Similarly to those in other motor vehicles involved in a crash, bicyclists
can also receive compensation for their damages (bicycle repairs, medical
costs, etc) via a negligence suit, especially if the motorist violated
a traffic regulation.
Experienced Poughkeepsie bicyclist accident attorneys understand how to use New York’s No-Fault law to provide victims
a source of recovery. This may seem surprising at first because many people
only think of the No-fault law as solely relating to accidents between
The No-Fault law is a serious advantage to persons injured in roadway accidents
because it works as intended in regard to reducing the amount of litigation
and by compensating victims much more quickly. If the parties to an accident
are insured and involved in a New York accident, the No-Fault law will
kick-in. Most importantly for your knowledge, is that a negligence claim
is a different cause of action as compared to
No-Fault compensation. Therefore, any costs related to the accident that the victim was not
compensated for under No-Fault, can be recovered via a negligence suit,
for example. But for those defendants that have few assets and/or little
income, compensation through No-Fault insurance may be the best option
The No-Fault rules are simple, any
car accidentoccurring in New York in which a person in the car (driver, passenger),
and/or persons outside of the car (pedestrian, bicyclist) who makes physical
contact with the vehicle, is injured in a collision will receive the benefit
of said law. This applies so long as the vehicle is insured by a company
authorized to issue insurance policies in New York or when the policy
was actually sold to the motorist in New York. Cars, trucks, rigs, buses
(basically any vehicle with more than three wheels) are covered by the
No-Fault regulations. Remember, so too are the pedestrians and bicyclists
with whom the vehicle came into contact.
The injured bicyclist should expect
No-Fault insurance to cover the costs of medical care, lost income, and other miscellaneous expenses
that which relate to the accident with a motorist. As a more specific
example, the bicyclist can receive up to $2,000 per month for lost wages.
If you are a bicyclist who was injured in a
motor vehicle collision, you should expect to receive a No-Fault application from the driver’s
insurance carrier. However, if you have an insured vehicle in New York
as well, you can also ask your insurer to send you the application. Note
that once the accident occurs, you have only 30 days from that date to
file the No-Fault application.
Are you interested in learning more about bicycle accidents and the law?
Find out more in the latest article by our experienced bicyclist accident attorneysavailable by clicking on this link. Learn more about bicycle accident statistics throughout the country and
New York by
clicking on this link available here. Our attorneys have also explained some of the laws regarding the conduct
of bicyclists and other drivers on the roadway which is
available here. Also, learn here about the different types of bicycle accidents with
another motor vehicle
available by clicking on this link here.
Our personal injury attorneys at
Mainetti, Mainetti, and O’Connor, P.C. have over 100 years of combined experience working with victims of personal
injury accidents throughout New York. We understand how to effectively
represent clients who have been injured in serious car accidents, particularly
throughout the Mid-Hudson Valley region in Kingston, Poughkeepsie, and
Newburgh where we have offices. Hear
what our clients are saying about us here and learn about just some of our
successful results here. If you or a loved one has been injured in a personal injury accident,
please do not hesitate to contact us by calling 845-340-HURT (4878) or
toll free at 866-440-4452, or by using the
convenient contact form here.