Who Pays for My Injuries if I Was Knocked Down by a Car While Riding My Bicycle in New York City?
Bicycling is one of the most efficient ways to get around New York City. It’s fast, affordable, and increasingly popular with commuters, delivery workers, and recreational riders alike. But while the city has made strides in building more bike lanes and promoting cycling safety, accidents between cars and bicycles are still common—and often serious.
If you were knocked down or struck by a car while riding your bicycle in New York City, you may be facing painful injuries, mounting medical bills, and time away from work. One of the first and most important questions to ask is: Who pays for your injuries?
At Leandros A. Vrionedes, P.C., we help injured cyclists recover full and fair compensation for their losses. Here’s what you need to know about how New York’s no-fault insurance laws apply to bicycle accidents and what to do if you’re hurt. For personal assistance tailored to your specific needs, contact our office to speak with a skilled and experienced New York City bicycle knockdown lawyer.
No-Fault Insurance Covers Cyclists in Most Car-Bike Accidents
New York is a no-fault insurance state when it comes to bicycle accidents. That means, regardless of who was at fault for the crash, the car’s insurance company is typically responsible for paying your basic economic losses, including up to $50,000 for:
- Medical expenses
- Lost wages (up to 80%, subject to a $2,000/month cap)
- Reasonable out-of-pocket costs related to the accident
This system applies to any person injured by a motor vehicle, including pedestrians and bicyclists. So, if you were riding your bike and a car hit you, whether you were traveling in a bike lane, crosswalk, or intersection, the driver’s no-fault insurance should cover your initial medical care and lost wages.
You do not need to prove fault to receive these benefits, but you must file a no-fault claim within 30 days of the accident, or you could lose your right to compensation under the no-fault system.
What No-Fault Insurance Does Not Cover
While New York’s no-fault law helps with basic expenses, it does not cover everything. For instance, it does not pay for:
- Pain and suffering
- Emotional distress
- Permanent disability or disfigurement
- Loss of enjoyment of life
To recover these damages, you must file a personal injury claim against the at-fault driver and prove that your injuries meet the “serious injury threshold” under New York law.
What Counts as a “Serious Injury” in New York?
Under New York Insurance Law § 5102(d), you can sue for pain and suffering and other non-economic damages if you’ve suffered:
- Death
- Dismemberment
- Significant disfigurement
- A fracture
- Loss of a fetus
- Permanent loss of use of a body organ, member, function or system
- Permanent consequential limitation of use of a body organ or member
- Significant limitation of the use of a body function or system
- A medically determined injury or impairment of a non-permanent nature which prevents you from performing substantially all of the material acts which constitute your usual and customary daily activities for not less than ninety days during the one hundred eighty days immediately following the occurrence of the injury or impairment.
If your injuries qualify under any of the above criteria, you can file a lawsuit against the driver to seek full compensation for both economic and non-economic losses.
What if the Driver Was Uninsured or Fled the Scene?
Unfortunately, hit-and-run crashes and uninsured drivers are a reality in NYC. If the driver who hit you was uninsured, underinsured, or unidentified (as in a hit-and-run), you may still have options. For example, if you or someone in your household owns a car with auto insurance, your own insurance policy may include uninsured/underinsured motorist (UM/UIM) coverage, which can step in to compensate you.
If you do not have auto insurance in your household, you may be eligible for compensation through the New York Motor Vehicle Accident Indemnification Corporation (MVAIC). MVAIC helps certain crash victims, including pedestrians and cyclists, who would otherwise be left without coverage.
What If You Were Partially at Fault?
New York follows a pure comparative negligence system. That means even if you were partly responsible for the accident—say, by riding outside of a bike lane or failing to use lights at night—you can still recover compensation. However, your total damages will be reduced by your percentage of fault.
For example, if you were awarded $100,000 in damages but found 30% at fault, you would still recover $70,000.
Insurance companies often try to place the blame on cyclists. That’s why it’s critical to work with a lawyer who knows how to push back and show the full scope of the driver’s negligence, like speeding, failing to yield, distracted driving, or opening a car door into your path.
What to Do After a Bicycle Knockdown in NYC
If you were hit by a car while riding your bike in Manhattan, the Bronx, Brooklyn, or Queens, here are some steps to protect yourself and your claim:
- Call 911 and report the accident to the police. Make sure an official report is created.
- Seek medical treatment immediately, even if you don’t think you were hurt too badly. Some serious injuries (like internal damage or concussions) take time to appear but need to be diagnosed and treated promptly.
- Get the driver’s information, including their insurance, license plate, and contact details.
- Take photos of the scene, your bike, the vehicle, your injuries, and anything else that could be relevant.
- File a no-fault claim within 30 days. If you’re unsure how, an attorney can help.
- Contact a personal injury lawyer before speaking to the driver’s insurance adjuster.
Speak With an Experienced NYC Bicycle Accident Attorney Today
If you’ve been injured while riding your bike in New York City, don’t try to deal with the insurance companies alone. Even under no-fault rules, insurers may try to delay, deny, or minimize your claim. And if your injuries are serious, you deserve to be compensated for more than just your initial medical bills.
At Leandros A. Vrionedes, P.C., we know how to handle bike accident claims from start to finish, whether you’re seeking no-fault benefits, filing a personal injury lawsuit, or navigating a complex case involving a hit-and-run. Contact us today for a free consultation and let us help you get the compensation you need to recover and move forward.
