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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

If the driver who hit you while riding a bicycle has no insurance, you can turn to your own policy to submit a claim. If neither you nor any family member in your household has automobile insurance, you may be eligible for uninsured motorist [...]

Generally, the statute of limitations to file a lawsuit after being hit by an automobile is 3 years from the date of the accident. However, if a death occurs, the statute of limitations is 2 years. In addition, shorter times may be applicable if [...]