New rules, and insurers still working out the answers
New York legalized electric scooters and defined classes of electric bicycles in 2020, and the insurance system has not fully caught up. Whether no-fault benefits are available to you can turn on what exactly you were riding, its class and top speed, and whether a motor vehicle was involved in the crash. It is a genuinely unsettled area, and the answer is worth establishing properly rather than accepting the first denial letter.
That uncertainty is precisely why these claims get underpaid. A carrier denies benefits, the rider assumes that is the end of it, and a legitimate claim against an at-fault driver is never brought at all. The liability case against a driver who hit you does not depend on whether no-fault pays.
Delivery work adds another layer. If you were riding for an app or a restaurant when you were hurt, there may be workers’ compensation, commercial coverage, or a claim against the company on top of the claim against the driver — and which of those applies is a question worth asking out loud.
The cases we handle most
Struck by a vehicle
The claim against the at-fault driver stands regardless of how no-fault treats your scooter.
Delivery riders
Working when it happened can open workers’ compensation and commercial coverage alongside the injury claim.
Road and lane defects
Small wheels and potholes. Municipal claims run on far shorter deadlines than ordinary cases.
Defective equipment
Battery fires, brake and throttle failures put the manufacturer or seller in the case.
What we do once you call
We establish exactly what you were riding and its class, then file for whatever benefits are available and put the at-fault driver’s carrier on notice.
We preserve the scooter or bike itself — critical if the equipment failed — request camera footage, and take witness statements.
We work out every source of coverage, including employment-based coverage if you were working, and get your treatment properly documented.
We demand against each available policy and litigate the coverage question where a carrier’s denial does not hold up.
Common questions
My no-fault claim was denied. Is that final?
Not necessarily. Denials in this area are often issued on assumptions about what you were riding, and they are appealable. Even where no-fault genuinely does not apply, the claim against the driver who hit you is unaffected.
I was delivering when I got hit. Does that change things?
Usually in your favor. Working at the time can bring workers’ compensation and commercial coverage into play alongside the ordinary injury claim, and it is worth establishing early. Tell us about the work even if you were classified as an independent contractor.
The scooter was rented from an app. Who is responsible?
It depends on why the crash happened. A driver who hit you is liable as usual. If the scooter itself failed — brakes, throttle, battery — the operator or manufacturer can be responsible too, which is why the machine should be preserved rather than returned or discarded.