In this guide
Who pays a rider’s medical bills, state by state
| State | How the state’s insurance law treats riders |
|---|---|
| California | At-fault state: a rider’s injuries are claimed against the at-fault driver’s liability insurance, or the rider’s own coverage if they bought it. (III) |
| Texas | At-fault state: a rider’s injuries are claimed against the at-fault driver’s liability insurance, or the rider’s own coverage if they bought it. (III) |
| Florida | No-fault state, but its no-fault law covers vehicles with four or more wheels — a motorcycle falls outside the PIP requirement, so riders usually claim against the at-fault driver. (Stat. § 627.732(3)) |
| New York | No-fault state, but motorcycle riders and passengers are excluded from no-fault benefits. (Ins. Law § 5103(a)) |
| Pennsylvania | Choice no-fault state, but motorcycle riders can’t recover first-party benefits, and motorcycle policies don’t have to include the $5,000 medical benefit. (75 Pa.C.S. §§ 1711(a), 1714) |
| Illinois | At-fault state: a rider’s injuries are claimed against the at-fault driver’s liability insurance, or the rider’s own coverage if they bought it. (III) |
| Ohio | At-fault state: a rider’s injuries are claimed against the at-fault driver’s liability insurance, or the rider’s own coverage if they bought it. (III) |
| Georgia | At-fault state: a rider’s injuries are claimed against the at-fault driver’s liability insurance, or the rider’s own coverage if they bought it. (III) |
| North Carolina | At-fault state: a rider’s injuries are claimed against the at-fault driver’s liability insurance, or the rider’s own coverage if they bought it. (III) |
| Michigan | No-fault state. If a car or truck was involved, a rider’s PIP comes first from the insurer of that vehicle’s owner, then its driver, then the rider’s own auto insurer. (MCL 500.3114(5)) |
Because no-fault benefits usually don’t apply, a rider’s claim runs mainly against the at-fault driver’s liability insurance — and that policy’s limit is the most its insurer will pay. See the minimums for each state in car accident laws by state. If the driver had no insurance, your own uninsured motorist coverage is what’s left; see when the other driver is uninsured.
Helmet laws, fault rules and deadlines in 10 states
| State | Who must wear a helmet | If you were partly at fault | Deadline to sue for injury |
|---|---|---|---|
| California | All riders | Pure comparative fault (Li v. Yellow Cab Co. (1975)) | 2 years (Code Civ. Proc. § 335.1) |
| Texas | Riders 20 and younger; riders 21 and older are exempt with proof of a safety course or of medical insurance | Barred above 50% (Civ. Prac. & Rem. Code § 33.001) | 2 years (Civ. Prac. & Rem. Code § 16.003) |
| Florida | Riders 20 and younger; riders 21 and older may ride without one only with medical insurance coverage | Barred above 50% (Stat. § 768.81(2), (6)) | 2 years (Stat. § 95.11(5)(a)) |
| New York | All riders | Pure comparative fault (CPLR 1411(a), (b)) | 3 years (CPLR 214(5)) |
| Pennsylvania | Riders 20 and younger, and anyone in their first 2 years of licensure who hasn’t completed an approved safety course | Barred above 50% (42 Pa.C.S. § 7102(a)) | 2 years (42 Pa.C.S. § 5524(2)) |
| Illinois | No helmet law | Barred above 50% (735 ILCS 5/2-1116) | 2 years (735 ILCS 5/13-202) |
| Ohio | Riders 17 and younger, anyone in their first year of licensure, and passengers of riders the law covers | Barred above 50% (R.C. 2315.33) | 2 years (R.C. 2305.10(A)) |
| Georgia | All riders | Barred at 50% (O.C.G.A. § 51-12-33(a), (g)) | 2 years (O.C.G.A. § 9-3-33) |
| North Carolina | All riders | Contributory negligence (N.C. common law) | 3 years (G.S. 1-52(16)) |
| Michigan | Riders 20 and younger; riders 21 and older may ride without one only with extra insurance and either a safety course or 2 years with the endorsement | Reduced; no pain-and-suffering damages above 50% (MCL 600.2959) | 3 years (MCL 600.5805(2)) |
Helmet rules from the Insurance Institute for Highway Safety’s table (October 2026); fault rules and deadlines from each state’s statutes or highest court. New York’s 2026 bar for injury suits under its no-fault law — no recovery if your fault is greater than the defendant’s — generally doesn’t reach riders, because that law leaves motorcycles out of its definition of a motor vehicle.
