Because New York is a “no-fault” state, it is not necessary to prove fault to receive compensation from your insurance company for your physical injuries and the damages to your motorcycle. However, if your insurance policy is not enough to compensate you for your injuries, you can go after the at-fault driver for any excess.
Determining who is at fault following a motorcycle accident is a matter of deciding who was careless, or negligent. The driver who failed to follow the rules of the road – for example, running a stop sign – is usually found to be at fault. In other situations, fault is more difficult to determine. In such cases, the party (or parties) who behaved in a negligent or careless manner will be found at least partially at fault for the accident. Typically, such cases are decided in a court of law, unless a settlement is reached before the trial.