Getting Legal Help After a
Bike or Pedestrian Crash

Don’t delay

Bicyclists and pedestrians need to know their legal rights and options after a car-bike/ped crash. Unfortunately, in New York, no public agency currently takes responsibility for what happens to crash victims. And there is virtually no official guidance published.

Thus it’s up to you to inform yourself of your legal rights and to aggressively assert them. Familiarize yourself with insurance industry procedures. This site offers information as well as links to other sources. (See also Insurance for Pedestrians & Cyclists.)

It is also advisable to ask a family member or close friend to act as your advocate, to help you obtain medical, legal and other assistance while you recuperate.

If you are seriously injured, consider engaging a personal injury attorney who specializes in traffic injuries—and do it quickly. (Read more at the bottom of this page.)

Don’t publicly post any detailed information about your crash, on Facebook, message boards, or anywhere else. You never know when and where this information will resurface, or how it may be used against you. Protect your legal rights as well as your privacy.

“Do I have to hire a lawyer?”

Attorney not required for No-Fault claim

You do not have to hire an attorney to get your medical bills paid through No-Fault or to resolve a property damage claim. Whether or not you hire an attorney, though, you should inform yourself about your legal rights and the claims process.

If you believe that you suffered an injury beyond just bumps and bruises, it’s recommended that you at least consult with an attorney BEFORE speaking with an insurance carrier. Insurance companies will say that you don’t need a lawyer to settle your claim; their motivation in offering this helpful advice is perhaps obvious enough.

Some attorneys occasionally give advice on filing No-Fault medical claims without charging, as a public service. But keep in mind that it is a time-consuming process, and costly for them to do so. Also, some lawyers may offer guidance in filing your No-Fault medical claim for a flat fee or hourly rate.

Very important

If you file an insurance claim and the insurer sends a settlement package with a release form, make sure you understand and agree with what you’re being asked to sign. For instance, if you made a property claim, and the insurer includes a liability waiver for personal injury in your package, that is a separate legal matter! If in doubt, ask an attorney to look it over before you sign. (See How to File an Insurance Claim.)

Some insurance companies are easier to deal with than others, and certain crashes are easier to resolve than others. Generally, property damage claims are the easiest to resolve. A crumpled fender can be estimated by a mechanic, priced against comparable repairs, and fixed in a few days.

Attorney may be desirable for a personal injury claim

A personal injury claim can be a highly complicated and expensive matter for both crash victim and insurer. If you are physically injured by a car, your full recuperation could take months or longer. You may need continued medical or other care. You may lose income and have to deal with bill collectors.

Personal injury claims are among the most potentially expensive for the insurer. This increases their incentive to settle claims early and cheaply.(In contrast, the No-Fault medical claim has a relatively low payment maximum.)

For all insurers, the uncertainty of these claims (and lawsuits) messes with their accounting predictions, which are basic to their business. Some less scrupulous insurers try to profit from extensively delaying and denying claims. In a better world, all insurers might focus on reducing the volume and intensity of car crashes as the surest way to cut claims expenses. But the industry often portrays No-Fault claims as rife with fraud.

Don’t let tough talk intimidate you or keep you from asserting your legal rights. State insurance law intends for crash victims to be reimbursed for their medical costs under No-Fault, up to the mandatory coverage limits (NYS VTL Article 6, Section 310(2)). It also intends for No-Fault claims to be resolved quickly. Medical claims submitted with proof are to be paid within 30 days (NYSIL 5106(a)).

Seeking legal help after a car-bike/ped crash

If you’re going to hire an attorney, it’s best to do so immediately after the crash.

Most personal injury lawyers will advise on a claim’s prospects as a liability suit free of charge. If they think a case has a good chance of succeeding, they’ll take it on “contingency,” meaning they get a portion of any settlement. You will probably have to pay for certain expenses regardless. (Note: An attorney hired on contingency for a liability suit should not charge you separately for assisting with the No-Fault medical claim.)

Choosing the right attorney is critical. You will be signing a binding business contract, and should understand what you’re agreeing to and what you have a right to expect. You should feel comfortable with the attorney, and negotiate any issues before signing on.

Don’t hire an attorney who contacts you. Lawyers are prohibited from soliciting personal injury clients. And it’s a misdemeanor for another person (known as a “runner”) to refer you to an attorney or doctor with whom they’re affiliated.

Be skeptical of overly optimistic promises. The attorney should warn you of the downsides of legal action—including the toll on your time, wallet, and emotions, and the prospect that you may not win—and explain your options in the worst-case scenario. If they’re unwilling to do so, they may also be unwilling to stick by you should things become difficult.

Keep a trusted name on your cell phone. Like carrying an umbrella, if you always have this number with you, you probably won’t ever need it.

Resources

A helpful step-by-step guide to choosing an attorney is available from Mothers Against Drunk Driving (MADD).

The New York City Bar Association Legal Referral Service can help you find an attorney with experience in your type of case, free of charge. Your first half-hour visit will cost $35 and there is no obligation to hire that attorney. The city’s 311 line also sends callers to this service.

Advocacy group Transportation Alternatives provides other links here.

TA-affiliated Families for Safe Streets provides guidance, support and advocacy for crash victims and their families.
English guide;
Espanol—Guia de Recursos;

如果您在車禍中失去親人，或有親人嚴重受傷
本指南可以幫助您。

Asking your friends to recommend a lawyer they have worked with can sometimes be effective. But don’t just take their word for it. Check out the attorney’s credentials, ask questions, and make sure you are comfortable entering into a business relationship with them.

You want an attorney with experience in your type of crash, who will be forthright with you and give your case the attention it needs.