What a motorcycle settlement is built from
- Medical bills — emergency care, surgery, rehabilitation and future treatment.
- Lost income — pay you missed, and lost earning ability if the injury is lasting.
- The motorcycle and gear — repair or the bike’s value if it’s totaled, plus helmet, jacket and other gear.
- Pain and suffering — the injury itself and how it limits daily life.
Then come the cuts: your share of the fault, the other driver’s policy limit, and — once the claim is paid — the lawyer’s fee, case costs and medical liens. The fault-share calculator shows the first; the take-home calculator shows the last.
Example: a $60,000 claim against a driver with minimum coverage
An illustrative case: a rider in Texas is hit by a driver carrying the state minimum of $30,000 per person. The claim is worth $60,000, and the insurer argues the rider was 20% at fault for speeding.
| What the claim is worth | $60,000 |
| Less the rider’s 20% share (Texas bars recovery only above 50%) | −$12,000 |
| Above the driver’s $30,000 limit | −$18,000 |
| Lawyer’s fee (33⅓%, settled before a lawsuit) | −$10,000 |
| Before medical liens and case costs | $20,000 |
|---|
The policy limit costs this rider more than their share of the fault. The $18,000 above the limit is what underinsured motorist coverage on the rider’s own policy is for; without it, the rest has to be collected from the driver personally. Ask the driver’s insurer for the limit early.
What to do after a motorcycle crash
- Get medical care right away, and keep every record and bill.
- Call the police and get the report number.
- Photograph the bike, the other vehicle, the road surface and your injuries.
- Keep your damaged helmet and gear — they’re evidence of the impact.
- Get witnesses’ names and phone numbers at the scene.
- Notify your insurer, and write down the other driver’s insurer and policy number.
- Check your deadline in the claim deadline calculator.
Frequently asked questions
Does PIP cover motorcycle accidents?
Usually not. Florida’s no-fault law covers vehicles with four or more wheels, and New York and Pennsylvania exclude motorcycle riders from no-fault and first-party benefits. Michigan is the exception among these states: if a car or truck was involved, a rider’s personal injury protection comes first from that vehicle’s insurer.
Do you have to wear a helmet on a motorcycle?
It depends on the state. California, New York, Georgia and North Carolina require it for all riders. Texas, Florida, Pennsylvania and Michigan require it for riders 20 and younger, with conditions for older riders; Ohio for riders 17 and younger and new riders; Illinois has no helmet law.
What is the average motorcycle accident settlement?
There’s no reliable public average. A settlement is built from your medical bills, lost income, the bike and gear, and pain and suffering — then cut by your share of the fault and capped by the at-fault driver’s insurance unless your own coverage adds more.
Who pays if the driver who hit me had no insurance?
Your own uninsured motorist coverage, if your motorcycle policy includes it. Otherwise you’d have to collect from the driver personally, which is often difficult.
Do I need to file a motorcycle accident lawsuit?
Not necessarily. Many claims are settled with the insurer without one. A lawsuit is how you protect the claim if the insurer won’t pay what it’s worth or your state’s deadline is getting close, and settlement talks can continue after it’s filed.
How long do I have to file a motorcycle accident claim?
In the 10 largest states, 2 or 3 years for an injury lawsuit: 2 in California, Texas, Florida, Pennsylvania, Illinois, Ohio and Georgia, and 3 in New York, North Carolina and Michigan. Insurance notice requirements and claims against a government agency come sooner.
