People who call our office after an e-bike crash tend to ask the same handful of things. Some are riders who went down on Jamaica Avenue or Hempstead Avenue. Others were walking near Wayanda Park when a bike came out of nowhere. Below are the questions we hear most, with short answers grounded in New York law. If yours is not here, just ask us.
We are Yakov Mushiyev & Associates, a Rosedale firm a few minutes from Queens Village, and we act as an e-bike accident lawyer in Queens Village for riders and pedestrians alike.
1. A car struck me while I was on my e-bike. Who pays my hospital bills?
Usually the car’s insurance, at least at first. In New York, a rider hit by a car is generally treated as a “non-occupant” of that car, and its no-fault coverage generally pays medical bills and part of lost wages under Insurance Law § 5103. The paperwork is generally due within 30 days, so start early. Our no-fault guide walks you through it.
2. Can I also get money for my pain?
Possibly. To go after the driver for pain and suffering, New York generally requires a “serious injury.” A broken bone counts, and so can a significant limitation in how your body works. Our article on fracture claims and serious injury explains what that looks like in practice.
3. I wasn’t wearing a helmet. Do I still have a case?
Very likely, yes. New York uses what is called pure comparative fault under CPLR § 1411. Things like riding without a helmet or going too fast may lower what you recover, but they do not shut the door. Keep in mind that NYC does require helmets on Class 3 bikes and for anyone riding for work. There is more in our shared-fault guide.
4. What are the basic rules for riding an e-bike here?
Under state law in VTL § 1242, you must be at least 16, you generally may ride on roads with speed limits of 30 mph or less, and sidewalks are off-limits unless a local law says otherwise. The city goes further: NYC DOT sets a 15 mph cap on every city street and keeps e-bikes in bike lanes and on the road.
5. An e-bike rider knocked me down on the sidewalk. Is no-fault going to cover me?
Generally not. An e-bike is not a motor vehicle in New York, so no-fault generally does not apply to the bike. Your claim would be against the rider and, depending on what happened, perhaps a homeowners or renters policy, or a business the rider was working for. Every policy is different, so there is no guaranteed payer. Our pedestrian accident page has more.
6. I deliver food for an app. Does that change anything?
It can. Employees generally receive workers’ compensation. App-based riders are often classified as independent contractors, and that affects benefits. You may also have a separate claim against a careless driver. For a local look at these crashes, see our piece on e-bike delivery and bike-lane crashes in Queens.
7. My battery caught fire, or my brakes failed. Who is responsible?
Possibly the company that made or sold the bike. NYC requires e-bikes sold, leased or rented in the city to meet UL 2849, and their batteries UL 2271. A defect like a brake failure or battery fire can support a product liability claim. Please do not throw out the bike or battery. The FDNY’s lithium-ion battery safety page explains how to handle a damaged battery safely.
8. A pothole threw me off my bike. Can I do anything?
Sometimes a road defect or broken bike-lane equipment points to the city. Those claims have a very short fuse: a notice of claim generally has to be filed within 90 days under General Municipal Law § 50-e. Take photos of the spot as soon as you can.
9. How long do I have to bring a case?
For most injury lawsuits, generally three years from the crash. City claims, as mentioned, need that 90-day notice first. Uninsured and hit-and-run cases have their own early deadlines too.
If the driver who hit you had no insurance or drove off, your own household auto policy may include uninsured motorist coverage, and MVAIC may be another option. Both expect you to act quickly, so mention it the first time you speak with us. Waiting a few months can cost you options you would otherwise have.
10. What should I be doing right now?
Keep the bike and helmet as they are. Save photos, the police report number and contact details for anyone who saw what happened. Ask nearby stores along Springfield Boulevard or Jamaica Avenue about camera footage quickly, before it is recorded over. Go to every medical appointment. Then give us a call.
A Little About Us
Attorney Yakov Mushiyev leads our team, and our firm has recovered over $80 million for injured New Yorkers. We speak English, Russian and Spanish. Your first consultation is free, and there is no fee unless we win. Whether you think of us as an electric bike accident lawyer or an e-bike accident attorney, the goal is the same: to make this easier on you. More details sit on our e-bike accident practice page and our Queens Village lawyer page.
Stop by 1 Cross Island Plaza, Suite 325, Rosedale, NY 11422. It is close, and the map below shows the route from Queens Village.
Have family in a neighboring area? We have pages for an e-bike accident lawyer in Hollis, an e-bike accident lawyer in Bellerose, an e-bike accident lawyer in Cambria Heights and an e-bike accident lawyer in Laurelton.
Got a question we did not cover? A Queens Village e-bike accident lawyer from our office is a phone call away at 718.775.3110, or you can send us a message.
These answers are general information for Queens Village readers and do not amount to legal advice on your specific situation. Attorney Advertising.