Q: Can I claim “No-Fault” if I was hit by a motorcycle?

A: A pedestrian or bicyclist hit by a motorcycle can file a claim against the insurance company covering the motorcycle. Because the makers of New York’s No-Fault insurance law regard motorcycles as inherently dangerous, No-Fault does not apply to accidents involving motorcycles. Insurance companies often attempt to limit or deny claims from pedestrians or bicyclists injured by motorcycles. Because […]

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Q: The insurance company of the driver who hit me says I have to use my own insurance before they will pay anything. I have a huge deductible. What do I do?

A: If the victim of an accident is a pedestrian, the insurance company of the driver who hit you is going to be responsible for paying the medical expenses. In New York State, the No-Fault law allows for speedy compensation to drivers, passengers and pedestrians for basic economic loss. That includes medical expenses, 80% of […]

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Q: If there is an accident between a car and a bicycle, is law enforcement required to issue a ticket?

A: No, law enforcement is not required to issue a ticket in any sort of accident. Police officers are granted a wide degree of discretion to choose whether they will allege a violation of a law. The responding officer may consider the seriousness of the wreck, whether or not there were witnesses who were not involved in the accident, or […]

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Q: If I am in an accident caused by another driver can I automatically bring a lawsuit?

A: In New York, in order to bring a lawsuit as a result of injuries from a car accident, you must sustain a serious injury. Serious injuries are those that involve: death, dismemberment or significant disfigurement; fracture; loss of fetus; loss of permanent use of a body organ or member; permanent consequential limitation of use of a […]

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Q: How do I know who is at fault in an accident?

A: Determining who is at fault in an accident is often an undertaking of attorneys hired by the people involved with the accident. Evidence can include photos and videos of the incident; measurements to determine speed, trajectories and distances; records of weather, light and visibility at the time of the incident; eyewitness testimony and police […]

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