Every person riding a bicycle upon a roadway is granted all the rights and is subject to all of the duties applicable to the driver of a vehicle. However, New York law treats bicyclists differently in several important ways.

If injured in a bicycle accident with a motor vehicle, no matter who is at fault, the insurance company for the motor vehicle is required under New York’s No-Fault law to pay all of your medical bills and a portion of your lost wages. This applies even if you have private health insurance. Therefore, when an incident occurs, you should obtain insurance information from the automobile owner, and then promptly fill out an application for no-fault benefits.

Legal Deadlines and Injury Requirements for Bicycle Accident Claims

Generally, this must be done within 30 days of the date of the incident. Additionally, in order to bring a personal injury lawsuit against the driver and/or owner of the motor vehicle, persons injured in bicycle accidents must prove that they have sustained an “serious injury” which is defined in New York’s Insurance Law. This is the same requirement that applies to persons in the vehicle to vehicle accidents. We at Collins & Collins Attorneys. LLC routinely handle automobile and bicycle accident cases, and we would be happy to discuss your potential case with you. Please call us for a free consultation.