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.
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.
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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.
I agree. You should speak to a personal injury lawyer asap.
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You should not be using your parents health insurance. You need to get the accident report which should have the insurance information for the car that struck you. The car insurance will pay the medical bills under the "no fault" coverage. You must promptly make a claim. If you submit the bills to private insurance they will disclaim coverage and by the time you get notified of that, the time to make a claim against the no fault coverage will have expired and you will be left with the bill. You need to be your own advocate. Once you get a claim number from the insurance company, you should contact the billing department at the hospital as well as any other medical providers you have treated with and give them the information. If for some reason the driver was not insured, you are entitle to make a no fault claim against your own car insurance, if either you or a member of your household owns a car. If you have a fracture, you have a good case and you should retain a personal injury attorney immediately.
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I also agree with everyone on this site. Speak to an attorney who handles personal injury cases as soon as you are up to it.
The drivers insurance company is responsible for paying your medical bills and the property damage. But you have to submit a no fault application within thirty days of the accident. Also if you are still in pain you may want to follow up with a specialist. Hospitals are notorious for missing injuries. Depending on the severity of the injury you may also be entitled to money for pain and suffering
Yes you need an attorney.
NY's No Fault Insurance will cover the first $50k of your medical bills. With respect to a lawsuit against the driver, you most likely have a case, as long as you can overcome the serious injury threshold under the NY Insurance Law.
Speak to an experienced personal injury lawyer as soon as you can, and make sure you are seeking all of the necessary treatment for your injuries.
Make sure you speak to an attorney who has avid experience in new York personal injury cases and keep in mind you have thirty days to file your no fault application and three years to bring the suit
You at least need a consultation. If you don't have a fracture, then, from what you describe, it is unlikely that you have any of the other injuries that would qualify as a "serious injury" as that term is defined by law (though it really is too soon to tell) Meanwhile: you are entitle dto no-fault coverage from the driver. File a claim immediately, that will cover your medical expenses and time out of work.
Having an attorney assist you with an injury claim is always a good idea. In this circumstance, the insurance company for the car that struck you is responsible to pay all of your medical bills related to the accident. Also, the witness should be contacted immediately for a statement as to what they saw happen.
Your bike may be covered under the property damage portion of the other driver’s insurance as well. Please secure an estimate for repair of the bicycle. If it is not repairable, then documentation of the fair market value is needed.
You did everything right so far as documenting the accident and the vehicle involved. You should follow up by consulting an attorney who will help with a formal claim on your behalf to secure the benefits you are concerned about
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