Does no-fault insurance cover me if I was hit while riding a bicycle?
Generally yes. A cyclist struck by a motor vehicle in New York is typically covered by that vehicle’s no-fault policy for medical treatment and a portion of lost earnings, regardless of fault. The application is generally due within 30 days of the crash.
Are e-bikes legal in New York, and does it matter for my case?
New York recognizes three classes of electric-assist bicycle under Vehicle and Traffic Law § 102-c, and they are generally not treated as motor vehicles, so a rider hit by a car usually has no-fault coverage from that car. Even if there is a question about your equipment or how you were riding, that does not by itself end your claim. New York follows comparative fault, so partial responsibility reduces a recovery rather than barring it.
I was hit while making a delivery. Can I file workers’ comp and a lawsuit?
Often yes. Workers’ compensation covers treatment and a portion of lost wages but pays nothing for pain and suffering. A separate third-party claim against the driver who hit you can, and the two generally proceed alongside each other. Being classified as an independent contractor does not decide your claim against that driver.
The driver drove off. Do I still have a case?
Possibly, through MVAIC. The crash generally must be reported to police within 24 hours and a Notice of Intention to Make Claim filed within 90 days. Recovering video from nearby cameras in the first days is often what turns an unidentified driver into a named defendant.
I was not wearing a helmet. Does that ruin my claim?
New York does not require adults to wear bicycle helmets, and not wearing one does not bar your claim. Insurers raise it anyway. It is an argument to be answered, not a reason to avoid calling a lawyer.
Who is at fault if I was doored?
Usually the person who opened the door. VTL § 1214 prohibits opening a vehicle door on the traffic side unless it is reasonably safe to do so. The driver, the passenger and the vehicle owner may all be responsible.
Do I need a bicycle accident attorney?
You can file the no-fault application yourself, but the claim against the driver is where most of a serious case’s value sits, and insurers defend it hard. A bicycle accident attorney preserves the evidence, proves the serious injury threshold and coordinates no-fault, workers’ comp and MVAIC so no deadline is missed.
How long do I have to file a bicycle accident claim in New York?
Generally three years against a private driver. But if a City vehicle, a City-maintained roadway, or a bike lane condition the City is responsible for was involved, a Notice of Claim is generally required within 90 days and suit within one year and 90 days. Separate no-fault and MVAIC clocks run in days, not years.
What does it cost to hire HaddLegal for a bike accident?
Nothing up front. We handle bicycle and e-bike accident cases on a contingency fee basis, so there is no attorney fee unless we recover money for you.