If you ride in New York, two rules shape almost every crash claim before the police even arrive: you have to wear a helmet, and you cannot split lanes. Both are settled law, and both come up fast when an insurer starts looking for a reason to pay you less. Here is what the statutes actually say, and how they play out after a crash.
New York City recorded 6,625 reported crashes in April 2026 alone.1 When one of those involves a motorcycle, the rules below tend to decide how much a rider can recover.
New York requires a helmet for every rider
New York is a universal helmet state. Vehicle and Traffic Law section 381 makes it unlawful to operate or ride on a motorcycle unless both the operator and any passenger wear an approved helmet.2 There's no age exemption and no experience exemption. That puts New York among the states that require helmets for every rider, not the smaller group that only covers riders under a set age.3
"Approved" has a specific meaning. The helmet must meet the federal safety standard for motorcycle helmets, FMVSS No. 218, codified at 49 CFR 571.218.24 A compliant helmet carries a permanent "DOT" and "FMVSS No. 218 CERTIFIED" label on the back of the shell.4 A novelty helmet without that certification does not satisfy the law, even if it looks the part.
One narrow carve-out exists. Limited use motorcycles in the lowest speed class (Class C, capped around 20 mph) fall outside the mandate.3 For any standard street motorcycle, the helmet rule is absolute.
Eye protection is also mandatory
The gear requirement doesn't stop at the helmet. VTL 381 has separately required eye protection since January 1, 1967.2 Unless the machine has an approved windscreen that meets state specifications, the rider has to wear goggles or an approved face shield.2 The DMV's motorcycle manual says the same thing: an approved helmet plus a shatter-resistant face shield or goggles is the baseline for legally operating a bike.5
Lane splitting is illegal statewide
New York does not allow lane splitting. VTL 1252 is blunt about it: "No person shall operate a motorcycle between lanes of traffic or between adjacent lines or rows of vehicles."6 That covers both weaving between lanes in moving traffic and filtering to the front at a red light. The same section also bars a motorcycle from overtaking and passing another vehicle inside the same lane.6
There's no exception for stopped traffic, for low speeds, or for HOV lanes. Unlike California, New York has never written a legal filtering rule into its code. If you were riding between lanes when a car moved into you, expect the other driver's insurer to argue your position on the road caused the crash.
How a helmet or lane-splitting issue affects your claim
New York changed its comparative negligence rule for motor vehicle cases in 2026, and the change matters for riders. Under the older rule (still the default for most claims), an injured person could recover even if mostly at fault, with damages cut by their share of blame. CPLR 1411 now adds subdivision (b): a modified comparative negligence rule for personal injury claims governed by no-fault (Insurance Law Article 51). If your fault is greater than the other driver's, you recover nothing; at 50 percent or less, your damages are reduced by your percentage.7 The change came in the 2026 state budget and applies to motor vehicle injury suits filed after it took effect in late May 2026. Pure comparative negligence still governs wrongful death and property damage claims.7
Two consequences follow for motorcyclists. Riding between lanes can be treated as comparative fault, and if a jury puts more than half the blame on you, that 50 percent bar can end the claim. And when a rider was hurt in the head, an insurer will often try to pin some of the injury's severity on a missing or non-compliant helmet, which can reduce the recovery tied to head injuries without touching damages for, say, a broken leg.
The serious injury threshold and no-fault
New York is a no-fault state. After a crash, your own policy's Personal Injury Protection pays first, regardless of who caused it. Every auto policy carries at least $50,000 in basic economic loss per person: medical bills with no time limit, lost earnings up to $2,000 a month for up to three years, and up to $25 a day in other reasonable expenses for one year.89
To step outside no-fault and sue the at-fault driver for pain and suffering, the injury has to clear the "serious injury" threshold in Insurance Law 5102(d). That list includes death, dismemberment, significant disfigurement, a fracture, loss of a fetus, permanent loss of use of a body organ or member, a permanent consequential limitation, or a significant limitation of use of a body function or system.810 A motorcyclist absorbs far more force than an enclosed driver, so fractures and permanent limitations, both of which meet the threshold, are common in these crashes.
