Does no-fault cover me if I was hit while riding a bike in Brooklyn?
Generally, yes. A cyclist struck by a motor vehicle is usually covered by that vehicle’s no-fault policy for medical bills and part of lost earnings, up to $50,000 in basic economic loss, regardless of fault. You don’t need to own a car. The application is generally due within 30 days.
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 who opened the door and the vehicle owner may all be responsible.
I was riding an e-bike. Does that change my case?
It can. Class 1, 2 and 3 e-bikes are defined under VTL § 102-c and are generally treated like bicycles for no-fault purposes. Mopeds and other motorized vehicles are treated differently and may not qualify for no-fault, so the type of bike matters.
I was hit while making a delivery. Can I file workers’ comp and sue the driver?
Often, yes. Workers’ compensation may cover medical care and part of lost wages if you qualify, and a separate claim against the driver for pain and suffering can generally proceed alongside it. Being classified as an independent contractor by an app does not decide the claim against the driver.
The driver drove off. Do I still have a case?
Possibly. Uninsured motorist coverage on your own or a household member’s auto policy, or MVAIC if there is none, may pay. The crash generally must be reported to police within 24 hours and the MVAIC notice filed within 90 days.
I wasn’t wearing a helmet. Does that hurt my claim?
New York does not require adult cyclists to wear a helmet, and not wearing one does not bar a claim. The defense may argue it affected a head injury, which is one more reason to build the medical proof carefully.
How long do I have to file a bicycle accident claim in Brooklyn?
A lawsuit against a private driver generally must be filed within three years under CPLR § 214(5). If a City vehicle or City-maintained street or bike lane is involved, a Notice of Claim is generally due within 90 days. The no-fault application is due within 30 days.
Do I need a bicycle accident attorney, or can I handle the claim myself?
You can file the no-fault application yourself, but the injury 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 deadlines are not missed.
I crashed on a Citi Bike. Who pays?
If a vehicle hit you, the driver’s no-fault and liability coverage generally apply the same way they would to any cyclist. If the bike itself malfunctioned, the bike’s operator or manufacturer may also be responsible. Keep your ride receipt and photograph the bike and its number.
What does it cost to hire HaddLegal for a Brooklyn bike accident?
Nothing up front. We handle bicycle accident cases on a contingency fee basis, so there is no attorney fee unless we recover money for you.