Reviewed by
Morgan Hale, Editor. Writes about the financial side of injury claims — fees, liens, timelines and state rules — and checks every page against its sources before it’s published. Not a lawyer; “Morgan Hale” is a pen name. Editorial policy · How we calculate
Sources
- Motorcycle helmet laws by state (October 2026) (Insurance Institute for Highway Safety)
- Background on: No-fault auto insurance (12 states and Puerto Rico; verbal thresholds; “choice” states) (Insurance Information Institute)
- Florida Statutes § 627.732(3) — No-fault law: “motor vehicle” means a vehicle with four or more wheels (FindLaw (Florida Statutes))
- N.Y. Insurance Law § 5103(a) — First-party (no-fault) benefits exclude occupants of a motorcycle (FindLaw (New York Insurance Law))
- 75 Pa.C.S. § 1711(a) — Required $5,000 medical benefit (motorcycles excluded) (FindLaw (Pennsylvania Consolidated Statutes))
- 75 Pa.C.S. § 1714 — Ineligible claimants: motorcycle operators and occupants can’t recover first-party benefits (FindLaw (Pennsylvania Consolidated Statutes))
- Michigan Compiled Laws § 500.3114(5) — PIP for motorcyclists: order of priority among insurers (FindLaw (Michigan Insurance Code))
- N.Y. Insurance Law § 5102(f), (j) — “Motor vehicle” excludes motorcycles; who is a “covered person” under the no-fault law (FindLaw (New York Insurance Law))
- Li v. Yellow Cab Co., 13 Cal.3d 804 (1975) — California adopts “pure” comparative negligence (FindLaw (Supreme Court of California))
- Texas Civil Practice and Remedies Code § 33.001 — No recovery if the claimant is more than 50 percent responsible (FindLaw (Texas Civil Practice and Remedies Code))
- Florida Statutes § 768.81 (2025) — Comparative fault; no recovery if more than 50 percent at fault (The Florida Senate)
- New York CPLR § 1411 — Damages diminished by culpable conduct; 2026 bar for motor vehicle cases under Insurance Law article 51 (New York State Senate)
- 42 Pa.C.S. § 7102 — Comparative negligence (no recovery if the plaintiff’s negligence is greater than the defendants’) (FindLaw (Pennsylvania Judicial Code))
- 735 ILCS 5/2-1116 — Plaintiff barred if more than 50% of the proximate cause (FindLaw (Illinois Code of Civil Procedure))
- Ohio Revised Code § 2315.33 — Contributory fault doesn’t bar recovery unless greater than the others’ combined fault (FindLaw (Ohio Revised Code))
- O.C.G.A. § 51-12-33 — Damages reduced by fault; no recovery at 50 percent or more (FindLaw (Official Code of Georgia))
- Fault Lines: Understanding Negligence Doctrines (North Carolina’s contributory negligence rule and its exceptions) (UNC School of Government, On the Civil Side blog)
- Michigan Compiled Laws § 600.2959 — Comparative fault; no noneconomic damages if more than 50% at fault (FindLaw (Michigan Revised Judicature Act))
- California Code of Civil Procedure § 335.1 — Two years for injury to, or death of, an individual (FindLaw (California Code of Civil Procedure))
- Texas Civil Practice and Remedies Code § 16.003 — Two years for personal injury, property damage and wrongful death (FindLaw (Texas Civil Practice and Remedies Code))
- Florida Statutes § 95.11 (2025) — Limitations other than for the recovery of real property (The Florida Senate)
- New York CPLR § 214 — Three years for personal injury and injury to property (New York State Senate)
- 42 Pa.C.S. § 5524 — Two years for personal injury, wrongful death and injury to personal property (FindLaw (Pennsylvania Judicial Code))
