Anderson, Moschetti & Taffany
Personal Injury Lawyers

Who pays for your hit-and-run bicycle accident injury?

| Aug 5, 2020 | Motor Vehicle Accidents |

You may have enjoyed riding your bike around Albany and the Capital District region for years without incident until a car sideswiped you recently and kept on going.

As a result of the hit-and-run accident, you took a bad fall, suffered a broken arm, and now face significant medical expenses. How are you going to pay those bills?

No-Fault background

The state of New York follows the “No-Fault” system with regard to automobile insurance and coverage for injuries caused as the result of vehicle accidents. If an insured driver hits you, his or her policy will cover your medical expenses no matter who was responsible for the car-bicycle collision. The No-Fault system aims to keep less significant claims out of the already over-crowded courts.

Serious injury makes a difference

The New York Insurance Law addresses the matter of serious injury. According to Article 51, this is a personal injury resulting in a fracture, disfigurement, loss of a fetus or permanent loss of use pertaining to “a body organ, member, function or system.” It includes non-permanent injuries that prevent the victim from performing “usual and customary daily activities” for at least 90 days during the 180 days that follow the event that caused the injury. Having a serious injury qualifies you to bring a case for pain and suffering to court.

Payment for hit-and-run injuries

You may not have an automobile insurance policy and your private health insurance does not cover an injury sustained as the result of a vehicle-bicycle crash. However, as long as you are a resident of New York you can apply for medical benefits under the Motor Vehicle Accident Indemnification Corporation. MVAIC provides coverage for injuries resulting from a hit-and-run incident, but you must report the incident to law enforcement within 24 hours.

Help is nearby

The effort of seeking compensation for an injury sustained in a hit-and-run accident that happened while you were cycling can be a complex undertaking. However, you can rely on the assistance of a compassionate advocate experienced with New York law. Phone our Anderson, Moschetti & Taffany legal team at 518-328-4486 or contact us online for a free case evaluation.