Your Rights and Claim Options After a Bicycle Accident in New York City

If you were injured in a bike crash, you have the right to file a bicycle accident claim in NYC and pursue compensation for your medical bills, property damage, and emotional distress. While New York’s no-fault insurance system allows you to recover immediate benefits through your insurer, there are legal deadlines to follow and different case circumstances to consider. Situations with serious damage might also qualify for a personal injury lawsuit.

These rights matter more than ever. In 2024, more than 5,000 cyclists were injured in bicycle accidents across New York City, with Brooklyn, Manhattan, and Queens seeing the highest injury rates. Plus, filing a claim is also about justice — you can hold responsible parties accountable. In this guide, our team explains the steps you need to take and the factors to consider.

Immediate Steps After a Bicycle Accident in NYC

It’s okay to feel confused or overwhelmed if you were hit while riding a bike. However, it’s important to stay composed and take the right steps. Here’s what you need to do after a bike collision in the city:

1. Ensure Safety and Seek Medical Attention

Move away from incoming traffic and make yourself visible to prevent any further accidents. If you are seriously injured, call 911 and request an ambulance and a police dispatch.

If you don’t seem to have any severe traumas, it’s still important to see a doctor, so go to urgent care or an emergency room anyway. Adrenaline may mask your pain, and some injuries might not be obvious. Plus, this will create a paper trail linking your injuries to the accident.

2. Report the Accident to the Police and Get the Report Number

If you are not badly injured, you may call the NYPD non-emergency line at 311 to report the crash and request officers to the scene. The officers will create a police report, which you will later need for your claim. It’s an official report that contains the driver’s information, witness details, and the officers’ observations. Ask the police for the report number as well as the names and badge numbers of the officers who arrived at the scene.

You or your lawyer can request the full report to add to your case. There are two ways to do that:

• Submit a request to the precinct of occurrence by email or in person.
• Use the Collision Report Retrieval Portal.

Note that if it’s more than 30 days after the accident, you will need to contact the New York State Department of Motor Vehicles to obtain the report.

3. Gather Evidence at the Scene

Take photos and videos of any detail at the scene, including:

• Crash location
• Vehicle, bike, gear/clothing damage
• Visible injuries
• Skid marks
• Traffic signals/signs
• Road conditions
• Nearby businesses that might have surveillance cameras.

Talk to the other party, but don’t apologize or dismiss your injuries. Ask them for their name, insurance company, policy number, and contact details. Write down their license plate number. If there are witnesses, ask for their contact information, too.

Evidence can disappear quickly. Traffic resumes, witnesses leave, so you need to act fast.

Prioritize your health and safety. If you need to go to the ER, don’t linger at the scene. Ask someone else to document what they can, and make sure to obtain the police report and medical records later.

4. Do NOT Give Recorded Statements Yet

The at-fault driver’s insurance company can contact you quickly and start asking questions. They are trained to minimize payouts, so even simple statements like “I feel fine” can be used to reduce or deny your claim later. You need to consult a lawyer first to understand the full picture and know what to say.

For more information, check out our guide to the steps to take after a bicycle accident in NYC.

How New York Bicycle Accident Laws Impact Your Right to Compensation

What you can obtain after a bike crash is determined by cycling laws in New York and the insurance policies that apply in your case. To avoid costly mistakes, you should understand NY-specific regulations that can influence a bicycle accident claim.

NY’s No-Fault Insurance System

New York operates under a “no-fault” insurance system for car owners. Drivers must obtain basic insurance

coverage known as personal injury protection (PIP). It guarantees a minimum payout in case of an accident, no matter who was at fault. Riders are entitled to PIP benefits from any auto insurance in their household, whether it’s their own policy, a spouse’s, a parent’s, etc.

PIP coverage typically pays up to $50,000 for:

• Medical expenses and rehabilitation
• Lost wages (up to 80% of income)
• Transportation to medical appointments
• Other necessary expenses.

If you don’t have access to any household auto policy, the Motor Vehicle Accident Indemnification Corporation (MVAIC) may provide coverage. The at-fault driver might also have additional insurance that covers bodily injury to others.

If the accident involved another cyclist or other road user without auto insurance, this turns into a standard personal injury claim. A lawyer can help you explore all possible avenues for a fair bicycle accident settlement.

When You Can Sue Outside No-Fault

A no-fault policy might not reflect all of your losses if you were seriously injured. In this case, you can sue the at-fault party for costs that exceed the PIP limits and the non-economic damages you’ve suffered as a result of the crash. But what is the serious injury threshold in New York? According to Insurance Law § 5102(d), the following injuries are considered serious:

1. Fractures
2. Loss of a body organ or member
3. Permanent limitation of the use of a body function or system
4. Loss of a pregnancy
5. Significant disfigurement
6. Dismemberment
7. Injury preventing substantially all daily activities for 90+ days within 180 days post-accident.

