What steps to take if you are involved in a crash:
It isn’t a pleasant thought, but current road conditions create many dangerous situations for cyclists. If you are unfortunately in a crash, know the steps below as they will come in handy: *Information provided by NewYorkBikeLawyers.com
- Get yourself out of danger. Get out of the roadway or other places that you will still be exposed to moving traffic. If you can’t move, make sure you are visible.
- If injured seek medical attention or get someone to call an ambulance for you.
- Call the Police. At the time you might think you are OK but you may regret this later. You need to properly identify the other vehicle or responsible party and the police will help you do this. The crash will also now be officially documented as to the time and place of the incident.
- If possible look for witnesses. If you can’t get someone to find witnesses for you. People may move on quickly so it is important to do this early on. Witness statements are crucial in Court and for the police.
- Exchange details. You should make a note of vehicle registration plates, make, color and model. You should also have full insurance details as well as names and addresses. Get both the name of the driver and the vehicle owner.
- Gather evidence if you are capable or ask someone to do that for you. Pass this information onto the police and keep a copy of this information for yourself. Use your camera phone or ask someone to take pictures of the scene. This should be done before the vehicle and your bike is moved. Be as thorough as you can with your picture taking including the damage caused.
- Keep copies of everything. You should ask for copies of police reports, ambulance reports and also tell the police to keep in contact with you regarding any progress of the case. You should also make notes of attending officers names and details.
- If you are injured, contact a competent and seasoned attorney who litigates bike crash crashes.
- Property Damage – Bicycles need replacing and medical care needs paying for. The best thing you can do is keep detailed receipts and the damaged items.
- Medical Bills- File a No-fault claim or have your attorney do it for you. Ideally find yourself a good attorney who has experience in bicycle crashes to help you file your claim.
- If you get a call from an insurance company, be careful what information you give them. Your conversations are normally recorded and even an “off-the-cuff” comment may be used against you later. If you have an attorney, refer the company to them and make no statements at all.
Who pays your medical bills depends who you are involved in the crash with and how it occurred. If it involved a car, truck or bus, then that vehicles no-fault coverage will be responsible to pay for all “reasonable and necessary medical expenses” related to the crash as well as your lost wages. If the crash occurred unrelated to another motor vehicle, the medical expenses may become part of your damages from the lawsuit. These are what we call “special damages” in addition to any claim for pain and suffering.
When you bring a lawsuit against a driver or property owner who causes your injury, in almost all cases, their insurance company must cover the payments made to the injured person. If a lawsuit is filed, the cost of defense is also paid by the insurance company usually with no additional expenses to the insured.
New York law allows recovery for medical expenses that are not covered by a collateral source (health insurance or no-fault), as well as lost wages, pain and suffering, loss of enjoyment of life, property damage, and other non-economic damages. Claims for lost wages, pain and suffering and medical expenses encompass both past and future damages. You can also recover for the property damage to your bike.
These are complicated cases and you need an experienced attorney who is not just familiar with bike and cycling crashes, but also the ins and outs of insurance claims and insurance policies. In most cases, you can make a claim. Even if there is no contact, you still may be able to make a recovery. If you own a motor vehicle or someone in your household does, you may be able to make a claim with that automobile insurance company under the underinsured or uninsured (SUM) provision of the policy. This is an area of law that not all attorneys are familiar with.
If you are injured or not sure of the extents of your injuries, I would say it is very important to call the police immediately and file a police report. Sometimes the police will not do it, especially if they see no visible sign of injury. If they won’t, insist or ask for a supervisor. Later on, this can become critical. You might think you are ok at the scene but you may regret it later. Make sure the report has as much detail about the other vehicle as possible.
We suggest you don’t. Remember, as nice as the other person is on the other side of the phone, there goal is to minimize your claim. Their goal is to resolve your claim for the least amount possible and hope you don’t contact an attorney. Get their information and contact our office. It is our job to deal with them; it is your job to work on your recovery. If the situation is one that doesn’t require our service, I will be the first to tell you. If this is the case, you can then continue your communication directly with the company.
Information above provided by Daniel Flanzig, Attorney http://www.newyorkbikelawyer.com/