The 2026 budget also added a narrow cap. Insurance Law 5104(d) limits non-economic damages to $100,000, but only for an at-fault claimant who was uninsured, driving while impaired and later convicted, or committing a felony at the time.10 It does not apply to an ordinary injured rider, and it does not apply to a death claim.10
Deadlines that can sink a case
No-fault runs on short clocks. Under Regulation 68, you have to give your insurer written notice of the claim within 30 days of the crash, submit medical bills within 45 days of treatment, and file lost-earnings claims within 90 days.11 Blow past them and the insurer can deny the bill.
The lawsuit clock is longer but firm: three years from the date of the crash for a personal injury claim, and three years for vehicle damage, under CPLR 214.12
New York's minimum liability limits are 25/50/10: $25,000 for injury to one person, $50,000 per accident, and $10,000 for property damage.9 Uninsured motorist coverage at the same 25/50 level is mandatory and can't be waived, which matters when the person who hit you fled or had no insurance.9
Reporting the crash and getting help
If anyone is injured or killed, or property damage tops $1,000, VTL 605 requires a written report to the DMV within 10 days.13 Ask the responding agency for its police report too; you can pull the state crash report later from our New York crash reports page.
Distraction is a frequent cause of car-into-motorcycle crashes. New York treats handheld phone use and texting as primary offenses under VTL 1225-c and 1225-d, and a conviction adds 5 points to the driver's license.1415 A ticket like that against the driver who hit you can help prove fault.
If your bike was damaged, you may have a diminished value claim on top of the repair bill. And if you're looking at a serious injury while an insurer is already talking about your gear or your lane position, it's worth speaking with a New York attorney who handles motorcycle cases.
This is general information, not legal advice.
Sources
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thatcarhitme.com, New York Crash Report, April 2026. https://thatcarhitme.com/crash-data/new-york/new-york/april-2026-report
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New York Vehicle and Traffic Law § 381 (motorcycle helmet and eye protection). https://www.nysenate.gov/legislation/laws/VAT/381
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Insurance Institute for Highway Safety, Motorcycle helmet laws by state. https://www.iihs.org/topics/motorcycles/motorcycle-helmet-laws-table
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49 CFR § 571.218, Federal Motor Vehicle Safety Standard No. 218 (motorcycle helmets), eCFR. https://www.ecfr.gov/current/title-49/subtitle-B/chapter-V/part-571/subpart-B/section-571.218
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New York DMV, Motorcycle Manual, Preparing to Ride. https://dmv.ny.gov/motorcycle-manual/motorcycle-manual-preparing-to-ride
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New York Vehicle and Traffic Law § 1252 (operating a motorcycle on roadways laned for traffic). https://www.nysenate.gov/legislation/laws/VAT/1252
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New York CPLR § 1411 (comparative negligence, including 2026 subdivision (b)). https://www.nysenate.gov/legislation/laws/CVP/1411
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New York Insurance Law § 5102 (definitions: basic economic loss and serious injury). https://www.nysenate.gov/legislation/laws/ISC/5102
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New York Department of Financial Services, How much auto insurance must I carry? https://www.dfs.ny.gov/faqs/consumer-auto/how-much-auto-insurance-must-i-carry
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New York Insurance Law § 5104 (right of recovery; 2026 non-economic damages cap). https://www.nysenate.gov/legislation/laws/ISC/5104
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New York Department of Financial Services, No-Fault (Regulation 68) FAQ. https://www.dfs.ny.gov/apps_and_licensing/property_insurers/nofault_faqs_reg68
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New York CPLR § 214 (three-year statute of limitations). https://www.nysenate.gov/legislation/laws/CVP/214
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New York Vehicle and Traffic Law § 605 (reporting accidents). https://www.nysenate.gov/legislation/laws/VAT/605
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New York DMV, About the NYS Driver Point System. https://dmv.ny.gov/tickets/about-nys-driver-point-system
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New York Vehicle and Traffic Law § 1225-d (use of portable electronic devices). https://www.nysenate.gov/legislation/laws/VAT/1225-D