New Jersey Motorcycle Accident Lawyers
When a careless driver takes down a rider, the injuries are rarely minor — and the insurer is already counting on bias against bikers to pay you less. Onal Injury Law fights that fight, and pursues every dollar the law allows. No fee unless we win.
Motorcycle claims work differently in New Jersey — and one difference favors you. Because motorcycles are excluded from the no-fault (PIP) system, riders are not bound by the "limitation on lawsuit" threshold that most car drivers are. You keep the full right to sue for pain and suffering, no matter how your injury is classified. The trade-off: there's no PIP, so medical bills are covered through the at-fault driver, your health insurance, and UM/UIM coverage — which matters because many drivers are underinsured. New Jersey requires helmets, follows comparative negligence, and gives you two years to file. No fee unless we win. Free review: (201) 335-6788.
You keep the full right to sue.
Most New Jersey drivers carry a policy with a "limitation on lawsuit" (the verbal threshold) that blocks pain-and-suffering claims unless the injury clears a legal bar. Motorcyclists are exempt. Because riders are outside the no-fault system, that threshold simply doesn't apply to you.
You can sue a negligent driver for pain and suffering — regardless of how your injury is classified.
It's one of the few ways the law tilts toward the rider, and it's exactly the kind of leverage insurers hope you don't know about.
No PIP. So this matters.
Since New Jersey's PIP system doesn't cover motorcycles, your medical bills and losses are paid from a mix of sources: the at-fault driver's liability insurance, your own health insurance, optional MedPay if you carried it, and your uninsured/underinsured motorist (UM/UIM) coverage.
That last one is critical. New Jersey's minimum liability limits are low, and plenty of drivers carry nothing at all. When the person who hit you can't cover your injuries — or fled the scene — your UM/UIM coverage often becomes the real source of recovery. We find and pursue every policy that can pay.
Almost always the driver.
- Left-turn collisionsA car turns left across a rider's path — the single most common and most dangerous motorcycle crash.
- Unsafe lane changesDrivers who move over without checking for a motorcycle beside them.
- Blind-spot failuresRiders sit in a car's blind spot; a driver who doesn't look causes a crash.
- Car doors & "dooring"A door opened into a rider's path in traffic or near parked cars.
- Road hazardsGravel, potholes, wet pavement, and debris that barely affect a car can throw a rider.
- Distracted, speeding & impaired driversThe negligence behind most serious motorcycle injuries.
We don't let them blame the rider.
Insurers and juries too often start from a story: the biker was reckless, so the crash was their fault. That bias is worth real money to the insurance company — and it's usually wrong.
We take it apart with evidence: the police report, independent witnesses, road and vehicle data, and the driver's own conduct. The goal is simple — put the fault where it belongs and stop the insurer from discounting your claim because of what you were riding.
What you can recover.
Common Injuries
- Road rash & severe lacerations
- Broken bones & crush injuries
- Traumatic brain injury
- Spinal-cord injury & paralysis
- Amputation & loss of limb
- Internal injuries
- Wrongful death
Compensation You Can Recover
- Current & future medical care
- Lost wages & lost earning capacity
- Pain & suffering (no rider threshold)
- Motorcycle & property damage
- Long-term rehabilitation & care
- Disability & disfigurement
What you should know.
Helmets are required — but not wearing one doesn't end your case. New Jersey law requires every rider and passenger to wear a DOT-approved helmet. If you weren't, an insurer may argue it added to a head injury, but it does not bar your claim.
Being partly at fault doesn't end it either. New Jersey follows modified comparative negligence — you can recover as long as you weren't more than 50% at fault, with your award reduced by your share.
Two years to file. Under N.J.S.A. 2A:14-2 you generally have two years from the crash, and the deadline is strictly enforced.
Serving New Jersey & New York.
From our offices in Elmwood Park and Brooklyn, we represent injured riders throughout Bergen County and the greater New York metro area, including:
Verdicts and settlements shown were obtained by attorneys at Whittel & Melton and are presented with permission. Prior results do not guarantee a similar outcome.
Motorcycle accident questions, answered.
How is a motorcycle accident claim different from a car accident claim in New Jersey?+
In two big ways. First, New Jersey's no-fault (PIP) system doesn't cover motorcycles, so you pursue the at-fault driver directly instead of your own PIP. Second — and this works in your favor — because you're outside the no-fault system, you are not bound by the "limitation on lawsuit" threshold. You keep the full right to sue for pain and suffering that most car drivers have to give up.
Can I sue for pain and suffering even if my injury isn't "serious"?+
Yes. The serious-injury threshold that limits many car-accident claims does not apply to motorcyclists in New Jersey. You retain an unlimited right to sue a negligent driver for pain and suffering and other non-economic damages, regardless of how the injury is classified.
Who pays my medical bills if PIP doesn't cover motorcycles?+
Usually a combination: the at-fault driver's liability insurance, your own health insurance, optional MedPay if you carried it, and your uninsured/underinsured motorist coverage. Sorting out these sources is a big part of what we do — and why having a lawyer early matters.
What if the driver who hit me had little or no insurance?+
This is common — New Jersey's minimum liability coverage is low, and some drivers carry none. When that happens, your own uninsured/underinsured motorist (UM/UIM) coverage often becomes the primary source of recovery, including in hit-and-run crashes. We identify every policy that can pay.
Does not wearing a helmet hurt my case?+
New Jersey requires all riders and passengers to wear a DOT-approved helmet, and not wearing one can be raised to argue you share fault for the severity of a head injury — but it does not automatically bar your claim. You can still recover, though your award may be reduced under comparative negligence.
What if the insurer blames me for being a "reckless rider"?+
Bias against motorcyclists is real, and insurers lean on it to cut payouts. We counter it with the actual evidence — the police report, witness accounts, road and vehicle data — to show the driver, not the rider, caused the crash.
What are the most common causes of motorcycle accidents?+
The classic is a car turning left across a rider's path. Others include unsafe lane changes, drivers failing to check blind spots, car doors opening into traffic, road hazards like gravel or potholes, and distracted, speeding, or impaired drivers.
How long do I have to file a motorcycle accident claim in New Jersey?+
Generally two years from the date of the crash under N.J.S.A. 2A:14-2, and it's strictly enforced. Evidence fades fast too, so the sooner you call, the stronger your case.
Tell us what happened.
A few quick questions is all it takes. No cost, no obligation, and everything you share is kept strictly confidential.
We respond to every request within one business hour.