Whether you’re in a car or on a motorcycle, the traumatic experience of an auto accident can be severe and impact your life permanently. While many assume these accidents follow the same legal path, that couldn’t be further from the truth. When it comes to insurance laws, filing claims, and the legal process, these two types of accidents can differ greatly.
This article will go through the key differences between car and motorcycle accidents, highlight how claims and lawsuits work, and offer guidance for injured drivers and riders navigating the legal system.
Key Differences Between Car and Motorcycle Insurance Laws
While both types of vehicles require insurance, what they cover and how they function varies. Here are key differences between the two:
Car Insurance Requirements:
- Liability insurance: Covers injuries and property damage to others when you’re at fault. This is required in almost every state.
- Personal Injury Protection (PIP): Required in no-fault states (like NY), it covers your own medical expenses and lost wages, regardless of who caused the accident.
- Collision and Comprehensive: While optional add-ons, collision covers your own car repairs after an accident. Comprehensive covers theft, vandalism, and weather damage.
- Uninsured/Underinsured Motorist Coverage: Protects you if the at-fault driver has little or no insurance.
Motorcycle Insurance Requirements:
- No PIP in most states: Most motorcycle insurance policies do not include PIP, even in no-fault states such as New York. Riders must rely on health insurance or pay out of pocket.
- No or low MedPay: Medical coverage is usually excluded in many states. While some insurers offer MedPay as an add-on, it’s often capped at low amounts.
- Passenger coverage: Sometimes not included, riders will need to purchase guest passenger liability in order to cover possible injuries to their passengers.
- Custom equipment: Motorcyclists often need special coverage for helmets, custom parts, and safety gear.
Some Common Misconceptions About Motorcycle Insurance:
- Car insurance covers motorcycles
- Medical coverage is included by default
- Passenger injuries are always covered
- You don’t need insurance if you’re not at fault
- Helmet use won’t affect a claim
- Minimum coverage is enough for serious crashes
Since motorcyclists are at a higher risk of injury (being more exposed, with no airbags, metal frame, or seatbelts), they often need more specialized coverage. Insurance can also be more expensive per dollar of coverage due to the severity of potential injuries. In some states, minimum coverage limits for motorcycles are different than for cars.
Filing an Insurance Claim: Car vs. Motorcycle Accidents
While the first steps in filing a claim after an accident may be similar, the process can feel very different for motorcyclists. Here are the similarities and differences between the two:
Similarities:
- Reporting the accident to insurance
- Collecting evidence (photos, medical records, police reports, etc.)
- Filing a first-party (your insurer) or third-party (the other driver’s insurer) claim depending on fault
Differences:
- Motorcycle riders may face delays or blame due to bias from insurance companies
- More scrutiny on helmet use, riding history, and licensing
- Motorcycle claims often involve higher medical bills
Whether you’re filing a car or motorcycle accident claim, key information such as taking photos of the accident scene, keeping all medical records, and submitting claims on time is crucial to protecting your right to compensation.
The Legal Process for Car and Motorcycle Accident Lawsuits
When insurance doesn’t offer a fair settlement for accident-related damages or injuries, filing a lawsuit may become necessary. Here’s how the process typically works:
- Investigation: Looking into the incident that occurred
- Filing a claim or lawsuit: Submitting a formal complaint to the insurer or court
- Discovery: Sharing collected evidence (photos, medical records, police reports)
- Settlement negotiations: Attempting to reach an agreement with the insurance company
- Trial: If no agreement is reached
For motorcycle accidents, it’s important to understand the impact of biker bias, where motorcyclists are often wrongly presumed to be at fault. This perception can affect the legal process. For both car and motorcycle cases, strong evidence is needed to prove fault and negligence.
Motorcyclists should also be aware that not wearing a helmet may affect a lawsuit. In many states, failing to follow helmet laws can reduce compensation, even if the rider wasn’t at fault. However, even if you’re partially at fault, you may still be eligible for compensation. Most states use comparative negligence, a legal principle that divides liability and reduces damages based on each party’s contribution to the accident.
