Does No-Fault Insurance Apply to Bicycle Accidents?
No-fault insurance applies to bicycle accidents; however, if your injuries are serious, you may need to file a personal injury lawsuit. A no-fault insurance claim may be administered by the same insurance company that defends your personal injury lawsuit. However, these are distinct claims that will likely be handled by different departments within the same insurance company. Douglas and London are available for free consultations to answer your questions regarding your bicycle accident claim.
What Does No-Fault Insurance Cover?
If you were in a bicycle accident here in New York, the no-fault insurance would come from the vehicle that hit you. Under no-fault insurance, regardless of fault, the insurance company will pay bicyclists up to $50,000 for their legitimate economic losses. This includes, but is not limited to, the following:
- Ambulance expenses
- Hospital visits
- Doctors’ bills
- Surgeries and procedures
- Diagnostic tests
- Prescription medications
- Physical therapy
- Assistive devices
- Lost wages
How to Qualify for No-Fault Insurance
If you are injured in a bicycle accident, to receive no-fault insurance coverage, you will need to satisfy the following elements:
- The crash transpired here in New York
- You were either struck by or in contact with the insured vehicle
- The motor vehicle must be registered in New York
- The motor vehicle is not a motorcycle
- The motor vehicle is a car, bus, truck, or taxi covered by New York’s No-Fault insurance law
- That vehicle has an insurance policy sold in New York or issued by a company licensed to practice in New York
Why Filing a Lawsuit May Be Necessary
In some accidents, $50,000 may be enough to cover your economic losses. However, many bicycle accidents cause severe injuries that create physical, emotional, and financial havoc in the lives of the victims. In those cases, $50,000 is not enough to cover the economic losses. It should be noted that no-fault insurance does not cover damages from pain and suffering– which can be overwhelming. To recover more than the above amount and/or recover for pain and suffering, you would need to file a separate personal injury lawsuit.
Delays Can Be Costly
It is crucial to understand that time is of the essence. Within 30 days of your crash, you must file your no-fault insurance application. While your claim can be denied if you miss this deadline, an experienced attorney may be able to find an exception that applies to your case. Our attorneys at Douglas and London advise that you consult with an experienced New York City bicycle accident attorney as soon as possible following your accident.
Many health insurance providers do not cover a personal injury resulting from a bicycle accident. Additionally, just by filing the application, you are not locked into initiating a claim.
Injuries Commonly Caused by Bicycle Accidents
Naturally, the injuries suffered by bicycle accident victims are often serious due to the lack of protective shielding and the size and speed discrepancy between the bicycle and the motor vehicle that strikes it. Injuries that typically arise from bicycle accidents include the following:
- Fractured or broken bones
- Ligament damage
- Cuts and lacerations
- Organ damage
- Internal injuries
- Neck, back, and spine injuries
- Traumatic Brain Injury (TBI)
- Permanent scarring or disfigurement
A Consultation Can Provide Peace of Mind
With the possibility of both a no-fault insurance claim and a personal injury claim, these cases can be complex. Contact our office and speak to a NYC personal injury lawyer as soon as possible. For nearly 20 years, we have been vigorously pursuing justice for injured victims. We take pride in fighting to maximize the financial compensation that each client receives. We have secured over $4 billion in jury verdicts and settlements on behalf of our clients.
We Work on a Contingency Fee Basis
If you have questions about the use of no-fault insurance for a bicycle accident, call Douglas and London today to book your zero-cost consultation. We will not charge you any legal fees unless you win your case.