In New York State, if a cyclist is struck by a car, truck, bus, or taxi, the cyclist is entitled to collect benefits under the vehicle’s no-fault coverage. Benefits available are up to $50,000 and apply regardless of who was at fault. These benefits apply to pay for: Medical expenses: Ambulance, hospital, doctor, therapy, and prescription costs
- Lost wages due to accident-related lost time from work
- Other reasonable and necessary expenses (e.g., transportation, assistive devices, necessary household help).
Time is of the essence. You must file the no‑fault claim with the vehicle’s insurance carrier within 30 days of the accident. Your medical providers must submit their bills to the insurer within 45 days of treatment. Missing these deadlines may jeopardize your ability to recover benefits.
Limits of No‑Fault Coverage
No‑fault insurance strictly covers economic losses (medical bills, lost income). It does not cover pain and suffering, permanent injury, limitation or loss of use, scarring, or harms caused by death. Additionally, economic benefits are capped at the $50,000 limit unless the vehicle owner opted for additional coverages. Additional coverage known as APIP or OBEL coverage can be purchased and provide extra coverage in $25,000 increments.
When You Can Bring a Claim Beyond the No-Fault Benefits
In New York State, you can only bring a claim against the at-fault driver if your injury qualifies as “serious.” As defined by New York law, a serious injury includes:
- Fractures: Broken bones resulting from the accident.
- Permanent or Significant Loss of Use: Permanent physical limitations resulting in significant partial or total loss of use of a body organ, member, function, or system.
- Substantial Disability: A medically determined injury or impairment that prevents you from performing usual activities for at least 90 of the 180 days immediately following the accident. These 90 days need not be consecutive, but must all fall within the six months after the accident.
- Significant Disfigurement: Noticeable permanent scarring or disfigurement.
- A claim can also be pursued if your expenses exceed the no‑fault cap of $50,000.
Comparative Fault Applies
New York operates under a pure comparative fault system. You can still recover damages even if you bear some responsibility for the accident. However, your percentage of fault will reduce the amount awarded.
Additional Coverage Options
Uninsured/underinsured motorist (UM/UIM) coverage may apply if the at-fault driver has little or no insurance. It is important to involve an attorney early to explore lesser-known coverage options because time limits apply.
Key Takeaways for Injured Bicyclists
- Call 911 for emergency medical assistance and to create a police report about the accident.
- If possible, collect scene photos and witness contact information. (Don’t assume the police will always gather this information).
- Don’t delay: file a no‑fault claim within 30 days and ensure your medical providers bill promptly. Advise all providers at every visit to bill the no-fault insurance carrier. Improper billing to your health insurance carrier will delay processing of your claim and may result in unpaid bills.
- If you have sustained a serious injury, contact the personal injury team at Lacy Katzen LLP for a free consultation. They can help to ensure that you do not miss any time deadlines. Awareness of UM/UIM coverage issues is vital; an experienced lawyer can help you navigate overlaps and avoid coverage gaps.
- Keep detailed records, including medical reports, proof of lost work, and photos of the scene and your injuries.
If you or someone you love has been injured in a bicycle accident due to the negligence of a driver, we are here to help. Please contact Lacy Katzen’s personal injury attorneys today for a free consultation.
