Motorcycle Accident Funding in New York

New York Motorcycle Accident Lawsuit Funding

State rules that shape pre-settlement funding for New York motorcycle accident claims. Three-year deadline, pure comparative fault, and the no-fault motorcycle exclusion.

Non-recourse funding is repaid only from a settlement or award. Independent capital providers set the terms.

Bills do not wait for your case.

Rent, medical bills and living costs keep arriving while a case moves through the court. An advance against a pending case can cover them and is repaid only if the case produces a recovery.

New York law and funding terms: Motorcycle Accident Funding

The New York rules that shape this claim

The rules below shape how a New York motorcycle accident funding claim is underwritten and how quickly it can move toward resolution.

Statute of Limitations

Three years from the date of injury (N.Y. C.P.L.R. § 214).

Comparative Fault Rule

New York applies pure comparative negligence (N.Y. C.P.L.R. § 1411): a rider's own fault reduces recovery proportionally but never bars it. New York is a universal helmet-law state — every rider and passenger must wear an approved helmet regardless of age (N.Y. Veh. & Traf. Law § 381; IIHS, Motorcycle Helmet Use Laws by State), so helmet non-use is a live comparative-fault issue in nearly every contested New York motorcycle claim.

Damages Caps

No general statutory cap on economic or non-economic damages in an ordinary motorcycle personal injury claim against another driver.

Pre-Judgment Interest

Prejudgment interest is generally unavailable on ordinary pain-and-suffering damages before verdict (C.P.L.R. § 5001(b)); post-judgment interest accrues at 9%/year (C.P.L.R. § 5004).

Venue

The county where a party resides or where the claim arose (C.P.L.R. § 503).

Funding-Specific Statute

New York regulates consumer litigation funding under the Consumer Litigation Funding Act (Article 39-H), N.Y. Gen. Bus. Law §§ 899-ccc–899-mmm. Charges to the consumer litigation funding company are capped at 25% of the gross amount recovered on the claim — disclosed verbatim, in 12-pt bold, in the funding contract.

State law

How New York regulates consumer legal funding

Statute
Consumer Litigation Funding Act (Article 39-H). N.Y. Gen. Bus. Law §§ 899-ccc–899-mmm.
Rate or fee limit
Charges to the consumer litigation funding company are capped at 25% of the gross amount recovered on the claim — disclosed verbatim, in 12-pt bold, in the funding contract.
Disclosure
Plain-language contract disclosing the funded amount, maximum total amount assignable, and a payment schedule at 180-day intervals; 10-day right of rescission; written attorney acknowledgment; funder barred from influencing settlement, misleading advertising, or paying referral fees.

Reviewed September 17, 2026. Legal information, not legal advice.

Terms

How terms are set for New York plaintiffs

Rates and terms are set by the capital provider and written in the provider’s agreement before signing.

Term
How it works
Decision
Made by the independent capital provider, not by Criterica Capital
Advance size
Set by the capital provider
Pricing
Set by the capital provider and written in its agreement before signing
Repayment
Non-recourse funding is repaid only from a recovery. The provider’s agreement states the terms.
State limit
Where a state sets a lower limit, the state limit applies.
Typical timeline

Motorcycle cases with severe orthopedic or head injury generally extend past the timeline of a routine car-accident claim, and New York's universal helmet law means insurers raise comparative fault over helmet use in most contested cases, adding negotiation time.

How New York law affects funding this claim

Are New York motorcyclists covered by no-fault insurance the way car occupants are?

No. New York's no-fault system (Insurance Law Article 51) is built around a statutory definition of covered vehicles that does not treat motorcycles the same as passenger cars, so motorcyclists generally do not carry the same first-party PIP benefits or face the no-fault injury threshold that applies to car occupants.

That distinction matters for funding: a motorcyclist's claim generally proceeds as an ordinary tort action against the at-fault driver from the outset, rather than first exhausting a no-fault PIP process and then clearing a serious-injury threshold the way a car-accident claim would. Confirm the exact scope of this exclusion against the current Insurance Law text before relying on it in a specific case.

How does New York's universal helmet law affect fault arguments?

Because every rider must wear a helmet regardless of age, insurers in New York routinely investigate helmet compliance after any motorcycle crash and argue non-use as comparative fault for head or facial injuries sustained during the collision itself, especially where the medical record involves a concussion or skull fracture.

Under pure comparative negligence, that argument reduces rather than eliminates recovery, so the practical effect is a value dispute. Documentation showing the helmet was worn and DOT-compliant removes one of the insurer's most common opening arguments.

Why does the three-year deadline matter for severe motorcycle injuries?

New York's three-year statute of limitations gives riders with serious, slow-to-resolve injuries — spinal trauma, traumatic brain injury — meaningfully more runway than the two-year deadlines common in several neighboring states along the East Coast corridor, allowing prognosis to stabilize before a demand is prepared.

That additional time supports more complete treatment documentation before a demand is made, which is directly relevant to funding underwriting on higher-severity New York motorcycle claims.

FAQ

Motorcycle Accident Funding questions in New York

Sources & references

N.Y. C.P.L.R. § 214 · N.Y. C.P.L.R. § 1411 · N.Y. Veh. & Traf. Law § 381 · IIHS, Motorcycle Helmet Use Laws by State · N.Y. C.P.L.R. § 5001(b) · N.Y. C.P.L.R. § 5004 · N.Y. C.P.L.R. § 503 · N.Y. Insurance Law Article 51 · N.Y. Gen. Bus. Law §§ 899-ccc–899-mmm

Reviewed September 17, 2026. Legal information, not legal advice.

Pre-settlement funding is a non-recourse purchase of a portion of the proceeds of a pending legal claim — not a loan. If the case does not result in a recovery, nothing is owed. Rates, fees, and repayment terms are disclosed in full in the funding agreement, which the applicant’s attorney reviews before signing. Availability and terms vary by state.

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