The Bicyclist's Accident Survival Guide: Risk and Insurance in New York City

By: Guillermo Gleizer, Esq.

By and large, bikers in NYC streets do not have accident insurance. Cars, vans, trucks and, last but certainly not least, taxicabs, present a major accident risk for bikers. There is a certain symmetry: Motor vehicles are the problem and also the source of the solution (maybe, at least partially).

By law, motorists in New York must carry no-fault and minimum liability insurance. Thus, it is most likely that a biker involved in an accident, even if he does not know it, has at least "medical coverage" to treat his injuries. And it does not matter whose "fault" it was. Moreover, the motorist carries insurance to compensate the biker's pain and suffering, loss of earnings and other damages in a minimum amount known as "25/50/100." [Most likely, a good part of the loss of earnings may be covered regardless of fault and whether the biker is employed "on or off the books." There is a significant difference among past, current and future loss of earnings which is not discussed here.]

"25/50/100" means that the motorist's insurance company will cover up to $25,000 of the motorist's liability for each victim of the accident; up to $50,000 per accident; and, if there is a death involved, up to $100,000 of the motorist's liability. These are the minimum legal amounts. Many companies have their vans, trucks and cars insured for higher amounts.

In a typical incident, a taxicab double-parks to discharge a passenger. The passenger opens the door without looking. The biker gets hurt when he falls off as the front wheel comes into sudden contact with the open door. Not uncommon are injuries to the lower back, the neck and surrounding area, knees and even fingers. Other well-known scenarios include vans and trucks whose drivers take off at red lights without looking out for bikers or other same-direction traffic; Taxis and gypsy cabs drivers who turn suddenly from the center lane to the curb to pick up a passenger; Careless drivers who make a left turn from the center (or even right) lane, not even turning on the left-turn signal.

Because "medical coverage" is regardless of fault, and because the law requires it, the biker (and everybody else) should make sure that the police are summoned and a report of the accident is made. Of course, EMS should also be called if there is anybody injured. Should the biker not feel well, he should have himself checked at a hospital's Emergency Room. Remember: even if at the beginning it feels like a "little thing", many internal injuries take hours or days to develop serious symptoms. The knee is a delicate, intricate organism. Even apparently minor injuries can produce serious impairment in a short time if not cared for properly.

The one thing the biker should not worry about is hospital bills. "No-Fault" will pay. Even if the motorist is not insured, MVAIC (a New York State organization) should take care of the medical expenses, at the very least. If the biker does not know how to go about making the claim, any lawyer with a substantial personal injury practice (especially if he has a biker's following) will be able to help him obtain the proper forms and fill them out.

For messengers and other working cyclists, losing time because of the accident means losing their livelihood. In some cases, they will continue working even when they are in excruciating pain. This is counterproductive and should not be done. Continued physical activity will worsen the injury in many cases (making him incapable of working in the near future). Further, in many cases, the biker will be able to collect no-fault loss of earnings, disability insurance or workers' comp within a few weeks if he makes the claim promptly and properly.

Navigating through the paperwork maze after an accident may not be a priority in an injured biker's mind. Yet, it should be done to have the most financial resources available to help in the recovery. A lawyer with experience in these matters can be of great help and will not charge upfront. Normally, this lawyer will take care of all the paperwork, make sure that medical attention is paid for by the appropriate insurance mechanism and help obtain monetary compensation for the biker's pain and suffering and bodily injury.

Guillermo Gleizer, Esq., ex-instructor of law at NYU and UConn, maintains law offices in Manhattan and Queens. He has years of experience in personal injury involving bikers.

Read more legal advice articles for cyclists.