Getting hit by a car while riding a bike triggers a mix of rules that don’t apply the same way to a typical car accident case.
Cyclists get no-fault insurance benefits, but they’re also held to the same injury threshold as drivers. Insurance coverage can depend on whether you own a car yourself.
And a fast-growing share of New York City crashes now involve e-bikes rather than cars, which changes the legal picture entirely.
A lawyer who treats a bike accident like a generic personal injury case can miss real money you’re entitled to.
Prior results do not guarantee a similar outcome.
What Traffic Laws Actually Establish Fault in a Bicycle Accident?
Two statutes do most of the work in a New York bicycle negligence case. Vehicle and Traffic Law Section 1231 grants a cyclist riding on a roadway the same rights, and holds them to the same duties, as the driver of a vehicle. Vehicle and Traffic Law Section 1146, sometimes called Hayley and Diego’s Law, separately requires every driver to exercise due care to avoid colliding with a bicyclist or pedestrian, and makes it a traffic infraction for a driver to cause injury by failing to do so.
A citation or conviction under this section, even a modest one, can become useful supporting evidence in your civil case.
One nuance worth knowing if your accident happened in New York City: the statewide rule on where cyclists must ride, Vehicle and Traffic Law Section 1234, does not apply within the five boroughs. It’s superseded there by New York City’s own traffic rules, which generally require riding in a usable bike lane when one is available, but don’t require a cyclist to use a lane that’s blocked, damaged, or unsafe.
Insurers sometimes argue a cyclist was automatically at fault for riding outside a bike lane or away from the curb.
That argument is often weaker than it sounds, since both the state and city rules build in exceptions for hazards, turns, and unsafe conditions, and a lawyer familiar with these statutes should push back on it rather than accept it at face value.
What Makes New York Bicycle Accident Claims Different From a Car Accident Case?
If a car, truck, or bus hits you while you’re cycling, you’re generally entitled to no-fault insurance benefits from that vehicle’s policy, the same $50,000 in combined medical and lost wage coverage a driver would receive, regardless of who caused the crash. You generally need to file that claim within 30 days, and your medical providers need to submit bills within 45 days.
Here’s what surprises a lot of injured cyclists: you’re still subject to New York’s “serious injury” threshold under Insurance Law Section 5102(d) if you want to sue the driver for pain and suffering beyond your no-fault benefits. Some online guides suggest cyclists get an automatic pass on this requirement. They don’t. Motorcyclists are excluded from the no-fault system entirely, but bicyclists are treated the same as any other person struck by a motor vehicle for threshold purposes.
Does New York Law Protect You If You Weren’t Wearing a Helmet?
This comes up constantly, and the answer is more favorable to cyclists than most people assume. New York’s helmet law, Vehicle and Traffic Law Section 1238, only requires riders under 14 to wear a helmet. There is no statewide adult helmet requirement.
Even more importantly, the statute itself says that failing to comply with it “shall not constitute contributory negligence or assumption of risk,” and cannot be used to bar, reduce, or diminish the damages recoverable in a personal injury case. In plain terms, even for a child under 14 who wasn’t wearing a required helmet, that fact generally cannot be used by an insurance company to argue the family should recover less. A lawyer who isn’t aware of this protection may fail to push back when an insurer tries to raise it anyway, which happens more often than it should.
What Is Dooring, and Who Is Liable When It Happens?
Dooring, when someone inside a parked car opens a door into a cyclist’s path, is one of the most common causes of bike injuries in New York City’s denser neighborhoods. Under Vehicle and Traffic Law Section 1214, it’s illegal to open a vehicle door into moving traffic unless it can be done safely, and a violation of this statute is generally treated as evidence of negligence in a civil case.
Both the person who opened the door and, in many cases, the vehicle’s owner can be held responsible. Dooring crashes are also the ones most likely to involve a driver or passenger who simply drives off, which is why acting quickly to get a license plate, photos, and witness information matters so much in these specific cases.
What Happens if the Driver Who Hit You Fled or Had No Insurance?
If you own a car yourself, your own policy’s uninsured/underinsured motorist (UM/SUM) coverage generally protects you while cycling too, not just while driving, and can fill the gap if the at-fault driver had little or no insurance.
If you don’t own a car and no one in your household does either, you may be able to file a claim through the Motor Vehicle Accident Indemnification Corporation (MVAIC), a fund created specifically for situations where no auto insurance is available to cover the injured person.
MVAIC has strict timing rules: the accident generally needs to be reported to police within 24 hours, and a formal notice of intention to file a claim is generally due within 90 days for a hit-and-run or 180 days if the vehicle was simply uninsured.
Missing these windows can jeopardize your ability to recover at all, which is exactly the kind of deadline a lawyer should be flagging in your first conversation, not months later.
What About Accidents Involving E-Bikes or Delivery Cyclists?
New York City’s e-bike and delivery cycling boom has created a real gap that many injured people don’t see coming. Electric bicycles are specifically excluded from the definition of “motor vehicle” under Article 51 of the Insurance Law, the same law that creates the no-fault system.
That means if you’re hit by an e-bike rather than a car, truck, or bus, you generally don’t have access to no-fault PIP benefits the way you would if a car had hit you, since there’s no auto insurance policy backing the e-bike.
That doesn’t mean you have no case. It means your claim will likely proceed as an ordinary negligence case against the e-bike rider or, depending on the facts, their employer, rather than through the no-fault insurance system.
