A car accident can potentially cause one or more victims to suffer severe injuries. These injuries can lead to permanent disability or death. In less dramatic cases, an injury can keep the victim from working for a prolonged period and require him or her to undergo extensive medical treatment.
If you drive or ride a bicycle in Brooklyn, know the laws that apply to your case and how personal injury claims work. You could find yourself facing financial expenses after an accident and considering filing a personal injury claim to seek compensation for them.
How are the Laws Different for Bicyclists and Motorists?
In New York, drivers are required to carry Personal Injury Protection (PIP) coverage with their automobile insurance policies. This coverage provides compensation for the driver’s medical bills accrued in an accident as well as any bills accrued by a bicyclist or pedestrian injured in a collision with the insured driver.
Bicyclists are not required to carry insurance. When a bicyclist is injured in a collision, he or she has to file a claim with the driver’s automobile insurance provider. To remain eligible for this compensation, the bicyclist must first file a No Fault application with the provider shortly after the accident. This type of claim does not require the bicyclist to prove the driver’s fault for the accident. If the bicyclist chooses instead to file a personal injury claim, he or she must demonstrate the driver’s fault.
How is Seeking Compensation for Damages Different for Bicyclists and Motorists?
When two motor vehicles collide, both drivers can seek compensation from their own PIP policies. When a motorist and a bicyclist are involved in a collision, the bicyclist must seek compensation from the driver’s PIP insurance. Bicyclists who are injured in collisions with vehicles are thus in a more precarious position than drivers. If a bicyclist is injured in a collision with an uninsured motorist, he or she can seek compensation through his or her own uninsured/underinsured motorist coverage.
Work with an Experienced Brooklyn Car Accident Attorney
A bicycle accident can put you into a difficult financial position. If you have been involved in a collision with a car or a bicyclist, whether you were operating either type of vehicle when the collision occurred, you can potentially recover compensation for your resulting damages through a car accident claim. To learn more, contact an experienced auto accident lawyer at The Law Office of Jeffrey K. Kestenbaum at 718-237-5586 today to set up your initial consultation in our Brooklyn office.