Do I need an attorney for being hit by a car while biking in NYC?
I was in the bike lane on Jay st. South, Driver was making a right on green onto johnson st. I got hit and flew over the handlebars and landed on my hands. I was bleeding and have minor knicks on my face. I got the information of a witness, (name, number) and the name, number and plates of the driver. I filed a police report. The driver was driving with a suspended license. I went to the hospital to have my wrists bandaged and x-rayed. I'm 25 and still using my parent's health insurance. I would like my bike fixed and my medical bills covered. Also my right wrist is nearly immobile and the doctors are not sure if it is fractured but should know in the coming days. Thanks.
10 attorney answers
I think that you should consult with a personal injury attorney, as you may be entitled to compensation for your injuries, especially if your wrist is fractured. You should be eligible for no fault insurance benefits, but you need to file for ot within 30 days of the incident, so speak with an attorney asap.
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It sounds like you have been through a terrible ordeal. Make sure you get the medical treatment you need, especially for your wrist.
You automatically qualify for New York No Fault insurance, which will pay for your medical bills, lost wages and related expenses. You will receive that coverage through the insurance company for the car that struck you. You need to notify them right away as you must file a No Fault claim within 30 days of the incident.
You may have a claim to receive compensation beyond No Fault based on your injuries. I suggest that you speak to a personal injury attorney who has experience with bike accident cases in New York City. That attorney can help you assess your case and help you with filing for No Fault. The consultation should be free.
I hope this information helps and that you are feeling better.
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Contact the insurance company for the car to get your medical bills paid. They should cover it through no-fault insurance. You can submit a property damage claim to them as well for the damage to your bike. Give the insurance company a copy of the police report and see if they will cover the damage. If the police report indicates that their driver was at fault, then they should cover it. If they don't you may need an attorney.
However, it will probably be difficult to find an attorney to handle the property damage case unless you also have a viable personal injury case. To recover for pain and suffering for bodily injuries, you have to meet the New York State requirements for a serious injury under Insurance Law 5102. Minor knicks won't reach that threshold. If your wrist is fractured, then you will definitely meet the threshold, and you should easily be able to find an attorney to handle all of your claims.
The answer to your question is yes. An attorney can help you get the benefits that you are entitled to under our law here in New York.
These benefits include something called no fault coverage, which will pay for all of the medical bills that you have incurred to date as well as going forward. As you were a bicyclist, our law requires the vehicle that hit you to provide you this no-fault coverage. You must file an application with the insurance company for that unlicensed drivers vehicle within 30 days to make sure that you get the benefits. An attorney can help you with that.
No-fault will also provide coverage for time out of work as well as some out-of-pocket expenses for transportation to and from doctors as well as prescription costs.
Finally, if you are diagnosed with a fracture For some other serious injury that will require care and treatment, then you may be entitled to recovery for your injuries.
Consultations are free. Use the Avvo find a lawyer tool to locate someone in your area. Good luck!
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Your medical bills should be covered if you file a no-fault insurance claim. If your only other damage is fixing the bike, I doubt too many lawyers would take the case. However, if you develop more serious injuries, you could have a case worth pursuing. You need to suffer a "serious injury" as defined by the Insurance Law in order to recover for pain and suffering.
I am a former federal and State prosecutor and have been handling criminal defense and personal injury cases for over 18 years. The above answer, and any follow up comments or emails, is for informational purposes only and not meant as legal advice.
Always speak with an attorney who is versed in personal injury law before speaking with an insurance company. Good luck.
Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff
You can seek to be reimbursed through the driver's insurance company. Also, you can sue the driver directly for property damage as well as potentially pain and suffering.
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You should speak to a personal injury attorney ASAP. The driver's no-fault insurance (assuming the driver has insurance) will be able to pay for your medical bills and a few other expenses, but you must make a claim within 30 days of the accident. If the driver doesn't have insurance, you will have to make a claim with MVAIC. Also, save all the papers you receive from the hospital and get a copy of the police report if you have not done so already.
Any medical bills should be paid for by No-Fault insurance, so you'd be covered for medical bills. I highly recommend that you speak with an experienced personal injury lawyer as soon as possible to ensure that your bills are paid, as well as making sure that any papers which require timely filing as promptly filed.
You should certainly have a local personal injury lawyer investigate. Avvo has a terrific "find a lawyer" tool to locate a local lawyer. Good luck.