If you are reading this, it means you or someone close to you may have been hurt in a bicycle accident in New York. You are likely feeling overwhelmed, maybe even scared. There is a lot to understand and many questions to ask. You might be wondering how to pay for your medical bills, how to fix your bike, or if you can get help for the time you missed from work. These feelings are normal. We want you to know that you are not alone. There are laws in New York that may help you. This page explains how those laws work and how they affect your case. Our team is here to help you through this and will do everything we can to get you a successful result.
Robert Friedman
Michael Ranzenhofer
Justin Friedman
John Dracup
What No-Fault Insurance Means in New York
New York is a no-fault state. This means that when someone is hurt in a car crash, their own car insurance pays for their medical care and some of their lost wages. It does not matter who caused the crash. That is why it is called no-fault. The law is meant to help people get help quickly without having to go to court to prove who was to blame.
But when someone riding a bicycle is hit by a car, things can be a little different. A bicycle rider does not have car insurance, so their medical bills are not covered in the same way as someone in a car. This is where it gets tricky, and why having someone who understands the law can make a big difference.
Who Pays the Bills After a Bicycle Accident
If a car hits a person riding a bike in New York, the car’s insurance must pay the bicyclist’s medical bills and lost income. This is true even if the driver was not fully at fault. The driver’s insurance steps in under the no-fault system. That means the insurance company must pay up to $50,000 for things like hospital visits, therapy, and a part of the income the person loses if they can’t work.
But there is a time limit. You must file a no-fault claim with the driver’s insurance company within 30 days of the crash. If you miss this deadline, you may lose your chance to get your bills paid. That is why acting quickly is so important.
What if the Car Did Not Stop or Had No Insurance
Sometimes a car hits a bicycle rider and drives away. This is called a hit-and-run. Other times, the car’s driver does not have insurance. In those cases, you may still have a way to get help.
New York has something called the Motor Vehicle Accident Indemnification Corporation. It helps people who are hurt by uninsured or unknown drivers. But these claims are also time-sensitive and can be hard to manage without support.
If you live with a relative who has car insurance, their policy may help you too, even though you were on a bike. These are the kinds of things a good lawyer looks into when reviewing your case.
What No-Fault Insurance Does Not Cover
While no-fault insurance helps with medical bills and lost income, it does not cover everything. It does not pay for pain and suffering. It does not pay for damage to your bicycle. It does not make up for how your life has changed if your injuries are serious.
To get money for those things, you must bring a claim against the driver of the car who caused the crash. But you can only do this if your injuries are serious under New York law. The law has a list of what counts as serious injury. It includes things like broken bones, major disfigurement, loss of a body part, or any injury that keeps you from doing your usual daily work for at least 90 days out of the first 180 days after the crash.
Proving serious injury is not easy. Insurance companies often try to say that your injuries are not serious enough, even when they clearly are. That is why having someone on your side who knows how to prove your case can make a big difference.
What Happens If You Were Partly at Fault
Some people worry they cannot bring a claim because they think the crash was partly their fault. Maybe they were riding outside the bike lane or crossing a street in the wrong spot. But in New York, you can still get money for your injuries even if you were partly to blame. The law allows for shared responsibility. This means the court can decide that both you and the driver were at fault and split the responsibility. You would still get money, but it might be less based on your share of fault.
Related Videos
Will My Personal Injury Case Go To Trial?
Choosing a Personal Injury Attorney
For example, if a court decides you were 20 percent at fault and the driver was 80 percent at fault, and you are awarded $100,000, you would still get $80,000. This is important to know because many people give up on a claim thinking they have no chance when they actually do.
Why It Is Hard to Handle This Alone
The days and weeks after a bike accident can be full of confusion. You may be in pain, worried about missing work, or unsure what your next step should be. Insurance companies know this. They may offer you a small amount of money quickly to make the problem go away. They may ask you to sign papers before you have had a chance to heal or talk to someone about your rights.
They are not on your side. Their job is to pay out as little as possible. That is how they make money. This is why having someone who understands the law and knows how to deal with these companies is so helpful. It lets you focus on getting better while someone else handles the hard part.
What to Do Right After the Crash
If you are ever hit while riding your bike, your health is the most important thing. Get medical help right away, even if you think you are fine. Some injuries don’t show up right away. A doctor’s report can also help your case later.
If you are able, try to get the driver’s information, take pictures of the crash scene, and talk to any witnesses. Save any proof of your injuries, bike repairs, and time missed from work. These things can all help your case later.
How a Lawyer Can Help With Your Bicycle Accident Claim
When you work with a lawyer on a bicycle crash case, they look at all parts of your situation. They make sure your no-fault claim is filed on time. They gather proof of your injuries and talk to your doctors. They deal with the insurance companies so you don’t have to. If the case needs to go to court, they build the case step by step to show how badly you were hurt and why the driver is to blame.
A good lawyer also makes sure you do not take a small offer when your case is worth more. They guide you through the whole process so you never feel alone.
Get the Support You Deserve
Bicycle accidents can leave you hurt, confused, and unsure what to do next. New York’s no-fault laws can help in some ways, but they can also be confusing. You do not have to face this on your own. You have the right to get help, to ask questions, and to fight for what you deserve.
If you or a loved one has been injured in a bicycle accident, reach out today. At Friedman & Ranzenhofer, PC, we understand what you are going through. We have helped many people in your shoes and we are ready to help you too. Contact us now to find out what your options are. We will fight to make sure your story is heard and that you get the care and compensation you need.