Motorcycles are excluded from Massachusetts PIP
This surprises almost every rider we meet. The $8,000 in Personal Injury Protection that applies to cars under M.G.L. c. 90, § 34M does not extend to motorcycles. That means there is no automatic first layer paying your medical bills while fault is sorted out, and it makes the claim against the at-fault driver — plus any medical payments or health coverage you carry — far more important from day one.
Fighting the assumption that the rider caused it
Insurers lean on a stereotype, and juries can absorb it too. The answer is evidence: scene measurements, vehicle damage patterns, helmet and gear condition, and independent witnesses who saw the driver turn across the rider's path. Left-turn collisions and drivers pulling out of side streets are among the most common motorcycle crash patterns, and the physical evidence usually tells that story clearly when someone bothers to collect it.
Massachusetts helmet law and what it does to a claim
Massachusetts requires all riders and passengers to wear a helmet. If you were not wearing one, it does not automatically bar your claim, but expect the insurer to argue that it increased your injuries and to push for a larger share of comparative fault. Under M.G.L. c. 231, § 85 you can still recover as long as you were not more than 50% at fault.
Injuries we see most often
- Traumatic brain injury, even where a helmet was worn
- Spinal cord injuries and vertebral fractures
- Complex fractures requiring hardware and multiple surgeries
- Road rash severe enough to need grafting, and permanent scarring
- Amputation and other catastrophic outcomes
Frequently asked questions
Does PIP cover me if I am hit while riding a motorcycle?
No. Massachusetts PIP does not apply to motorcycles. Your medical bills are typically handled through your health insurance and any medical payments coverage on your motorcycle policy, and then through a claim against the at-fault driver. This is one of the main reasons motorcycle claims need attention early.
I was not wearing a helmet. Do I still have a case?
You may. Massachusetts law requires a helmet, and not wearing one will be used to argue that your injuries were worse than they had to be. It does not eliminate the other driver's responsibility for causing the crash. The fault split matters, and it is worth fighting over.
The driver says they never saw me. Does that help or hurt?
It usually helps. Failing to see a motorcycle that was lawfully in the roadway is not a defense — drivers have a duty to look. That admission often supports a failure-to-yield or inattention argument.
How long do I have to file a motorcycle accident claim in Massachusetts?
Generally three years from the date of the crash under M.G.L. c. 260, § 2A. If a government entity is involved, for example a road-defect claim, the deadlines are considerably shorter.