Common Causes of Car vs. Motorcycle Accidents
The risks vehicles face on the road vary greatly. Understanding these dangers can help explain how and why certain claims or lawsuits develop. Here are some common causes:
Car Accidents:
- Rear-end collisions: Following too closely or tailgating, especially in heavy traffic
- Distracted driving: In 2023, distracted driving was responsible for 3,275 fatalities in the U.S.
- Impaired driving: Alcohol-impaired driving remains a leading cause of traffic deaths
- Speeding: A major factor in fatal crashes, often reducing reaction time and increasing impact force
Motorcycle Accidents:
- Drivers failing to yield: Often occurs at intersections—especially when cars turn left in front of oncoming motorcycles
- Blind spot collisions: Due to their smaller size, motorcycles are harder for drivers to see
- Road hazards: Potholes, uneven pavement, and debris are far more dangerous for motorcycles
- Alcohol impairment: In 2023, 41% of motorcyclists who died in single-vehicle crashes were alcohol-impaired
Injuries in Car vs. Motorcycle Accidents
While all drivers can suffer severe injuries, motorcyclists are significantly more likely to experience life-altering trauma. Typical injuries include:
Car:
- Whiplash
- Broken bones
- Concussions
- Spinal cord injuries
- Head injury
Motorcycle:
- Traumatic brain injuries
- Road rash
- Fractures
- Burns
- Leg & arm injuries
The severity of these injuries can greatly impact your claim’s value, especially in terms of medical bills, long-term care, and emotional distress.
Tips for Navigating a Car Accident Claim
After a car accident, it’s easy to feel overwhelmed. But your next steps can greatly affect your car accident claim. Here’s what to do:
- Call the police and seek medical help
- Notify your insurance provider
- Keep detailed records of the incident and your injuries
- Do not admit fault at the scene
- Consider contacting a car accident lawyer if injuries are involved
Tips for Navigating a Motorcycle Accident Claim
Like car accidents, motorcycle crashes can be disorienting—but they require a few extra steps. Riders should also:
- Gather helmet and gear information
- Be prepared for insurance pushback
- Document riding conditions and gear usage
- Consider consulting a motorcycle accident attorney
When to Hire a Lawyer for a Car or Motorcycle Accident
If your injuries are serious, or if the insurance company denies or underpays your claim, you should speak with an accident attorney. Legal help may be necessary if:
- Serious injuries: Broken bones, surgery, traumatic brain injury, or long-term rehabilitation
- Disputed liability: The other party denies fault or multiple vehicles are involved
- Insurance delays or denials: Your claim is ignored or lowballed
Each state has a statute of limitations for filing a personal injury claim. In New York, it’s generally three years from the accident date. A lawyer ensures all deadlines are met. For motorcycle cases, helmet use, license class, and gear usage can influence the outcome. Attorneys experienced in motorcycle law know how to challenge bias and technical issues that can affect your claim.
Contact an Experienced Accident Lawyer Today
If you or a loved one were injured in an auto accident, don’t wait. The sooner you understand your rights and legal options, the stronger your case will be. Even if you’re unsure about your next steps, a consultation can help you avoid costly mistakes.
The car and motorcycle accident lawyers at Sobo & Sobo are standing by to offer free consultations 24/7. Call 855-468-7626 today to discuss your case with an experienced attorney.
Frequently Asked Questions
Are motorcycle accident claims harder to win?
Yes, insurance companies often assume riders are at fault and it takes more evidence to prove you’re not.
Is insurance different for motorcycles than for cars?
Yes, motorcycle insurance usually lacks medical coverage like personal injury protection (PIP).
Can I file a personal injury claim if I wasn’t wearing a helmet?
Yes, but your compensation might be reduced depending on state helmet laws.
Do car drivers have more legal protection than motorcyclists?
Generally yes. Motorcyclists often face more legal challenges due to bias and limited coverage.
How long does a motorcycle or car accident case take to settle?
Anywhere from a few months to over a year, depending on complexity.
