Yes. If you’ve suffered a “serious injury” as a result of being struck by a car while cycling, a claim can be pursued against the driver and the driver’s automobile liability insurance policy for the injuries you’ve suffered.

Yes. In New York, in order to pursue a lawsuit against a driver for your pain and suffering after being involved in a bicycle accident, your injuries must meet the New York State Insurance Law’s definition of a “serious injury.” A serious injury means a personal injury which results in any of the following:

• Death
• Dismemberment
• Significant Disfigurement
• Fracture
• Loss of a fetus
• Permanent loss or use of a body organ, member,

function or system

•  Permanent consequential limitation of use of a body organ or member

• Significant limitation of use of a body function or system; http://lamarchesafrankolaw.com/new-york-courts-get-serious-about-ptsd/

• A medically determined injury or impairment of a non-permanent nature which prevents the injured person from performing substantially all of the material acts which constitute such person’s usual and customary daily activities for not less than 90 days during the 180 days immediately following the occurrence of the injury or impairment.

Yes. However, as mentioned above you can only sue a motorist who hits you 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 cell phone or he was speeding, you still cannot pursue a claim in New York unless you have suffered a “serious injury”.

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 do not go all the way to trial, your attorney and the insurance adjustor will discuss the different levels of fault for those involved in the accident.

For example, let’s say a cyclist was riding a bicycle at night and was not wearing any reflective gear. Let’s also say the bicyclist was completely stopped at a stop sign waiting to make a turn when she is suddenly struck from behind by a car.  In this example, the driver of the car would be at fault, but his or her insurance company would argue that part of the fault lies with the bicyclist for not having reflective gear on at night.  Thus, if fault is apportioned 50/50, and the value of your case is $100,000, you will only recover $50,000.

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 factors including the location of the crash, the speed of the vehicle that struck you and eyewitness testimony.

Regardless of who was at fault in causing the 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 limit and certain insurance policies may have more than $50,000 available coverage, called additional personal injury protection (APIP). A no-fault claim must be filed within 30 days of the accident.

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 sure you notify your medical providers that you were hit by a vehicle, so they bill the no-fault carrier rather than your medical insurance. Importantly, applying for no-fault benefits will have no impact on your ability to file a claim for your “serious injuries” against the driver who hit you.

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 APIP benefits are not available through the policy of the vehicle that struck you, you should check your own policy.

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 benefits. In addition, as mentioned above, a claim can also be brought against the driver that hit you and the drivers automobile liability insurance policy if you have suffered a “serious injury”.

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 than what is requested on the No-Fault forms) about how the accident happened in order to file a No-Fault claim.

If you do not know who struck you or if the vehicle was uninsured, you may file a claim with your insurance company or any insurance company for a relative you live with at the time of the accident.

If you do not know who hit you, or the vehicle was uninsured and there is no automobile insurance policy in your household, you should file a claim with the Motor Vehicle Accident Indemnification Corporation (MVAIC).

If the driver who hit you 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 protection from the Motor Vehicle Accident Indemnification Corporation (MVAIC).

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 the vehicle that caused the crash is owned by the state or federal government, or by a town, village, city, county, or transportation authority.

No. Insurance companies usually look to blame the cyclist for a crash, so they don’t have to pay full compensation for your injuries. Take the name, phone number and the claim number from the insurance adjuster calling you and have your personal injury lawyer call them.

Yes. You should always cooperate with your own insurance company after an accident. However, if you feel more comfortable speaking to a lawyer first, respectfully tell the insurance adjuster who calls you that you will have to get back them at another time. Then contact a personal injury attorney that handles bicycle accident cases with any questions.