Can a Motorcycle Passenger File an Injury Claim in Pennsylvania?
Passengers Have Rights After a Motorcycle Crash
Yes, a motorcycle passenger in Pennsylvania can file an injury claim after a crash. Depending on what happened, the claim may be against the rider who was driving the motorcycle, another driver who caused the collision, or both. Because passengers have no control over the bike, they’re rarely found to share any of the blame, which often puts them in a strong position.
The challenge is that Pennsylvania’s insurance rules don’t work the same way for motorcycles as they do for cars. Many passengers are surprised to learn that the medical benefits they’d get in a car crash usually aren’t available after a motorcycle crash. A Pittsburgh motorcycle accident lawyer can sort out which policies apply and make sure every source of compensation is pursued.
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What Motorcycle Passengers Should Know
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Who Can a Motorcycle Passenger Sue?
In many crashes, the at-fault party is another driver. A car turning left in front of the motorcycle, a driver changing lanes without checking a blind spot, or someone rear-ending the bike at a red light can all cause devastating injuries. In those cases, the passenger can file a claim against that driver’s liability insurance, just as the motorcycle rider can. Many of the most common causes of motorcycle accidents involve drivers who simply didn’t see the bike.
Sometimes the motorcycle operator is to blame. A rider who was speeding, weaving through traffic, drinking, or showing off can cause a crash that injures the passenger. Many passengers hesitate to make a claim because the rider is a spouse, partner, relative, or friend. But the claim is really against the rider’s insurance policy, which exists for exactly this kind of situation.
Other parties may share responsibility in some cases. A government agency may be responsible for a dangerous pothole or missing guardrail. A manufacturer may be liable for defective brakes or tires. Identifying every responsible party matters, because more sources of coverage can mean a more complete recovery for the passenger.
Why Motorcycle Insurance Works Differently in Pennsylvania
When people are hurt in a car crash in Pennsylvania, their own auto insurance usually pays their first medical bills through what’s called first-party benefits, no matter who caused the crash. Motorcycles are different. Under 75 Pa.C.S. § 1714, occupants of a motorcycle generally can’t recover first-party benefits. That includes passengers, not just riders.
As a result, a motorcycle passenger’s medical bills often go through their own health insurance at first. The at-fault driver’s liability insurance is then responsible for reimbursing those costs as part of the injury claim. If the passenger doesn’t have health insurance, bills can pile up quickly while the claim moves forward, adding stress during an already difficult recovery.
Health insurers that pay for crash-related care often seek to be repaid from the passenger’s settlement. These repayment claims, called liens, can eat into the money a passenger receives. A lawyer can review those liens, challenge improper charges, and negotiate them down so the passenger keeps more of the compensation meant for their recovery.
Does Limited Tort Hurt a Motorcycle Passenger’s Claim?
Many Pennsylvania drivers choose limited tort coverage on their car insurance to save money. Limited tort normally restricts a person’s right to sue for pain and suffering unless the injury is serious. People with limited tort policies often assume they can’t recover much after a motorcycle crash.
For motorcycle passengers, that’s usually not the case. Under 75 Pa.C.S. § 1705, a person who would otherwise be bound by limited tort keeps full tort rights when injured as an occupant of a vehicle other than a private passenger car. A motorcycle generally falls into that category, so passengers can typically pursue pain and suffering regardless of their own policy choice.
Insurance companies don’t always point this out. Some may raise limited tort anyway to justify a lower offer, hoping the passenger doesn’t know the rule. A lawyer can identify which rules apply and push back on any attempt to cut the claim’s value based on the wrong tort option.
| Source | What It Can Cover | Things to Know |
|---|---|---|
| Other driver’s liability insurance | Medical bills, lost wages, pain and suffering | Applies when another motorist caused the crash |
| Motorcycle operator’s liability insurance | Medical bills, lost wages, pain and suffering | Applies when the rider caused or helped cause the crash |
| Passenger’s own UM/UIM coverage | Losses the at-fault driver’s insurance can’t cover | Helps when the at-fault driver is uninsured or has low limits |
| Passenger’s health insurance | Medical treatment while the claim is pending | May seek repayment from the settlement |
| Other liable parties | Damages tied to road defects or faulty parts | May include manufacturers or government agencies |
Can a Passenger Be Blamed for the Crash?
