Do I Need an Attorney for Being Hit by a Car While Biking?

Question:

I was in the bike lane, The driver was making a right on green. I got hit and flew over the handlebars and landed on my hands. I was bleeding and have minor nicks 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.

Answer:

If this bicycle accident with a motor vehicle occurred in New York, then the No-Fault Law would apply.  The insurance company for the motor vehicle is the No-Fault carrier and would provide No-Fault benefits to anyone injured in the accident.  No-Fault benefits involve payment for medical bills regarding treatment for any injuries sustained in the accident as well as loss of wages provided the necessary documentation is provided to the insurance company to prove the person is disabled and out of work.  No-Fault benefits are available regardless of who was at fault for the happening of the accident.  One does not necessarily need an attorney to make a No-Fault claim, but when a person also wishes to make a claim for serious personal injuries against the at fault driver it is best to have an attorney handle both the No-Fault claim and the claim for serious personal injuries.  In New York, a claim for No-Fault benefits is supposed to be filed with the applicable insurance company within 30 days after the accident.   In New York, you should not use your own private health insurance if there is applicable insurance (such as No-Fault) for the motor vehicle involved in the accident.  So in New York your med bills would be covered under No-Fault.   In order to potentially receive compensation for your personal injuries and the damage to the bicycle, you would need to commence a claim against the owner and operator of the motor vehicle and this can be done using an attorney or pursued personally, but I recommend using an attorney so all will be done correctly and efficiently.

This legal question was provided by Avvo and answered by Jules Messinger an experienced Brooklyn Personal Injury Lawyer. This does not consent an attorney client relationship.