Under this system, minor scrapes or soft tissue injuries that heal within weeks generally won’t support a lawsuit for pain and suffering. However, a cyclist who suffers a broken collarbone or traumatic brain injury typically meets this threshold and can file a personal injury lawsuit.

Comparative Negligence: What If You Were Partly at Fault?

Even if you contributed to the accident in some way, you can still recover some damages under New York’s laws. The state follows a pure comparative negligence system, which means that your damages can be reduced by your percentage of fault, but you still have the right to recover them.

Some common scenarios with shared fault include ignoring a stop sign, failing to signal a turn, or riding under the influence, even though you can’t get a DUI on a bicycle in NY.

Here’s an example of how comparative negligence in a bicycle accident might look: If you are 20% at fault and your damages are $200,000, you can receive $160,000 in settlement. This system is clearly beneficial for personal injury victims. However, insurance companies will try to inflate your fault percentage to reduce payouts.

Deadlines for NYC Bicycle Accident Claims: Statute of Limitations and Insurance Requirements

Bike crash claims must be filed within specific deadlines:

• 30 days for a no-fault claim
• 90 days to file a Notice of Claim if a government vehicle was involved (MTA bus, sanitation truck, NYPD vehicle)
• 3 years to start a personal injury lawsuit under the NY statute of limitations for bicycle accidents.

Although exceptions may be possible (such as in cases of hospitalization or incapacity), missing these deadlines means losing your right to file. An attorney can help you avoid complications with insurance adjusters and ensure everything is submitted on time. Don’t wait — contact a New York bicycle accident lawyer as soon as you can.

How to File a Bicycle Accident Claim in New York City (Step-by-Step)

Injured cyclists often have to handle two processes at the same time: filing a no-fault bicycle accident insurance claim and building a personal injury case to recover additional damages. Here is a roadmap to help you understand the steps you need to take.

File Your No-Fault Claim (Within 30 Days)

First, file a claim with your own insurer or the insurance company of a household member. This must be done within 30 days of the accident; otherwise, you can lose your right to any PIP benefits. Uninsured cyclists can contact MVAIC to explore coverage options.

Your no-fault application requires:

• Accident date, time, and location
• Police report number (if available)
• Medical provider information
• Description of injuries.

The insurer will send you form NF-2 (no-fault application). Complete it accurately and submit all requested documentation promptly.

Gather Documentation for Your Claim

Whether the no-fault insurance covers all your damages or you need to file additional claims to obtain the full amount, gather this documentation to build a strong case:

• Reports from the police
• Medical records and bills
• Photos and videos of the accident scene, bike damage, and your injuries
• Witness contact information and statements
• Proof of lost wages (e.g., pay stubs or an employer’s letter)
• Receipts for out-of-pocket expenses.

The more thorough your documentation, the harder it is for insurers to dispute the severity of your injuries.

File a Third-Party Claim Against the At-Fault Driver

This claim seeks full compensation beyond what no-fault covers, including pain and suffering if you meet the serious injury threshold. If you couldn’t obtain the other party’s insurance information at the scene, you can identify it through the police report by looking up the company’s name or number on the Department of Financial Services website.

Contact their insurer to file a liability claim, providing:

• Details of the accident and how the driver caused it
• Your documented injuries and damages
• Evidence supporting your claim.

This bicycle accident claim can proceed simultaneously with your no-fault claim.

What to Expect After Filing

Insurance companies usually take their time to review the case. They can respond in two to three weeks and assign an adjuster to investigate your claim. Be prepared for requests for recorded statements, medical authorizations, or independent medical exams.

Adjusters are trained to minimize payouts. Consult a bike accident lawyer before providing recorded statements or signing releases.

Claims often take months to resolve, and initial offers are frequently far lower than your claim’s actual value. Don’t accept the first offer without careful review.

What Compensation Can You Recover in an NYC Bicycle Accident Claim?

Bicycle accident compensation in NYC typically covers two categories of damages: economic and non-economic. For a closer look at what cyclists in the city have recovered, see our breakdown of average bicycle accident settlements in NYC.

Economic Damages: Medical Bills, Lost Income, and Property

Economic damages cover concrete, calculable losses — expenses you can back up with receipts, invoices, and pay stubs:

• Ambulance, emergency room, imaging, surgery, and hospital bills
• Prescriptions, equipment, and out-of-pocket supplies
• Follow-up care, physical therapy, rehabilitation, and specialist visits
• Lost wages and reduced future earning ability, if applicable.

In bicycle property damage claims, you can also recover the cost of bike repair or replacement, plus damaged helmet, lights, lock, phone mount, clothing, and other gear. We recommend that you demand the replacement value of your bike, not a “depreciated” price. Unlike cars, bicycles don’t have a standardized valuation guide, so insurers often undervalue them. Be ready to present purchase receipts and current retail pricing for a comparable model.

