Most people who get hurt on an e-bike have never been through an injury claim before, so the whole process can feel like a black box. It helps to see it laid out in order. Below, we follow a typical claim from the day of the crash through a possible trial, with notes on what you can expect at each stage and what tends to matter most. Nothing here replaces advice about your own situation, but it should make the road ahead look a lot less mysterious.
Our firm, Yakov Mushiyev & Associates, represents injured people from its Rosedale office. If you want an e-bike accident lawyer Murray Hill neighbors can sit down with, the timeline below is a good place to start before you call.
Day 1: the crash and the hours after
Maybe it happened on Northern Boulevard, near the Murray Hill LIRR station, or on one of the busy 149th and 150th Street shopping blocks where cars pull in and out all day, or on the quieter residential streets near Kissena Park. Wherever it was, your first job is your health. Get checked, even if you feel mostly fine. Head injuries, wrist and collarbone fractures and spinal problems don’t always announce themselves right away.
If you can, or if someone can do it for you:
- Get the police report number.
- Take photos of the scene, the vehicles, your bike and your injuries.
- If anyone saw the crash, ask for a name and a phone number.
- Note which stores, buses or homes nearby might have cameras.
Leave the bike unrepaired and keep your helmet. Both can tell an expert a lot later on.
Week 1: paperwork that can’t wait
This is the week to ask for video. Many camera systems record over themselves quickly, so a polite request to a shop owner in the first few days can save footage that would otherwise disappear.
If a car hit you, you can generally claim that car’s no-fault benefits as a non-occupant under Insurance Law § 5103. Those benefits generally cover medical bills and part of lost wages, and the application is generally due within 30 days. Our guide to New York no-fault claims walks through the forms.
If the driver drove off or had no insurance, your household auto policy’s uninsured motorist coverage or MVAIC may apply. Those deadlines are strict and early, which is one reason people call a lawyer during this first week.
Were you delivering at the time? If you were on the payroll, workers’ compensation is generally your first stop; if an app lists you as an independent contractor, that status can change which benefits you get. On top of either, you may have a claim against the driver who caused the crash.
Month 1: treatment and building the record
By now you are probably in a routine of doctor visits, physical therapy or follow-up scans. Keep going to every appointment. Gaps in treatment are one of the first things an insurance adjuster will point to.
This is also a good time to start an injury diary, even a few lines a day about pain, sleep and what you couldn’t do. We explain how in our article on keeping an injury diary.
If a pothole or broken pavement on a city street caused your fall, watch the calendar closely. A claim against the city generally requires a notice of claim within 90 days under General Municipal Law § 50-e. That window can close while you are still recovering.
Months 3 to 12: investigation, demands and negotiation
With treatment underway, your lawyer gathers the full picture: police records, video, witness statements, delivery app trip data if you were working, and your medical file. Where fault is disputed, an expert may examine the bike or the scene.
Pain and suffering against a driver generally requires a “serious injury” under Insurance Law § 5102(d), such as a fracture or a significant limitation. Much of this phase is spent proving that threshold with medical evidence. Our page on fracture and serious injury claims goes deeper.
Expect the insurer to argue about fault. Maybe they’ll say you were riding over the 15 mph city limit, or weren’t wearing a helmet. New York uses pure comparative fault under CPLR § 1411, so those arguments may reduce what you recover, but they don’t erase your claim. See our explainer on shared fault in New York.
Many claims settle somewhere in this window. Some don’t, and that’s fine too.
Trial: if it comes to that
If an insurer won’t make a fair offer, the case can go to court. New York generally gives you three years from the crash to file a lawsuit under CPLR § 214, though that clock is much shorter for claims against the city. Filing suit doesn’t mean you’ll end up in front of a jury; many cases still resolve during the litigation process. It does mean your e-bike accident attorney will prepare as if the case will be tried, which is often what moves the other side.
Where we are and how to reach us
You can visit us at 1 Cross Island Plaza, Suite 325, Rosedale, NY 11422. The map below charts the drive from Murray Hill to our door. If getting around is hard right now, we can come to your home or hospital room, or meet you by video.
Rode in from a neighboring area? You may find it useful to read about an e-bike accident lawyer in Flushing, or the pages for an e-bike accident lawyer in Auburndale and an e-bike accident lawyer in Kew Gardens Hills. If your ride started or ended farther east, the page for an e-bike accident lawyer in Bayside may fit too. Our Queens accident lawyer hub lists the rest.
Start your own timeline with a call
Yakov Mushiyev and our team have recovered over $80 million for injured New Yorkers, and every first conversation is free. You pay no fee unless we win. You can talk with us in English, Russian or Spanish. As your Murray Hill e-bike accident lawyer and electric bike accident lawyer for the surrounding area, we can tell you which phase you are in and what comes next. Reach us at 718.775.3110 or through our online contact page. You can also learn more about our e-bike and scooter accident work.
This timeline is a general overview of how New York injury claims often unfold and should not be taken as legal advice; every case moves at its own pace. Attorney Advertising.