If you’ve been out and about in Philly, you’ve probably noticed more motorcycles on the road. But lately, it feels like we’re hearing about more crashes, too. The news has been tough, with a major crash hospitalizing a rider in Warminster and another tragic accident critically injuring an off-duty Philadelphia police officer.
If you or someone you know rides, you might wonder what happens after a crash. You’ve probably got car insurance, but we found out that for motorcycles, the rules are completely different. This got us thinking about why that is.
This is where things get a little weird. It all comes down to a legal definition that feels like a classic Philly head-scratcher.
You heard that right. Under Pennsylvania law, motorcycles are excluded from the definition of a "motor vehicle." It's a strange legal quirk, kind of like the never-ending debate over whether a cheesesteak is a hoagie.
Because of this, motorcycles are completely exempt from the state's no-fault insurance system. This means the "Limited Tort" or "Full Tort" option you chose for your car insurance doesn't apply to a motorcycle crash. For riders, it’s like that choice doesn't even exist.
To really get it, let’s do a quick refresher. With your car insurance, your own Personal Injury Protection (PIP) covers your initial medical bills, no matter who caused the crash. That’s the "no-fault" part.
And if you have "Limited Tort" on your car policy, you can only sue for pain and suffering if your injuries are officially deemed "serious." That’s a huge restriction that motorcyclists just don't have to worry about.
Being outside the no-fault system has both advantages and disadvantages for bikers. It creates a different set of challenges and rights after an accident.
Since it’s not a no-fault system, an injured motorcyclist has to prove the other driver was negligent to get any money. This is called a "fault-based" system, and it means the stakes are incredibly high.
And those stakes are real. In 2023 alone, there were 3,487 motorcycle crashes in Pennsylvania, leading to 238 deaths. Proving your case is essential.
Here’s the upside. Because motorcyclists are automatically considered "Full Tort," they can seek full compensation without having to prove a "serious injury." They have the right to claim money for a lot more than a car driver with Limited Tort might.
A rider can pursue compensation for:
Now for the big question: Does the insurance you're required to have actually protect you? The short answer is almost always no.
Pennsylvania requires motorcyclists to carry liability insurance, but the minimums are shockingly low. The law only requires you to buy $15,000 for injury to one person, $30,000 for injury to multiple people, and just $5,000 for property damage. Let’s put that in perspective.
|
Coverage Type |
Minimum Required by PA Law |
The Reality of a Serious Crash |
|---|---|---|
|
Bodily Injury Liability (per person) |
$15,000 |
The average hospital cost alone often exceeds $30,000. |
|
Property Damage Liability |
$5,000 |
The cost to replace a modern motorcycle can easily be $10,000-$20,000+. |
Those minimums are barely enough for a fender bender, let alone a serious crash. If you're hit by a driver who is uninsured or only has minimum coverage, you could be stuck with massive bills.
That's why smart riders add extra coverages like Uninsured/Underinsured Motorist (UM/UIM) and Medical Payments coverage. It can get confusing figuring out how Pennsylvania’s no-fault insurance affects claims and which extra coverage is worth the money. For riders seeking clarity, the legal team at Solomon, Berschler, Campbell & Thomas offers a comprehensive guide on its website that explains how to stay protected.
The key takeaway is this: Pennsylvania’s rules give motorcyclists more rights to get paid back for their losses than many car drivers have. But in exchange, the law puts the entire burden of proving fault on them. It’s a trade-off between higher risk and potentially higher reward.
But what do you think? Do these special rules make sense for riders in Philly? Tweet your response @metrophilly, and we might feature it.
