Cycling in New York can be an exhilarating experience, offering a sustainable and healthy mode of transportation. However, the busy streets and sometimes hazardous conditions can lead to bike accidents. Knowing how to file a bike accident claim in New York is essential for protecting your rights and securing the compensation you deserve. This guide will walk you through the process step-by-step.

Understanding Your Rights as a Cyclist

Cyclists in New York have the same rights and responsibilities as motor vehicle drivers. This means that in the event of an accident, you are able to pursue compensation for your injuries, damages to your bike, and any other related expenses. Here's what you need to know:

• New York is a No-Fault State: This means that your insurance company will cover medical expenses and lost income, regardless of who was at fault in the accident.
• Personal Injury Protection (PIP): As a cyclist, you are covered under PIP if you have car insurance. If you do not have car insurance, you can claim under the policy of a household member.

Steps to Take Immediately After a Bike Accident

1. Ensure Safety and Call 911: The first priority is safety. Move to a safe location if possible and call 911 to report the accident. Seek medical attention right away, even if you believe your injuries are minor.
2. Gather Evidence: Collecting evidence at the scene is critical. This includes:
   • Taking photographs of the scene, your bike, any vehicles involved, and your injuries.
   • Getting contact information from witnesses.
   • Obtaining the driver's information, including their insurance details.
3. File a Police Report: Make sure a police report is filed. This document is crucial for your claim because it serves as an official record of the accident.
4. Seek Medical Treatment: Even if you feel fine, it's important to get a medical evaluation. Some injuries may not show up immediately. Hold onto all medical records and receipts for expenses paid as they will be necessary for your claim.

Filing the Bike Accident Claim

Step 1: Notify Your Insurance Company

• Report the Accident: Call your insurance company as soon as possible to report the accident. Provide them with all necessary details, including the police report number and contact information for the other party involved.

Step 2: Documentation

• Medical Records: Organize and keep all medical records related to the accident. This includes doctor's notes, treatment plans, and receipts for any out-of-pocket expenses.
• Repair Estimates: Get estimates for the repair or replacement of your bike.
• Lost Wages: Document any time you've missed from work due to the accident and obtain a statement from your employer.

Step 3: File a No-Fault Claim

In New York, you must file a no-fault claim with your insurance company within 30 days of the accident. This claim covers medical expenses and lost wages up to a certain limit.

Step 4: Determine Fault

If the accident involved another vehicle and you believe the driver was at fault, you have the option to make a third-party claim on the driver's insurance:

• Provide Evidence: Use the evidence gathered at the scene to demonstrate the driver's negligence. This can include photos, witness statements, and the police report.
• Negotiate a Settlement: The insurance company might offer a settlement. It's often beneficial to consult with a lawyer to ensure that the offer is fair and covers all your expenses.

When to Contact a Lawyer

Navigating the claims process can be complicated, especially if you're dealing with serious injuries or if fault is disputed. Here are some situations where contacting a lawyer is advisable:

• Serious Injuries: If you have suffered major injuries that require comprehensive medical treatment or result in long-term disability.
• Disputed Liability: If there's a disagreement over who was at fault for the accident.
• Insurance Issues: If your insurance company denies your claim or offers an insufficient settlement.

Benefits of Legal Representation

• Expertise: Lawyers specializing in bike accident claims understand the intricacies of the law and can help you navigate the process effectively.
• Negotiation Skills: Lawyers will negotiate with insurance companies on your behalf to make sure you receive a fair settlement.
• Peace of Mind: Having legal representation allows you to focus on your health and recovery while your lawyer handles the legalities of your claim.

Filing a bike accident claim in New York can be a scary process, but understanding your rights and knowing the steps to take and understanding your rights can make it more manageable. Remember to gather evidence, seek medical attention, and report the accident to your insurance company promptly. In cases of serious injuries or disputed fault, consulting with an attorney will provide invaluable assistance and help you secure the compensation you deserve.

Brandon J. Broderick Can Help With Your NY Bicycle Accident

A vehicle accident of any kind can leave you in pain and feeling frustrated and hopeless. When the accident is due to someone else's lack of care, you may need legal representation to ensure your rights and best interests are protected—in these situations, having someone who is on your side to back you up can be a huge relief. 

At Brandon J. Broderick, Attorney at Law, we believe in compassionate client care and honest, straight-forward approach. When you hire a New York City accident lawyer from our team at Brandon J. Broderick, you pay nothing upfront. We work on contingent fees that are only collected if we win your case. That means if we don’t win, you don’t pay.

Contact us today, and let us turn your setback into a comeback.