What Should You Look for in a Bicycle Accident Lawyer?
Look for a lawyer who routinely handles bicycle cases, not just car accident claims generally. The insurance issues alone (no-fault eligibility, UM/SUM coverage, and MVAIC claims) require specific familiarity that a generalist may not have.
Ask how quickly the attorney moves to preserve evidence, especially in hit-and-run or dooring cases where the responsible vehicle may never be seen again unless a plate number, photo, or nearby camera footage is captured immediately.
A lawyer should also be comfortable explaining, in plain terms, whether your case will proceed through the no-fault system, a direct lawsuit, an MVAIC claim, or some combination, since bicycle cases frequently involve more than one of these paths at once.
Finally, look for a firm that’s transparent about how contingency fees work. At Porter Law Group, you pay nothing unless we win your case.
What Questions Should You Ask During a Consultation?
| Question | Why It Matters |
|---|---|
| Am I eligible for no-fault benefits, and have you filed that claim yet? | The 30-day filing deadline runs quickly and is separate from your lawsuit deadline |
| Does my case need to meet the serious injury threshold? | This determines whether you can recover pain and suffering beyond no-fault benefits |
| What if the driver fled the scene or had no insurance? | UM/SUM coverage or an MVAIC claim may still be available, but both have strict deadlines |
| Was the vehicle that hit me a car or an e-bike? | This changes whether no-fault insurance applies to your case at all |
| Have you handled dooring cases under Vehicle and Traffic Law 1214? | This statute can establish negligence and is specific to how these crashes happen |
| Is the insurer arguing I was at fault for not being in a bike lane? | Both state and NYC rules have exceptions for unsafe conditions, and this defense is often overstated |
| How do contingency fees and case costs work? | You should understand exactly what you owe and when, before you sign anything |
What Red Flags Should You Watch for When Hiring a Lawyer?
A few warning signs tend to separate firms that understand New York bicycle law from those that treat every crash the same.
- Suggesting your case is weaker because you weren’t wearing a helmet, when New York law generally prohibits that argument from reducing your damages
- Accepting an insurer’s claim that you were automatically at fault for not riding in a bike lane, without checking whether an exception applied
- No mention of MVAIC or UM/SUM coverage when the driver fled or had no insurance
- Not asking whether the vehicle involved was a car or an e-bike
- Missing the 30-day no-fault filing deadline or the short MVAIC notice windows
- Pressure to sign representation paperwork before you’ve had a chance to ask questions
What Are the Key Deadlines in a New York Bicycle Accident Case?
| Situation | Deadline | Rule |
|---|---|---|
| No-fault claim after being struck by a car, truck, or bus | 30 days to file; medical bills within 45 days | Insurance Law Article 51 |
| Lawsuit against a private driver | 3 years from the date of the crash | CPLR 214 |
| MVAIC claim, hit-and-run driver | Police report within 24 hours; notice of intention within 90 days | MVAIC guidelines |
| MVAIC claim, uninsured driver who did not flee | Notice of intention within 180 days | MVAIC guidelines |
| Claim against a municipal vehicle | Notice of claim within 90 days | General Municipal Law 50-e |
Summing It Up
Choosing the right bicycle accident lawyer in New York means finding someone who knows that these cases run on their own set of rules, from no-fault eligibility and the serious injury threshold to MVAIC deadlines and the e-bike insurance gap. A lawyer unfamiliar with these specifics can miss deadlines or leave real compensation on the table.
Porter Law Group has built its reputation on trial-tested representation for injured New Yorkers, and our attorneys work on a contingency fee basis, meaning you pay nothing unless we win.
If you or a loved one has been hurt in a bicycle accident, reach out to discuss what happened and what your legal options look like.
Call 833-PORTER9 or email info@porterlawteam.com to schedule a free consultation.
Prior results do not guarantee a similar outcome.
Frequently Asked Questions
Do I have to meet the serious injury threshold to sue after a bicycle accident?
Generally, yes, if you were hit by a car, truck, or bus. Under Insurance Law Section 5102(d), cyclists are treated the same as drivers for threshold purposes, unlike motorcyclists, who are excluded from the no-fault system entirely.
Can not wearing a helmet hurt my case?
Generally, no. New York’s helmet law only applies to riders under 14, and Vehicle and Traffic Law Section 1238 specifically states that failing to comply with it cannot be used to bar or reduce damages in a personal injury claim.
What if the driver who hit me drove away?
You may be able to pursue a claim through the Motor Vehicle Accident Indemnification Corporation if you don’t have your own uninsured motorist coverage. Report the accident to police within 24 hours and be aware that MVAIC’s notice deadlines are strict.
Am I covered by no-fault insurance if an e-bike hits me instead of a car?
Not automatically. Electric bicycles are excluded from the definition of “motor vehicle” under Article 51 of the Insurance Law, so a crash involving only an e-bike generally falls outside the no-fault system and proceeds as an ordinary negligence claim instead.
How much does a bicycle accident lawyer cost in New York?
Most plaintiff-side personal injury attorneys, including Porter Law Group, work on a contingency fee basis. You pay nothing upfront, and there is no fee unless the firm recovers compensation on your behalf.
This article is for informational purposes only and does not constitute legal advice. Attorney advertising. Prior results do not guarantee similar outcomes.
