Taxi Strikes Bicycle

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Q: While I was delivering food for a restaurant, a taxi struck my bicycle.  I was thrown to the ground.  This injured my head, neck, back, right knee and right shoulder.  For a month immediately following the accident, I was confined to bed and home.  Fortunately, the injuries were not permanent.

A: Were you prevented from performing substantially all of the material acts that constitute your usual and customary daily activities?  Did this go on for at least 90 of the first 180 days after the accident?  If so, you have suffered serious injury as defined in our No-Fault Automobile Insurance Law.

The primary aims of the No-Fault Law are to ensure prompt compensation for losses incurred by accident victims without regard to fault or negligence, to reduce the burden on the courts and to provide substantial premium savings to New York motorists.

Under this Law, the taxi company’s no-fault insurance carrier pays ‘first-party benefits’ to reimburse you for basic economic loss due to personal injuries.  If you have received a workers’ compensation award, the carrier may deduct from your no-fault benefits the sum of the compensation award.

Unless you have suffered a serious injury, the provision of these first-party benefits under the No-Fault Law blocks you from suing the taxi company or driver.  Only in the case of serious injury, are you permitted to commence a ‘direct party action’ for non-economic losses, such as pain and suffering, and other non-quantifiable detriments.

Even if sometimes you were able to leave your house, you still may be able to establish that your injuries incapacitated you for the ninety-day period.  So be sure to consult an attorney.

By: Scott Baron,
Attorney at Law Advertorial

The law responds to changed conditions; exceptions and variations abound. Here, the information is general; always seek out competent counsel. This article shall not be construed as legal advice.

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