If you were injured while riding your bike in New York or on Long Island, you will want to know how to claim insurance after a bicycle accident. Many bicyclists are not aware of the numerous potential avenues of financial recovery that may be available depending upon the particular circumstances of the accident.
In most cases, you can file a claim against the at-fault driver’s no-fault insurance coverage. That would cover up to a certain amount for your medical expenses following the bike crash. But this would not cover your non-economic losses, such as pain and suffering and emotional anguish, due to the crash. Such a claim would be made against the liability (i.e., “fault”) or “bodily injury” coverage of the at-fault party’s insurance coverage. If necessary, a bicycle accident attorney serving New York can file a personal injury lawsuit on your behalf with the goal of winning the compensation you deserve.
- What Insurance Coverage Can I Receive for My Bicycle Accident?
- How Can Your Law Firm Help with My Bicycle Accident Case?
- New York Law Limits Your Time to Take Legal Action Against the At-Fault Party
- We Help Injured Victims of Bicycle Accidents with Their Claims
What Insurance Coverage Can I Receive for My Bicycle Accident?
In the unfortunate event of a “hit & run” accident, where neither the at-fault vehicle’s driver nor owner can be identified, the bicyclist’s personal auto insurance policy, or even the personal auto insurance policy of a relative who resided with the injured bicyclist on the date of the accident, may cover claims for damages arising out of the bicycle accident.
This is only one of many examples of insurance coverage potentially being available from a source that might not be immediately apparent to the bicycle accident victim. Situations such as the one in the example point to why it is important to consult with an experienced and dedicated bicycle accident lawyer.
New York drivers are required to have:
- Liability insurance coverage ($25,000 per person, $50,000 per two or more injured people, $10,000 for property damage)
- Uninsured/Underinsured motorist coverage (UM/UIM)
- Personal injury protection coverage (PIP)
While you may bring a claim against the at-fault driver’s insurance, your own auto insurance policy offers protection under certain circumstances. Whether you drive a car, ride a bike, or even walk on the sidewalk, protection under your own auto insurance policy, or even the policy of a relative with whom you resided on the date of accident, may be triggered when another driver hits and injures you. We will explain some of these circumstances below.
Please note, as this is a technical and potentially confusing topic, a more thorough explanation, addressing the specifics of your situation, is available for free and is only a phone call away when you reach out to our office for a no-obligation case review with a member of our legal team. We promise to discuss your options with you in a patient, compassionate and comprehensive manner.
Your bicycle accident attorney will evaluate your case and advise you on your legal options. Rest assured that we will put all our resources at your disposal and treat your case with the utmost of respect and professionalism. Not all bike accidents turn into complex personal injury lawsuits, but in some cases, they do. Our team will be there every step of the way until you recover the damages that you are owed. If you lost a loved one to a bicycle crash and need help with your wrongful death case, rest assured we will handle this issue without sparing any effort.
Uninsured Motorist Coverage
If you were involved in a bicycle accident where the vehicle driver took off and was never identified, you could still receive compensation for your medical treatment and lost wages. This would be a claim under your No-Fault coverage. Likewise, if a hit and run driver caused you to suffer damages, you can file a claim under your uninsured motorist (UM) policy coverage. (If the driver or owner of the at-fault vehicle is identified, the No-Fault PIP claim would be made to the insurance carrier of that at-fault vehicle, as discussed further, below.)
Underinsured Motorist Coverage
If the driver that hit you while riding your bike does not have enough insurance to cover the full extent of your damages, you can file a claim under your underinsured motorist policy (UIM) depending upon the limits of your own policy.
Personal Injury Protection
In most cases, (i.e., where the at-fault driver is identified,) you would file under the PIP or personal injury protection coverage of the at-fault driver’s No-Fault insurance coverage. . This would cover up to $50,000 for your medical expenses. It is important to keep in mind that PIP coverage only covers your economic damages. That means your medical bills and some documented costs related to your bike accident would be covered.
If you also suffered non-economic damages, such as pain and suffering, mental distress, and loss of enjoyment of life and activities due to the accident, you may consider filing a third-party claim or personal injury claim against the at-fault driver. Again, this is where retaining a lawyer to represent you can make a tremendous difference in pursuing the full compensation you deserve.
For a free legal consultation, call 516-932-0400
How Can Your Law Firm Help with My Bicycle Accident Case?
One of the benefits of having our bicycle accident lawyer on your side is that we will handle your case from start to finish while you focus on your recovery. Once you choose to have us represent you, we will do the following:
- Update you on the progress of your case
- Determine the liable parties in your accident
- Handle all communication with the at-fault driver’s attorney, the insurance company, and any other vested parties in the case
- Collect evidence to support your claim (e.g., the police report, your medical records, eyewitness statements, photos of your bike, the other vehicle, and your injuries, any surveillance video from the accident scene)
- Add up all of your damages and place a value on your case.
- Fight relentlessly to win the best possible case result for you
Our legal team will also hire such subject matter expert witnesses as may be called for to support your claim, including medical experts, vocational rehabilitation specialists, life care planners, and economists. Keep in mind our attorneys work on a contingent fee basis. That means we never ask you to pay any fees upfront or out of pocket. You only pay us if we settle your claim or win an award in court on your behalf.
New York Law Limits Your Time to Take Legal Action Against the At-Fault Party
New York only allows for a limited time to file a personal injury lawsuit in civil court. This is in accordance with New York Civil Practice Laws & Rules § 214. With very few exceptions, which should never be depended upon, once this time period passes, there is no further opportunity to pursue a case. If your legal window of time closes, your chance to seek compensation goes away forever.
If the case involves at-fault conduct by any government agency, municipality or public authority, the limitations period, and the time for serving a Notice of Claim, is substantially shorter
Even if the statute of limitations and notice of claim periods are adhered to, it is important to act before promptly, specifically with regard to initiating an investigation, for several reasons.
Evidence may disappear over time, such as surveillance video of the accident. An eyewitness may forget crucial details as their memory fades. The sooner you reach out to us, the better our opportunity to build the strongest case possible.
We Help Injured Victims of Bicycle Accidents with Their Claims
Our injury team will help you claim insurance after a bicycle accident. We will ensure all paperwork in your case is filed before the deadline. We will also hold the at-fault party accountable for your damages and losses.
Lawyers from Friedman & Simon, L.L.P. will come to meet you on Long Island or wherever you are in the New York metropolitan area. We also provide a multilingual staff to assist you in Spanish, Greek, Bengali, Tamil, and Kannada. Call (516) 932-0400 to get started today.