I Was on my Mini-Bike
Q: While riding my mini-bike, at an intersection, I was struck and injured by a car that ran a red light. The car fled the scene of the accident. I do not have insurance on my mini-bike, so as to cover my resulting medical care.
A: Fortunately, the New York State Legislature has created the Motor Vehicle Accident Indemnification Corporation – to provide no-fault benefits for qualified persons for basic economic loss arising out of the use and operation in this state of an unidentified or uninsured motor vehicle. The Legislature’s purpose in establishing the MVAIC was to give you the same protection as when the wrongdoer is identifiable and covered by insurance.
The owner of an insured vehicle is not qualified for MVAIC benefits – since he or she has an insurer upon which to make a claim. The owner of a vehicle that should have carried insurance is not qualified – since the MVAIC is not meant to provide relief to an owner who is derelict in obtaining his or her own insurance.
Generally, motorcycle riders, whether operators or passengers, are not entitled to first-party no-fault insurance benefits from the MVAIC: the owner is supposed to obtain his or her own insurance. However, an exception is made for class C motorcycles, defined as having a maximum speed of 20 miles per hour. They are not required to be insured.
If the maximum speed of your mini-bike is 20 miles per hour, then it is merely a class C motorcycle, and you are entitled to no-fault benefits.
By: Scott Baron,
Attorney at Law Advertorial
The law responds to changed conditions; exceptions and variations abound. Here, the information is general; always seek out competent counsel. This article shall not be construed as legal advice.
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