New York Bicycle Laws Every Cyclist Should Know
A bicycle ride offers a sense of freedom and connection to your surroundings that few other activities can match. A violent collision with a motor vehicle can instantly shatter that freedom. In the aftermath, you grapple not only with physical pain but also with a sudden and overwhelming sense of uncertainty. How will you pay for your medical treatment? What happens if you cannot work?
When faced with this stressful aftermath, many cyclists ask, Does auto insurance cover bicycle accidents? The answer is, yes. But figuring out the insurance process can be a confusing maze that feels impossible to navigate alone. At Greenspan and Greenspan Injury Lawyers, we can help you with your bike accident insurance claim. You do not have to take on the insurance company alone. We stand with clients in fighting for the compensation they need to recover from serious bicycle accidents.
Thanks to New York’s no-fault laws, auto insurance provides coverage for cyclists, offering some relief when uncertainty looms. When a vehicle strikes a cyclist, the driver’s auto insurance policy is typically the primary source of coverage for initial medical expenses and lost wages, regardless of who was at fault.
While the initial cyclist PIP coverage (Personal Injury Protection) is a vital first step, it often falls short of covering the total impact of a collision. Several common scenarios require looking beyond the basic no-fault benefits to secure fair compensation. You must understand your rights in these situations:
- When your injuries are severe. PIP benefits do not compensate you for pain and suffering. If you sustain a serious injury, such as a fracture, significant disfigurement, or an impairment that impacts your usual daily activities for 90 days, you can file a personal injury lawsuit against the at-fault driver.
- When the driver is uninsured or leaves the scene. If a hit-and-run driver or a motorist without insurance hits you, you can turn to your own auto policy’s Uninsured / Underinsured Motorist (UM / UIM) coverage. Underinsured coverage applies when the at-fault driver has insurance but not enough to cover the full extent of your damages.
- When you have no access to auto insurance. The New York Motor Vehicle Accident Indemnification Corporation (MVAIC) acts as a safety net for cyclists without a personal or family auto policy. This agency can provide benefits to injured cyclists who have no other insurance options.
These complex situations require a detailed analysis of your case to identify all potential sources of recovery. An experienced attorney knows how to navigate these different layers of insurance coverage to build a comprehensive claim on your behalf.
Steps to Protect Your Bike Accident Insurance Claim After an Accident
Knowing your insurance options is half the battle; the other half is knowing how to claim bicycle insurance by taking the proper steps immediately after the crash. What you do in the hours and days following an accident can significantly impact your ability to recover compensation.
Here’s what you need to do to build a strong foundation for your claim:
- Get medical attention immediately. Your health should be your priority. Seeking immediate medical care addresses your injuries and creates an official record that links those injuries directly to the accident.
- Report the accident. Always call 911 and file a police report. This report is a crucial, objective piece of evidence documenting the time, location, and parties involved in the collision.
- File your no-fault application promptly. In New York, you have only 30 days from the accident date to apply for no-fault (PIP) benefits with the correct insurance company. Missing this deadline can result in a total loss of your right to this essential coverage.
- Document everything. Keep a detailed file of all accident-related documents, including medical bills, receipts for out-of-pocket expenses, and records of your lost wages. Maintaining a journal detailing how your injuries impact your daily life is also helpful.
- Decline to give a statement. You are not obligated to give the at-fault driver’s insurance adjuster a recorded statement. Their job is to find reasons to use your words against you, so you should let your attorney handle all communications.
Taking these immediate and decisive actions helps create a strong foundation for your claim, putting you in the best position to recover the compensation you deserve.
How Fault Affects Your Recovery
Many cyclists worry that sharing some blame for an accident prevents them from recovering compensation. This is not the case in New York. The state follows a pure comparative negligence rule, which means you can still pursue damages even if you were partially at fault for the crash.
Under this rule, a court reduces your final compensation award by your percentage of fault. For example, if the court finds you 20% responsible for the collision, you can still recover 80% of your total damages. Our skilled attorneys know how to build a strong case that minimizes your fault and protects your right to a fair recovery.
Why Choose Greenspan & Greenspan Injury Lawyers?
Since 1959, Greenspan & Greenspan Injury Lawyers has stood beside injured individuals and their families. Our firm is proud to serve the suburban communities of New York, and our local focus allows us to build stronger, more personal relationships with the people we represent. With bilingual staff fluent in Spanish, we are prepared to help all community members. We take on the legal burden so you can focus on what matters most: your physical and emotional recovery.
Contact Us to Start the Fight for Your Rights
You do not have to face the complexities of a bike accident insurance claim alone. After a traumatic bicycle accident, you deserve an advocate who will stand up to insurance companies and fight for the full compensation you need to move forward. Let our experience work for you. Contact us today to learn how we can help you rebuild your life.
