Misinformation about e-bike crashes spreads quickly: from a coworker, a comment thread, or an insurance adjuster whose interests do not match yours. Some of it is simply outdated. Some of it, if believed, can cost an injured person a valid claim. Below are seven beliefs we hear often from people in Floral Park and the surrounding corner of southeast Queens, each set against what New York law actually provides.
Riders here share busy corridors such as Jericho Turnpike, Hillside Avenue and Little Neck Parkway with steady car and truck traffic, and quieter blocks near the Queens County Farm Museum area with families and pedestrians. Collisions happen in both settings, and the myths below apply to each.
Myth 1: “If I was partly to blame, I cannot recover anything.”
Fact: New York follows pure comparative fault under CPLR § 1411. A rider found 30 percent responsible, for instance, has the award reduced by that share; the claim itself survives. Riding above the city’s 15 mph limit or without a helmet may reduce recovery, but it does not bar it. Our guide to comparative negligence discusses how these percentages are argued.
Myth 2: “My e-bike is a motor vehicle, so I need my own insurance to cover me.”
Fact: VTL § 125 excludes bicycles with electric assist from the definition of motor vehicle. When a car strikes an e-bike rider, the rider is generally treated as a non-occupant of that car, and the car’s no-fault coverage generally pays the rider’s medical bills and part of lost wages. The application should generally be filed within 30 days. A faster, throttle-only device may be classified differently, so the bike’s specifications matter.
Myth 3: “No-fault pays for everything, including pain and suffering.”
Fact: No-fault is limited to economic items like medical treatment and a portion of lost earnings. Compensation for pain, suffering and lasting limitations comes from a separate claim against the at-fault driver, and New York generally requires a “serious injury” under Insurance Law § 5102(d) to bring it. A fracture or a significant limitation of use are among the recognized categories. This threshold is where an e-bike accident attorney’s medical documentation work tends to matter most.
Myth 4: “A pedestrian hit by an e-bike is covered by no-fault, like any traffic crash.”
Fact: Because an e-bike is not a motor vehicle, no-fault generally does not apply to the e-bike itself. The injured pedestrian’s claim runs against the rider and, depending on the facts, possibly the rider’s homeowners or renters insurance, though policies differ, or a business responsible for the rider. No particular payer can be guaranteed at the outset. Our pedestrian accident practice handles these claims.
Myth 5: “Every delivery rider is automatically covered by workers’ compensation.”
Fact: Employees generally receive workers’ compensation benefits. Many app-based riders, however, may be classified as independent contractors, which affects what benefits are available. In either situation, a separate claim against a negligent driver may also exist. The Workers’ Compensation Board’s information for workers is a useful starting point, and our work injury practice evaluates both paths together.
Myth 6: “I have three years, so there is no rush.”
Fact: The general limit for injury lawsuits is three years under CPLR § 214, but that is the longest clock, not the only one. No-fault applications are generally due within 30 days. If a pothole or damaged roadway caused the crash, a claim against New York City requires a notice of claim within 90 days under General Municipal Law § 50-e. Evidence such as store and doorbell video can be overwritten in days.
Myth 7: “If the driver drove off, the case is over.”
Fact: Hit-and-run and uninsured-driver cases often still have a source of recovery. Your own household auto policy’s uninsured motorist coverage may apply, and MVAIC may be available when there is no such policy. These claims carry strict early deadlines. Our article on hit-and-run and drunk driving claims explains more.
One Belief That Is Accurate
Many people assume that a defective e-bike or battery can be the root cause of a crash, and they are right. Under New York City’s Local Law 39 of 2023, any e-bike sold, leased or rented in the city must meet UL 2849, and its battery must meet UL 2271. Brake failure or a battery fire may support a product liability claim against the maker or seller, provided the bike is preserved unrepaired. Keep the battery and charger as well, store them safely, and do not attempt to open or test them yourself; an examination by a qualified expert comes later, once everyone with a stake in the outcome has had notice.
Getting Accurate Advice
Yakov Mushiyev & Associates has recovered over $80 million for injured New Yorkers. Consultations are free, no fee is charged unless we win, and the firm works in English, Russian and Spanish. Attorney Yakov Mushiyev can meet injured clients at home, in the hospital or by video. For an overview of our work on these matters, visit the scooter and e-bike accidents practice page, or browse our Queens accident lawyer hub.
Because the firm sits in nearby Rosedale, we also regularly assist riders who need an e-bike accident lawyer in Bellerose, an e-bike accident lawyer in Glen Oaks, an e-bike accident lawyer in Queens Village, or an e-bike accident lawyer in Rosedale itself.
The office address is 1 Cross Island Plaza, Suite 325, Rosedale, NY 11422, and the map charts the short route from Floral Park.
Before acting on something you heard secondhand, check it with an e-bike accident lawyer Floral Park residents can reach directly: 718.775.3110. You may also write to a Floral Park e-bike accident lawyer through our contact page, and an electric bike accident lawyer will reply with answers specific to your situation.
Attorney Advertising. This article corrects common misconceptions in general terms and does not provide legal advice about any individual matter.