August 13, 2024 Being involved in a hit-and-run accident can be a frightening and deadly experience, especially when you’re on a bicycle. Across New York State, cyclists face vulnerabilities on the road, making it imperative to know what to do immediately following any incident with a motor vehicle.
If you’re a bicyclist involved in a hit-and-run accident, acting swiftly and correctly can ensure that your legal rights are protected, and can increase your chances of finding and holding the responsible party accountable.
Actions To Take Immediately At The Scene
Immediately after the accident occurs, you may be feeling overwhelmed or unsure of what to do. If you’re able to at the scene of the accident, be sure to take the following steps:
Ensure Safety and Seek Medical Attention
Your immediate priority following a hit-and-run bicycle accident should be your own safety. If you’re in a hazardous location, move to a safer spot if you’re able. Even if you feel relatively uninjured, you should still opt to seek medical attention from the responding EMTs, or see a doctor as soon as possible after the accident occurs.
Report the Accident
Call 911 to report the accident and request the police come to the scene to file an official police report. Make sure to provide detailed information, including the location, time, and any pertinent information about the fleeing vehicle. The police report will serve as a crucial piece of evidence in any legal proceedings or insurance claims.
Gather Evidence
Be sure to collect as much evidence as possible at the scene of the accident that can assist the police in locating the driver and corroborate your claim with insurance:
- Witnesses: If there are witnesses, collect their contact information. Their testimonies can corroborate your account of the events.
- Photos and Videos: Capture images of the accident scene, your bicycle, and any visible injuries. If possible, take a video recounting what happened while it’s still fresh in your memory.
- Driver and Vehicle Information: If you or any of the witnesses at the scene caught the make, color, model, license plate or direction of the fleeing vehicle, that information will be invaluable in locating the driver.
Dealing with Medical Treatments and Bills
Seeking and maintaining medical treatments after an accident are crucial for not only your own well-being, but when building a strong case for the insurance company.
Seek Immediate Medical Attention
Seeking the advice of a medical professional as soon as possible after the accident will not only ensure that any “invisible injuries” do not go untreated, but the associated medical record serves as a document that can prove the extent of your injuries to the insurance company.
Follow Medical Advice
Adhering to all medical recommendations and attending all follow-up appointments are essential for both your health and your legal case. