Yes. If you’ve suffered a “serious injury” as a result of being struck by a car while cycling, a claim can be pursued against the driver and the driver’s automobile liability insurance policy for the injuries you’ve suffered.

Yes. In New York, in order to pursue a lawsuit against a driver for your pain and suffering after being involved in a bicycle accident, your injuries must meet the New York State Insurance Law’s definition of a “serious injury.” To learn more about a "serious injury" click here.

Yes. However, as mentioned above you can only sue a motorist who hits you while riding your bike if you have suffered a “serious injury”. Therefore, even if the driver was 100% at fault because he was not paying attention, he was using a cell phone or he was speeding, you still cannot pursue [...]

Yes. New York State is a comparative fault jurisdiction.  This means that in a lawsuit involving a personal injury, such as a bike accident, a jury can apportion fault to both the driver of a car and the bicyclist.  In cases that settle or do not go all the way to trial, your personal [...]

That determination can be made by a judge, a jury, a mediator, an arbitrator or negotiated between lawyers or with the insurance adjuster. This kind of determination is not an exact science. Rather, to determine who is at fault, it is necessary to consider many factors including the location of the crash, the speed of [...]

Regardless of who was at fault in causing the bicycle crash, NY law allows for compensation to bicyclists for medical costs, lost wages, as well as reasonable and necessary expenses, up to $50,000. This is called no-fault coverage. This $50,000 limit is a minimum limit and certain insurance policies may have more than $50,000 [...]

Your medical bills should be paid for by the automobile insurance carrier for the person who hit you. Make sure to fill out a no-fault form and submit it to the insurance company for the person who hit you within 30 days. Also, make sure you notify your medical providers that you were hit [...]

When the $50,000 no-fault benefits are exhausted, you may apply for additional no-fault benefits, known as “additional personal injury protection” (APIP) to pay for your medical expenses and lost earnings. Additional personal injury protection (APIP) is an optional coverage that may or may not be available. If APIP benefits are not available through the policy of the [...]

If there is no additional personal injury protection (APIP) available and the $50,000 no-fault policy is exhausted, you should submit your medical bills to your medical insurance carrier. If you are still out of work and suffering lost wages, you should apply for disability benefits. In addition, as mentioned above, a claim can also [...]

You should file your claim with the insurance company that insures the vehicle that hit you. You file a claim by filling out the No-Fault forms sent to you by the insurance company. Note that you are not obligated to give any formal statement (other than what is requested on the No-Fault forms) about how [...]