Non-Economic Damages: Pain, Suffering, and Emotional Distress

Emotional distress, anxiety, sleep disruption, loss of enjoyment of activities you used to love, and pain and suffering in a bicycle accident don’t come with receipts. But that doesn’t make them any less real. These are non-economic damages, and you can recover them in a claim outside the no-fault coverage if you meet the serious injury threshold we discussed above.

These damages are typically calculated using a “multiplier” applied to economic damages. The actual amount comes down to negotiation and varies widely from case to case.

What Factors Affect Your Settlement Amount

Even among cases with similar injuries, bicycle accident settlements can be very different. These factors are key in determining the value of your claim:

• How severe your injuries are and whether they cause lasting complications
• How clear the fault is (and whether the other side disputes it)
• The quality of your documentation and medical support
• Insurance policy limits
• Your share of fault
• Whether you have a skilled negotiator handling the claim.

You can influence several of these aspects through thorough documentation and working with a knowledgeable bike crash lawyer.

When to Hire a Bicycle Accident Lawyer in NYC

Not every bike crash requires an attorney, and we’re not going to pretend otherwise. If the incident resulted in property damage only, if your injuries are minor with clear liability, or if the total claim is under $5,000, you may be able to handle it yourself. NYC’s Small Claims Court handles disputes up to $5,000 without requiring a lawyer. A motivated person can work through the process using this guide.

But certain situations benefit significantly from legal representation — both in outcome and in reducing your stress throughout the process. Consider hiring a lawyer if any of these apply:

• You suffered serious injuries — broken bones, surgery, traumatic brain injury, spinal damage, or anything with long-term effects
• Liability is disputed, and the driver or their insurer claims you caused the crash
• You received or could have received a bike ticket for a traffic violation around the time of the crash — insurers will use this to reduce the settlement
• The accident was a hit-and-run, and the driver hasn’t been identified
• The insurance company is denying your claim or insists on a low offer
• Multiple parties are involved — a taxi company, rideshare, MTA bus, or commercial vehicle
• A government vehicle caused the accident.

In such situations, the expertise of a specialized law firm like Bicycle Accident Lawyers Group can help you recover a lot more than the lawyer fees.

Common NYC Bicycle Accident Scenarios and Claim Considerations

Bike accidents in New York City don’t all look the same. The type of crash affects who’s liable, what evidence matters most, and how the claim unfolds.

Dooring Accidents in NYC

“Dooring” is when someone inside a parked car opens a door into a cyclist’s path and hits them. It’s extremely common in Manhattan and Brooklyn, where street parking lines nearly every block. The person who opened the door (driver or passenger) is typically at fault, and under New York law, the vehicle owner can also be held liable.

If you’re doored, act fast: the car may drive away. Get the plate number, take photos, and report the incident immediately.

Hit-and-Run Bicycle Accidents

When the driver flees, recovery is still possible. After a hit-and-run bicycle accident in New York, call 911 right away and provide any details you have — vehicle color, make, plate number, and direction of travel. Ask witnesses for descriptions and look for nearby cameras.

You can file a claim under your own supplementary uninsured/underinsured motorist (SUM) coverage if you or someone in your household has an auto policy. If no auto insurance is available, the MVAIC may provide coverage.

Accidents Involving Taxis, Rideshares, or Buses

Claims for taxis hitting cyclists in NYC usually involve multiple liable parties: the driver, the taxi medallion owner or rideshare company, and their respective insurers. Commercial vehicles generally carry higher insurance limits, which can mean larger recoveries for serious injuries.

If a city vehicle was involved, such as an MTA bus, sanitation truck, or city-owned car, you must follow stricter deadlines (90 days).

Bike Lane and E-Bike Accidents

Many dangerous intersections for cyclists in NYC lack proper infrastructure, and even those that do have cycling lanes may not be entirely safe. Being in a designated bike lane accident in New York mainly means a stronger claim since drivers have a clear duty to check for cyclists and yield before crossing or turning through a bike lane.

As for e-bike accident claims, they follow the same general process as a traditional bicycle claim. Under current electric bicycle regulations in New York, most e-bikes are treated similarly to standard bikes for insurance and liability purposes.

Conclusion

After a bike accident in New York City, you have real legal options, from PIP benefits to a personal injury lawsuit for serious injuries. However, there are specific deadlines, documentation requirements, and insurance negotiations. You need to act promptly.

If your case involves serious injuries, disputed fault, or complicated parties like rideshare companies or city vehicles, a bicycle accident attorney can protect your claim and push for what you’re owed. Contact our team for a free consultation to discuss your situation.

Posted by Robert Goldwater

Since his academic days at the UC Berkeley School of Law, Robert Goldwater has remained a committed advocate for victims of other people’s negligence. His tort law background, together with his unquenchable thirst for justice, helped young Robert found a now-successful law firm – Bicycle Accident Lawyers Group, gathering same-minded and promising attorneys from all over the country.

All articles by Robert Goldwater