Passengers are rarely at fault for motorcycle crashes, but insurance companies sometimes try to shift blame anyway. They may argue the passenger knew the rider had been drinking, or that the passenger moved suddenly and caused the rider to lose control. These arguments are usually weak, but they can still be used to pressure a passenger into accepting less.
Pennsylvania uses a modified comparative negligence rule. Under it, an injured person can recover compensation as long as they’re not more than 50% at fault, but their award is reduced by their share of the blame. For most passengers, any share of fault is small, if it exists at all.
Helmets can also come up. Pennsylvania allows some adult passengers to ride without a helmet when the operator meets certain age and experience requirements. Even when riding without a helmet was legal, an insurer may argue that it made head injuries worse. A lawyer can challenge those arguments with medical evidence about how the injuries actually occurred.
How a Passenger Claim Can Play Out
Imagine a woman riding on the back of her boyfriend’s motorcycle along Route 28 north of Pittsburgh. A driver coming the other way turns left in front of them without yielding. The bike slams into the car, and she suffers a broken leg and a concussion. Her own car insurance policy is limited tort, so she assumes her claim will be small.
Her health insurance pays for the emergency room visit and surgery while the claim moves forward. Because she was a motorcycle occupant, she keeps full tort rights and can pursue pain and suffering. The driver who turned in front of them is clearly at fault, so her claim goes against that driver’s liability insurance.
When it turns out the driver carries only the minimum coverage, her lawyer looks to her own underinsured motorist coverage to make up the difference. The lawyer also negotiates her health insurer’s lien so she keeps more of her settlement. Without that help, she might have accepted a fraction of what her injuries were worth.
Steps Motorcycle Passengers Should Take After a Crash
The steps a passenger takes in the days after a crash can protect both their health and their claim. Knowing what to do after a motorcycle accident helps, including:
- Get Medical Care Right Away: Some injuries, like concussions and internal injuries, don’t show up immediately.
- Get the Police Report: The report records who was involved, what happened, and any citations issued.
- Photograph the Scene and Gear: Pictures of the motorcycle, the other vehicle, the helmet, and riding gear can help show how the crash happened.
- Collect Insurance Information: Get insurance details for both the motorcycle operator and any other driver involved.
- Keep Medical Records and Bills: Save every bill, receipt, and record of missed work.
- Don’t Sign Anything From an Insurer: Releases and quick settlement offers can give up the right to full compensation.
- Be Careful With Statements: Avoid comments that blame the rider or downplay injuries before talking to a lawyer.
Under 42 Pa.C.S. § 5524, Pennsylvania generally gives injured people two years to file a lawsuit, but motorcycle passenger claims often involve several insurance policies and complicated coverage questions. Waiting too long can make it harder to gather evidence and sort out who pays. A lawyer can handle those details and keep the claim on track from the start.
Pittsburgh Tough for Injured Motorcycle Passengers
A motorcycle crash can leave a passenger with serious injuries, mounting bills, and insurance companies pointing fingers at each other. Passengers deserve a legal team that understands Pennsylvania’s unusual motorcycle insurance rules and won’t let an insurer take advantage of them. Strong cases, aggressive representation, and big results start with the right lawyer.
Attorney David Romanow previously served as trial counsel for a large firm’s catastrophic injury practice group, where he helped win hundreds of millions of dollars for injured clients. Today, he brings that experience to injured people throughout Pittsburgh and Western Pennsylvania at Romanow Law Group. We’ll come to you at home or in the hospital, and our free shuttle service can get clients to medical and legal appointments.
We’re available 24/7, and there’s no fee unless we win your case. We don’t back down from a fight. Schedule a free consultation to learn more about your rights after a motorcycle crash.
“I had great representation from a very conscientious, professional attorney who is a blessing for our Pittsburgh community.” — Chaz R., ⭐⭐⭐⭐⭐