Riding a bike in New York can be fun and fast, but it can also be dangerous. There are lots of cars, trucks, and people on the roads. Sometimes, accidents happen. If you or someone you know was in a bicycle accident, you may feel scared or confused. You might be hurt. You may not know who will pay for your doctor bills or what to do next. This page will help explain what you need to know if you were in a bicycle accident in New York and want to make an insurance claim.
What Happens Right After a Bicycle Accident
If you get hit by a car while riding a bike, the first thing to do is get safe. If you are hurt, call 911. It is important to get checked by a doctor even if you think you are okay. Sometimes pain shows up later. Try to get the name, phone number, and insurance information of the person who hit you. If you can, take photos of the scene, your bike, the car, and your injuries. This can help later. If there were any people who saw what happened, ask for their names too. The police should come and make a report. You should ask how to get a copy.
Understanding Who Pays for What
In New York, there is a law called No-Fault. This means the driver’s car insurance must help pay for some things, even if the bike rider made a mistake. This includes paying for doctor visits, medicine, and maybe lost pay from work. It does not matter if the driver was not fully at fault. No-Fault usually helps cover up to fifty thousand dollars. But it does not pay for things like pain, trouble moving, or feeling scared after the crash. For those things, you may need to make a claim against the driver.
When You Can Sue the Driver
Sometimes your injuries are very bad. Maybe you broke bones, had surgery, or will have pain for a long time. If that happens, New York law says you might be able to sue the driver for more money. This money can help with your pain, your suffering, and things you can’t do anymore. But not every injury is big enough to sue for. You have to show that your injury is serious under New York law. That can be hard, but a lawyer can help explain if your case qualifies.
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What About the Bike and Other Costs
If your bike got broken in the accident, you might wonder who pays for that. If the driver has car insurance, you might be able to ask their company to pay for your bike repairs or to replace it. You might also ask for money for other things, like your helmet, phone, or bag, if they got damaged too. You will need proof, like photos or receipts. This part is called a property damage claim, and it’s different from a claim for your injuries.
What If the Driver Leaves or Has No Insurance
Sometimes, the driver runs away. Other times, the driver has no insurance. This can make things hard. But you may still have help. New York has something called MVAIC, which stands for Motor Vehicle Accident Indemnification Corporation. MVAIC might pay your bills if no one else can. You must apply soon after the crash. You might also be able to get help from your own car insurance, even though you were on a bike. This is called uninsured or underinsured motorist coverage. It depends on your policy, so it’s good to check.
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How Insurance Companies Work With Claims
Once you file a claim, the insurance company will ask questions. They may want to see your medical records. They may ask you to talk to a doctor they choose. This is called an Independent Medical Exam. But this doctor works for the insurance company, not for you. They may say you are not really hurt or don’t need more care. This can affect how much money you get. You don’t have to say yes to everything the insurance company wants. Be careful what you sign. You might give up your rights without knowing it.
Time Matters After a Bicycle Accident
New York has rules about how long you have to make a claim. This is called a deadline or statute of limitations. For No-Fault benefits, you usually have only thirty days to file. For suing the driver, you usually have three years from the date of the accident. But if a city bus or government truck hit you, the rules are different and shorter. You may have only ninety days to file a special form. That’s why it’s important to start quickly. If you wait too long, you might not get any money.
Why Having a Lawyer Can Help
A bicycle accident can be hard to handle alone. You may not feel well. You may not know what your rights are or how much money you should get. Insurance companies do not always explain things clearly. A lawyer can help talk to the insurance companies, fill out forms, and make sure you don’t miss deadlines. A lawyer can also help you figure out if your injuries are serious enough to sue and how much your case may be worth. You can focus on healing while your lawyer works on your case.
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What You Should Do Now
If you were in a bicycle crash in New York and got hurt, don’t wait to get help. Go to the doctor. Save all your bills and records. Don’t throw anything away. Keep photos and notes about what happened. Talk to someone who can help you understand your rights. You don’t have to do this alone. At Andrews, Bernstein & Maranto, PLLC, we help people like you every day. Call us now to talk about your case. You won’t pay anything unless we win for you. Let us fight for the money you deserve so you can focus on getting better.