Out at the western tip of the Rockaways, e-bikes are an easy way to get around: down Rockaway Point Boulevard, over toward Fort Tilden, on to the beach at Jacob Riis Park. When one of those rides ends in a crash, though, people often lean on things they have heard from a neighbor or read online. Some of it is right. A lot of it is not. Below are seven common beliefs about e-bike injury claims in New York, and what the law generally says instead.
We are Yakov Mushiyev & Associates, and if you need an e-bike accident lawyer in Breezy Point, we would like to help you start with the facts.
Myth 1: “An e-bike is basically a motorcycle, so the same insurance rules apply.”
The fact: New York law treats it differently. The definition of a motor vehicle in Vehicle and Traffic Law § 125 leaves out bicycles with electric assist. That matters a great deal. If a car hits you while you are on your e-bike, the car’s no-fault insurance generally pays your medical bills and part of your lost wages, because you count as a non-occupant of that car. You would generally need to apply within 30 days. A faster, throttle-only machine, however, may be classified as something else, such as a moped.
Myth 2: “I wasn’t wearing a helmet, so I can’t recover anything.”
The fact: Not true. New York follows pure comparative fault under CPLR § 1411. If you share some of the blame, whether for skipping a helmet or riding a bit too fast, your recovery may be reduced by your share. It is not taken away. Helmets are required in NYC on Class 3 bikes and for people riding for work, so the question may come up, but it rarely ends a case. Our guide to shared fault explains how the math works.
Myth 3: “I feel okay, so I’ll skip the doctor.”
The fact: Many serious injuries hide at first. Concussions, spinal injuries and internal bleeding can take hours or days to show symptoms. Waiting also leaves a gap in your records that an insurer may point to later. Wrist, collarbone and leg fractures are common in these crashes, and they are one of the injuries that can meet New York’s “serious injury” threshold in Insurance Law § 5102, which you generally need to show before seeking pain-and-suffering damages from a driver. Our page on broken bone claims has more.
Myth 4: “My bike is wrecked, so I might as well toss it.”
The fact: Please keep it. The bike can show where it was struck and how hard. If the crash came from a brake failure or a battery problem, the bike itself may support a claim against the company that made or sold it. NYC’s Local Law 39 of 2023 requires e-bikes sold, leased or rented in the city to meet UL 2849 and batteries to meet UL 2271. If the battery is damaged, follow the FDNY’s lithium-ion safety tips for storing it.
Myth 5: “If an e-bike hits me while I’m walking, no-fault will cover it.”
The fact: Generally, no. Since an e-bike is not a motor vehicle, no-fault generally does not apply to the bike. A pedestrian’s claim runs against the rider, and depending on the facts, possibly the rider’s homeowners or renters insurance, or a business responsible for the rider. Policies differ, so no one can promise in advance who will pay.
Myth 6: “I have years to deal with this, so there’s no rush.”
The fact: Partly true, and that is what makes it risky. You generally have three years to file a personal injury lawsuit under CPLR § 214. But if a pothole or broken bike-lane equipment on a city street caused your fall, a notice of claim is generally due within 90 days. Hit-and-run and uninsured driver claims also have early deadlines. And video from nearby cameras can vanish in days.
Myth 7: “A lawyer will cost more than the case is worth.”
The fact: At our firm, the consultation is free and there is no fee unless we win. Hiring an electric bike accident lawyer, or any e-bike accident attorney, also means someone else takes the paperwork off your hands: no-fault forms, records requests, letters to the insurer. Attorney Yakov Mushiyev and our team have recovered over $80 million for injured New Yorkers. We speak English, Russian and Spanish, and because Breezy Point is a long way from most offices, we are glad to meet you at home, in the hospital or by video.
A Few More Places to Read
If a car was involved, our car accident practice covers the driver’s side of things. For standard pedal bikes, see bicycle accidents. Everything specific to electric bikes and scooters lives on our e-bike accident practice page, and our work across the borough is summarized on the Queens accident lawyer page.
Where We Are
Our address is 1 Cross Island Plaza, Suite 325, Rosedale, NY 11422. It is a real trip from the peninsula, so we have put the full route from Breezy Point on the map below.
We cover the rest of the Rockaways, too. Down the peninsula you will find our pages for an e-bike accident lawyer in Rockaway Park, an e-bike accident lawyer in Belle Harbor and an e-bike accident lawyer in Rockaway Beach, and across the bay there is one for an e-bike accident lawyer in Broad Channel.
Heard something else about e-bike claims and want to know if it holds up? Talk to a Breezy Point e-bike accident lawyer on our team by calling 718.775.3110, or leave a message on our contact page.
These myths and facts are general information to help you understand New York law, not legal advice about your own claim. Attorney Advertising.