You will likely have numerous damages after a bicycle accident in New York. If your injuries prevent you from returning to work, your mind will naturally turn to how you will cover your lost wages.
Fortunately, our lawyers can help you claim your lost wages, as well as other damages. Bike riders are covered by their vehicle insurance coverage when hit by another driver. Your no-fault insurance is designed to cover your lost wages when you file a claim, but it will not cover 100% of them. Insurance will pay up to 80% of your lost earnings but only for a total of three years and is capped at $2,000 per month. This gap can leave you struggling to cover your expenses. Our team can gather evidence to help file a lawsuit, which can compensate you for all your lost earnings and future earning potential.
For a free case review with our New York bicycle accident attorneys, contact The Carrion Law Firm at (718) 841-0083 today.
Can I Get Compensation for Lost Wages if I Am Injured in a New York Bicycle Accident?
The answer is yes but with serious catches. New York uses “no-fault” insurance rules, also called Personal Injury Protection (PIP), and every driver in the state must carry it. But what does this have to do with bicycle accidents? Negligent drivers cause most bicycle accidents, especially in densely populated areas like NYC, and I.S.C. Law § 5102(b) directs “first-party” insurance benefits to be paid to any who suffered injuries in a motor vehicle accident. This includes drivers, passengers, pedestrians, and bicyclists.
Essentially, if a driver hits you while you are riding your bike, you can file a claim with your car insurance provider if you have coverage. If you do not own a car, the driver’s no-fault insurance will be next in line to cover your economic losses, including lost wages.
However, by design, PIP insurance will not compensate you fully for your lost income. According to § 5102(a)(2), your no-fault insurance will only pay 80% of your lost earnings. Moreover, your payments for your lost income will be capped at $2,000 a month, regardless of your actual monthly income. You also might not be covered for the total time you are injured, as PIP will not pay lost earnings after the three-year anniversary of the accident.
Do not be discouraged, though. Our Brooklyn bicycle accident attorneys can help you get compensation for all your lost income and more in a lawsuit. While insurance rules generally prevent lawsuits from being filed for car accidents, there are a few ways around this. Under § 5104(a), you are entitled to file a lawsuit if you have suffered more than the basic economic loss or serious injuries in your bike accident.
What Other Damages I Can Recover in a New York Bicycle Accident Lawsuit?
If you are claiming lost wages after a NY bike accident, you likely have many other damages for which you will need compensation. Insurance will limit you to only your economic damages, and even those are limited. In a lawsuit, you will have no limitations placed on the provable damages you can recover. This includes your medical expenses, costs for your damaged bike, and non-economic damages. You will also be entitled to more than your daily wages if your injuries impact your work in the future.
All Necessary Medical Expenses
First and foremost, you can be awarded damages for all medical expenses you paid to treat your injuries. Under § 5102(a)(1), “necessary expenses” include most expenses you would incur in the course of treatment, like hospital bills, surgery bills, ambulance services, prescription medications, and occupational therapy. You can also be reimbursed for psychiatric and mental healthcare costs, as well as the costs of religious healing, if the method is recognized under NY law.
Loss of Earning Potential
Insurance only covers lost wages by adding up your daily income and reimbursing that amount. With a lawsuit, you can also claim lost earning potential. Lost earning potential represents what you missed out on at work because of your injuries besides pay.
For instance, perhaps you were passed over for a promotion because you were gone too long. Or, you did not receive a raise that you likely would have had you not been injured. In more extreme situations, you might not be able to return to your position at all, either permanently or because your injuries forced you into a new position.
This diminishing and loss of professional opportunities can be compensated for in a lawsuit. However, we will usually need an occupational expert to help assess the value of your loss.
Property Damage Costs
Even a minor collision with a motor vehicle can cause significant, if not total, damage to your bicycle. A successful lawsuit will compensate you for the repair costs you sustained or if you need to buy a replacement. If your phone, camera, or any other riding gear was damaged in the accident, we will ensure those damages are included in your claim.
Non-Economic Damages
The major advantage of a lawsuit over an insurance claim is that you can recover compensation for your non-economic damages. According to a current study of vehicle accident victims, over half the victims reported some form of emotional loss after the accident, like PTSD, depression, and anxiety.
However, your non-economic damages extend to other impacts that are hard to calculate. For instance, if your injuries are serious enough that you cannot ride your bike for the foreseeable future, it can significantly impact your enjoyment of life and cause serious pain and suffering.
Unlike other states, New York does not limit the non-economic damages victims can recover, so we must have evidence that clearly shows how their injuries have changed their lives to get what they deserve.
Call Our New York Bicycle Accident Lawyers Today for Help Getting Your Lost Income and Other Damages Covered
Call The Carrion Law Firm at (718) 841-0083 for your free case review with our Harlem bicycle accident lawyers.