By Craig Small, Small Law Firm
We represent injured bicyclists in road crashes. The following is a common scenario:
Facts: Patricia was riding her bike when hit by a car driven by Daniel at the intersection of Transit and Main Street in Clarence, NY. He ran a red light and knocked her off her bike. She suffered a head injury and broken ribs. After the crash, a witness called 9-1-1. At the scene, the police took a report. They recorded the contact information of the driver, rider, and witness, summarized the crash, and took insurance information. The paramedics arrived and provided treatment.
Issue: Who will pay Patricia’s medical bills and wage loss?
Analysis: First, in a no-fault state like New York, it does not matter whether it was Patricia or Daniel’s “fault” when it comes to paying medical bills and wage loss. As the driver and owner of the vehicle, Daniel’s carrier will pay. Again, that is because New York is a “no-fault” state. No-fault insurance provides insurance coverage in cases like this.
Second, even if Patricia owns a car and has her own car insurance or medical insurance, Daniel’s carrier will pay the bills for her treatment, wage loss, and out of pocket expenses. Third, if Daniel’s insurance carrier “accepts” the claim and he has “collision” coverage for property damage, his carrier will cover that, too.
At some point after the crash, Patricia will need to provide Daniel’s no-fault insurance information to the medical providers to bill for her treatment. More specifically, she will need to obtain a claim number and share the claim number with the providers. Patricia should not put the medical bills through her own medical insurance company.
Patricia will also need to file the appropriate no-fault application (NF6) within 30 days of the crash. In order for Patricia to receive no-fault wage loss payments from Daniel’s carrier, Patricia will have to authorize Daniel’s carrier to verify her employment and provide the respective disability statements from her treating doctor to his carrier. If she is eligible for New York State Disability, then she will need to execute the proper disability application (DB450) and apply for NYS Disability through her employer. If she is self-employed, then similar steps apply.
Assuming Daniel has basic personal injury protection (PIP), Patricia’s no-fault carrier will pay 80% of Patricia’s average weekly wage up to $2000 per month less NYS Disability. Depending on his policy, there may be additional coverage limits (APIP).
Small Law Firm knows bicycle law. We help people who get hurt riding bikes. If you are hurt on a bike and need legal advice, please call us. We can explain your rights and assist in the no-fault application process. We are strong advocates for the biker. See us at “BuffaloBicycleAtty.com”.
