Bicyclist Hit by a Rental Car Raises Issues about New York No-Fault Insurance and the Ability to Sue for Damages June 25, 2010

I received a call yesterday from a woman calling about a bicyclist who had been hit by a car.  Here are the facts that she presented and her questions

The man rode his bicycle in Brooklyn. A car hit him, knocked him out and broke his leg, left him with other assorted bruises and abrasions and wrecked his bicycle. The bicyclist does not remember the accident. The car that hit him was a rental from Avis driven by an out-of-state driver. A representative from Avis had called and claimed that the bicyclist had ridden through a red light and that’s what caused the accident.

The woman wanted to know if New York’s No-Fault Insurance would cover the bicyclist’s injuries. She also wanted to know if he could sue for additional damages.

I am glad that the woman called on behalf of the bicyclist because, if in doubt, the best thing to do is to consult with a New York personal injury attorney. Most personal injury attorneys, including me, offer a free consultation and we do our best to advise potential clients about their options. It was also important that the bicyclist was receiving the necessary medical attention.

New York’s No-Fault Insurance and Bicycle Riders

New York’s No-Fault Insurance will cover the bicyclist’s medical expenses. As the name implies, No-Fault Insurance does not care who is at fault. It is designed to provide benefits quickly. (You can read about No Fault here, and an article about No Fault in pedestrian accidents here, and in car accidents here.)

The driver of the car lived out-of-state, but he drove a rental car that he obtained from Avis in New York. The insurance will be attached to the car and since the car is based in New York, the car’s insurance will include New York No-Fault coverage. 

The first step to receiving coverage is to identify the driver’s insurance company. In this case, the bicyclist can contact Avis to learn the name of their insurance company. The caller had a copy of the police report from the incident. The police report will have an Insurance Company Code for the driver of the vehicle that hit you. You can look up that code and find the contact information for each insurance company at the Department of Motor Vehicles website. For example, Geico has code number 639 and State Farm has code number 328.

In this case, Avis may be self-insured and provide No-Fault benefits directly.

Once you find the name and contact information for the insurance company, you can call the contact, tell the company about the accident and request that the insurance company send you a No-Fault application (Form NF-2).  You can download the form from the New York Department of Motor Vehicle website, but most insurance companies will immediately send the form and they will usually have an insurance company representative contact you.

If the company fails to send you a form, you should send them a letter stating that you were hurt in an accident by a car driven by one of their customers. Include a copy of the police report in the letter. You should send the letter via certified mail to the contact address listed with the Department of Motor Vehicles. Sending the letter will protect your rights under No-Fault and will inspire the most intractable insurance company to respond.

You only have 30 days to file a claim, so please do not procrastinate; notify the driver’s insurance company right away.

New York No-Fault will cover the bicyclist’s medical expenses. Most policies cover up to the first $50,000 in medical expenses.

You need only complete the form to receive No-Fault coverage. You do not need to discuss the case with the insurance company representative. If you do discuss the incident, the insurance company may use your words against you.

The Injured Bicycle Rider: Does He Have a Case for Pain and Suffering?

Even in cases involving bicycle riders and pedestrians. New York’s No-Fault Law requires that a victim suffer a serious injury if the victim is to sue for damages. (Click here to read an article about the definition of a serious injury). In this case, losing consciousness and the broken leg will qualify as a serious injury. Was the driver of the rental car liable for the bicyclist’s injuries?

The bicycle rider does not remember what happened and the representative for Avis blamed the bicycle rider. Despite the insurance company representative’s self-interested assertion, we do not know who was at fault or if both the driver and the bicyclist were at fault. The best way to answer the question of liability is to contact an experienced New York personal injury attorney who can investigate the case. Even if the bicycle rider bears some of the responsibility for the action, the driver could still be held liable for the bicyclist’s injuries. (You can read here about New York’s comparative liability law).

Only after conducting an investigation about the cause of the accident can an attorney determine liability and advise the client if he has a viable case.

I hope you found this information helpful. I have a special interest in bicycle cases since I often ride myself and I was once hurt in an accident when a driver hit me and rendered me unconscious. I was wearing a helmet and the helmet may have saved my life. If you ride a bicycle, I hope you wear your helmet.

 If you or a loved one has been hurt in a bicycle accident, you may want to consult a New York personal injury attorney. I would be glad to answer your questions and assist you. You can call me at 1-800-660-1466 or email me. You can also visit my website or read more on my blog, New York Law Thoughts.  

Carol L. Schlitt
New York Personal Injury Attorney
www.SchlittLaw.com
1-800-660-1466
Carol@SchlittLaw.com

This material is intended for informational uses only. It is not meant as legal advice. To receive legal advice, you should consult an attorney.