Do Bicycle Accidents Fall Under New York’s No-Fault Law?
Bicycle accidents in New York can be confusing from an insurance and legal perspective. If you’re on a bike and involved in a crash with a motor vehicle, what rights do you have? Does the state’s no-fault insurance law apply? Here’s how the system works and what cyclists need to know to protect themselves. If you or a family member has been hurt in a bicycle knockdown crash in Brooklyn, the Bronx, Queens, or Manhattan, contact Leandros A. Vrionedes, P.C., to speak with a knowledgeable and dedicated NYC bicycle accident attorney.
What Is New York’s No-Fault Insurance Law?
New York is a “no-fault” state when it comes to auto insurance, codified under Article 51 of the New York Insurance Law. This means that when a motor vehicle collision occurs, certain benefits, such as medical bills and lost earnings, are paid by the victim’s vehicle insurance without regard to who caused the crash. In other words, the victim does not have to prove the other driver was negligent in order to get some basic financial help.
For cyclists, this raises the question: Does that “no-fault” coverage apply when you are struck by a car, truck, or bus while riding a bike?
When Bicycle Accidents Are Covered by No-Fault
The short answer is, yes. If a cyclist is involved in a crash with a motor vehicle, the no-fault insurance of that vehicle typically comes into play. In other words, if a car (or other covered vehicle) hits a bicycle and causes injury, the motor vehicle’s insurance must pay no-fault benefits for things like reasonable and necessary medical expenses and lost wages (subject to statutory limits).
So long as the crash involved a motor vehicle that is subject to the no-fault law (a car, truck, bus, taxi, etc.), the cyclist may be eligible for no-fault benefits. However, you must file your claim quickly to secure your rights, typically within 30 days of the accident.
The Limits of No-Fault Insurance in New York
No-fault insurance is subject to important limitations. For instance, if the knockdown does not involve a motor vehicle (for instance, a bike vs. bike collision, or a fall caused by a road hazard only), the no-fault system generally does not apply. Additionally, no-fault benefits only cover economic losses such as medical bills, lost wages, and related expenses, but it does not provide any compensation for pain and suffering or other non-economic damages.
To recover compensation beyond what no-fault offers, such as non-economic damages or amounts exceeding the no-fault caps for economic damages, the cyclist may need to bring a personal injury lawsuit against the at-fault driver. This requires proving (in court or during settlement negotiations with the insurer) that the driver was negligent and responsible for the crash and the damages that resulted.
Fault-based or negligence claims in New York are limited to cases where the accident victim suffered a “serious injury” as defined in the law, namely:
- Death
- Dismemberment
- Significant disfigurement
- Fracture
- Loss of a fetus
- Permanent loss or significant limitation of use of a body part or system
- A medically determined non-permanent injury preventing most usual daily activities for 90 out of the 180 days following the injury
Why Cyclists Should Act Quickly
Because no-fault benefits are a first line of recovery, it’s important that cyclists:
- Report the crash and obtain the at-fault vehicle’s insurance information
- File a no-fault claim promptly within thirty days of the knockdown
- Keep detailed records of all medical treatment, lost time from work, and related expenses
- Consult a personal injury attorney early, especially if injuries are serious or the claim may exceed what no-fault covers.
When a Lawsuit May Be Necessary
If the injuries are severe, such as traumatic brain injury, permanent impairment, or long-term disability, the cyclist may qualify to step outside the no-fault system and bring a full personal injury claim against the negligent driver. It is not uncommon after a bicycle knockdown that no-fault benefits are insufficient to cover the full cost of injury and recovery. Whether going to court or settling with the insurance company, legal representation is necessary to get the full value of your claim.
Key Takeaways for Cyclists in NYC
- If you’re hit by a motor vehicle, New York’s no-fault law can apply and help with immediate costs.
- No-fault is not a replacement for full damages in serious injury cases.
- The crash must involve a motor vehicle, and the at-fault vehicle must carry no-fault (Personal Injury Protection) insurance.
- Acting quickly and preserving evidence is critical.
- For serious injuries, legal representation is necessary to obtain full compensation.
Contact Leandros A. Vrionedes, P.C. for Help
If you were injured in a bicycle accident involving a motor vehicle in New York City, don’t assume you have only one path to recovery. At Leandros A. Vrionedes, P.C., we help cyclists navigate the no-fault system, pursue personal injury claims when needed, and make sure no benefit or right is missed. Contact us today for a free consultation to discuss your case and understand your legal options.