- 735 ILCS 5/13-202 — Two years for personal injury (FindLaw (Illinois Code of Civil Procedure))
- Ohio Revised Code § 2305.10(A) — Two years for bodily injury or injuring personal property (FindLaw (Ohio Revised Code))
- O.C.G.A. § 9-3-33 — Two years for injuries to the person (four for loss of consortium) (FindLaw (Official Code of Georgia))
- N.C. Gen. Stat. § 1-52(4), (16) — Three years for personal injury and property damage (FindLaw (North Carolina General Statutes))
- Michigan Compiled Laws § 600.5805(2) — Three years for death or injury to a person or property (FindLaw (Michigan Revised Judicature Act))
- California Vehicle Code § 16056 — Minimum liability: $30,000/$60,000/$15,000 for policies issued or renewed from 2025; higher from 2035 (FindLaw (California Vehicle Code))
- Texas Transportation Code § 601.072 — Minimum coverage: $30,000/$60,000/$25,000 (FindLaw (Texas Transportation Code))
- Florida Statutes § 627.736(1) (2025) — PIP: $10,000 limit, 80% of medical expenses; initial care within 14 days (The Florida Senate)
- Florida Statutes § 627.737(2) — When you can sue for pain and suffering (permanent injury threshold) (FindLaw (Florida Statutes))
- Florida Statutes § 627.733 — Required security (PIP) for every registered motor vehicle (FindLaw (Florida Statutes))
- Florida Statutes § 324.022 — Property damage liability: $10,000 (FindLaw (Florida Statutes))
- N.Y. Insurance Law § 5104(a) — No recovery for non-economic loss except in the case of a serious injury (FindLaw (New York Insurance Law))
- N.Y. Vehicle and Traffic Law § 311(4)(a) — Minimum liability: $25,000/$50,000 ($50,000/$100,000 for death), $10,000 property (FindLaw (New York Vehicle and Traffic Law))
- 75 Pa.C.S. § 1705 — Limited tort and full tort options (FindLaw (Pennsylvania Consolidated Statutes))
- 75 Pa.C.S. § 1702 — Financial responsibility: $15,000/$30,000/$5,000 (FindLaw (Pennsylvania Consolidated Statutes))
- Auto Insurance Shopping Guide — Illinois minimums: $25,000/$50,000/$20,000; uninsured motorist $25,000/$50,000 (Illinois Department of Insurance)
- Ohio Revised Code § 4509.51 — Minimum liability: $25,000/$50,000/$25,000 (FindLaw (Ohio Revised Code))
- O.C.G.A. § 40-9-37 — Liability minimums set at the amounts in § 33-7-11(a)(1)(A) ($25,000/$50,000/$25,000) (FindLaw (Official Code of Georgia))
- O.C.G.A. § 33-7-11 — Uninsured motorist coverage (unknown driver: physical contact or an eyewitness) (FindLaw (Official Code of Georgia))
- N.C. Gen. Stat. § 20-279.1(11) — Proof of financial responsibility: $50,000/$100,000/$50,000 (FindLaw (North Carolina General Statutes))
- Michigan Compiled Laws § 500.3107c — PIP medical limit choices ($50,000 with Medicaid, $250,000, $500,000 or unlimited) (FindLaw (Michigan Insurance Code))
- Michigan Compiled Laws § 500.3135 — Tort liability limits under no-fault (noneconomic loss threshold; up to $3,000 vehicle damage) (FindLaw (Michigan Insurance Code))
- Michigan Compiled Laws § 500.3009 — Liability: $250,000/$500,000 unless you choose as low as $50,000/$100,000; $10,000 property (FindLaw (Michigan Insurance Code))
- Rules Regulating The Florida Bar, Rule 4-1.5(f)(4)(B) — contingent fee schedule (The Florida Bar)
Not legal or financial advice. InjuryMath is not a law firm and does not sell or broker funding. This page gives general information based on the sources listed; your contracts and your state’s law control. For advice about your situation, talk to a licensed attorney in your state.