More New Yorkers ride than ever. Bike lanes help, but they do not stop a turning truck, an opened car door, or a driver who is looking at a phone.
How Riders Get Hurt
- Car doors opened into the bike lane
- Drivers turning right or left across a rider
- Vehicles parked or stopped in the bike lane
- Trucks and buses with large blind spots
- Potholes, grates, and broken pavement
- Hit and run drivers
Which Insurance Applies
a cyclist hit by a car is often treated like a pedestrian, and no-fault coverage may pay medical bills and part of lost wages. Every case is different, and the rules that apply depend on the facts, the parties, and the insurance involved. Once we discuss your claim and complete the necessary research, our office will confirm which deadlines and coverage apply to you.
E-bikes, mopeds, and scooters raise their own insurance questions. Which coverage applies depends on the type of vehicle and whether the law requires it to be registered and insured. We sort that out at the start.
Bike share and delivery riders can have additional issues, including the rental agreement and whether the rider was working at the time.
Do This Now
- Call 911 and make sure a police report is made.
- Photograph the vehicle, the plate, and the scene.
- Keep the bike, helmet, and clothing as they are. Do not repair anything.
- Get medical care the same day.
- Do not give the driver's insurer a recorded statement.
What You Can Recover
- Medical bills, past and future
- Lost wages and loss of future earning ability
- Pain and suffering
- Loss of enjoyment of life
To recover for pain and suffering after a motor vehicle crash, New York law requires a "serious injury." Fractures, significant scarring, and significant or permanent loss of use of a body part are examples.
Partly at fault? You can still recover in New York. Your award is reduced by your share of the fault. It is not wiped out.
Deadlines
No-fault benefits pay medical bills and part of lost wages, up to $50,000 per person, no matter who caused the crash. Written notice to the insurer is generally due within 30 days of the accident. There are some circumstances where the insurance company will make exceptions.
Most New York injury lawsuits must be filed within three years of the accident.
If a road defect or a City vehicle was involved: Claims against the City of New York, the Transit Authority, NYCHA, or another public agency move faster. A written notice of claim is generally due within 90 days, and the lawsuit generally must be filed within one year and 90 days.
Common Questions
I was riding outside the bike lane. Does that end my case?
You can still recover in New York. Your award is reduced by your share of the fault. It is not wiped out.
A pothole threw me off my bike. Who is responsible?
Possibly the City or a contractor that opened the street. Claims against the City need a notice of claim within 90 days and, generally, proof that the City had prior written notice of the defect.
I ride for a delivery app. Does that change anything?
It can. There may be workers' compensation or other coverage in addition to the claim against the driver. Tell us how you were working that day.
Hit by a City vehicle?
Claims against the City of New York have a much shorter deadline. In most cases a Notice of Claim must be filed within 90 days. Call us right away.
Talk to a Lawyer Today
The consultation is free. There is no fee unless we win, and we advance the costs of the case. You speak with your attorney directly, not a call center.