefit of $2,000 for the death of a covered person is denied to the estate of the person if he was the occupant of a motorcycle.4
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
