Not enough description of accident to determine fault - an attorney need to review the police report; interview any witnesses; photograph the evidence etc. Consult a local personal injury attorney ASAP - most offer free consultations. You can locate one on AVVO under the heading "Find a Lawyer" Hope you feel better soon
This is not intended to be legal advise or as legal representation. I am a California personal injury attorney . Be aware that every state has its own statute of limitations; and statutes & case laws that govern the handling of these matters.
I'm sorry about your accident but glad that you don't seem to have any major injuries. It sounds as though the other driver is at fault and their car insurance should pay for your hospital bills and for your bike. You should contact a lawyer right away, perhaps one that answers this question, to discuss specific compensation you may be entitled to. You can get a copy of the accident report from the police. Hopefully you have the driver's contact information too.
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If you were hit from behind, the driver of the vehicle should be responsible for the accident, repairs to your bike and any damages you suffered. You are entitled to No Fault benefits, regardless of who is at fault, to cover the hospital bills, medical treatment, any lost time from work up to a cap, and incidental expenses. You may also be able to recover for pain and suffering and other damages provided you have a "serious injury" as defined by the insurance law. You would be wise to consult with an attorney to, at the very least, protect your rights and to make sure that you obtain the benefits to which you are entitled. With respect to the police report, you should be able to pick up a copy at the precinct in which the accident occurred.
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Hope you are ok. Your medic as bills will be covered by the insurance company that insured the offending vehicle. Seek medical attention right away. Also, I suggest that you hire a lawyer to represent you when dealing with this situation and help you recover a monetary award for your injuries..
You need to go to the police precinct where the incident occurred and get a copy of the police report. The report will have the name, contact info and insurance company code for the driver. The costs of your medical care and your lost wages or other economic loss sustained as a result of your injury will be paid by the car's insurance under its no fault coverage. As to who is reponsible?... Good question. I cant tell from your fact pattern but if the car was coming behind you and hit you in the rear then you may have a viable claim for negligence against the driver. The problem you might have is that without a fracture, your injury may not meet the threshold definition of "serious injury" which is required under New York law to bring a negligence claim in an auto accident. My advice would be to obtain the accident report and your most updated medical information and contact a local personal injury attorney for a consultation.
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David B. Snyder, Esq.
6876 Buckley Road
Syracuse, NY 13212
Mr. Snyder is licensed to practice in New York where he practices personal injury work in Syracuse; he cannot offer legal advice in other states. This answer is meant to be a public service and not an attempt to solicit business. Moreover, my answer cannot be considered a legal opinion of your case / inquiry. Unless I am retained in a matter and have completed a full investigation of the underlying facts and law, I cannot give an opinion on which to rely. Furthermore, unless your matter concerns New York law, I am not licensed to practice or give specific legal advice in your state.
Contact a local personal injury lawyer. You can get copy of the police report from the police precinct covering the area where you were injured. The car's insurance should cover you ,medical bilks and lost wages.
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