How To File a Motorbike Accident Claim in Newark, New Jersey

Being involved in a motorcycle accident can leave you with serious, expensive injuries. If you are an accident victim, you may want to explore the possibility of filing a motorbike accident claim to seek compensation for your injuries and other damages.
In our latest blog, our experienced motorcycle accident attorney explains your legal rights and options after this type of accident.
What Insurance Coverage Applies to Your Motorcycle Accident?
Generally, the first step in seeking motorcycle injury compensation is determining whether insurance coverage applies to the accident. However, New Jersey’s insurance laws may make it challenging for motorcyclists to pursue claims.
New Jersey is a no-fault state for vehicle accidents, meaning motorists generally need personal injury protection (PIP) insurance. Drivers typically file accident claims through their own PIP policy, regardless of who was at fault in the accident. However, New Jersey law excludes motorcycles from its no-fault provisions.
This means motorcyclists cannot purchase PIP coverage for their bikes and cannot file an accident claim through another driver’s PIP insurance.
Alternative types of coverage that might apply to your accident include:
- The at-fault driver’s liability insurance
- Your own motorcycle liability insurance (if you caused damages to another party)
- Your own collision motorcycle coverage, if you have it
- Your own uninsured/underinsured motorist bodily injury insurance, if you have it
A motorbike accident claim attorney can help you evaluate the potential insurance coverage options that might apply to your crash and determine whether you have the opportunity to file a claim for damages.
Insurance Claim vs. Lawsuit for Motorcycle Accidents
Should you pursue an insurance claim or a bike accident lawsuit after a motorcycle crash? The answer depends on a wide range of factors, including the severity of the damage, the determination of fault, the cooperation of all parties involved, and other relevant considerations.
Generally, your first step should be to explore the insurance coverage that applies to your accident. If you can receive sufficient compensation through the insurance claim process, you may not have a need for a personal injury claim.
However, motorcycle accidents often result in tens or hundreds of thousands of dollars worth of damages, including medical bills, lost wages, and property damage. You may also wish to pursue non-economic compensation, such as damages for pain and suffering. In this case, an insurance claim may not suffice.
A motorcycle accident attorney can help you explore your legal rights to pursue a lawsuit against the at-fault party or their insurance company.
New Jersey’s Statute of Limitations for Accident Claims
If you are considering filing a motorbike accident claim against the at-fault party, be aware of New Jersey’s statute of limitations. This statute requires personal injury lawsuits to be filed within two years of the date of the accident. If you fail to file the lawsuit within this time, the court may not allow you to proceed with a legal case.
Remember that motorcycle accident lawsuits sometimes take over a year to settle. In the meantime, you might be responsible for covering medical expenses and other associated costs yourself.
It may be helpful to consult with an attorney to explore the possibility of filing a lawsuit. Should you decide to take legal action, it is advisable to begin the process now.
What Damages Can You Seek in a Motorcycle Accident Lawsuit?
If you were to file an insurance motorbike accident claim, you might be limited to seeking compensation for medical expenses and lost wages. You are also bound to the limits of the policy, which may not fully cover all of these expenses.
In a motorcycle accident lawsuit, you may have a better opportunity to seek comprehensive damages. Plaintiffs in motorcycle accident lawsuits often pursue economic damages, including:
- Medical bills
- Past and future medical expenses
- Lost wages
- Loss of ability to work
They often seek non-economic damages as well, such as:
- Pain and suffering
- Loss of quality of life
- Emotional distress
- Mental anguish
The plaintiff might also seek punitive damages in motorcycle accident cases involving recklessness or intentional damage. These would attempt to punish the at-fault driver for egregious behavior.
Many motorcycle accident lawsuits settle out of court. A motor vehicle accident lawyer can help you negotiate a motorcycle crash settlement with the at-fault driver or their insurance company.
Hurt in a Motorcycle Accident in Newark, NJ? Peter’s Got Your Back
When navigating the aftermath of a motorcycle accident, having an experienced motorcycle accident attorney on your side can help you better understand your legal rights and options. The Law Offices of Peter N. Davis and Associates, LLC, assists clients with motorbike accident claims in Newark, New Jersey.
We can review your case and help you explore your options. Contact us today at (973) 279-7246(973) 279-7246 or complete our confidential online form for your free case review. We are available 24/7 to take your call. Our goal is to protect your rights and seek justice for you.
Copyright © 2025. The Law Offices of Peter N. Davis & Associates, LLC. All rights reserved.
The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.
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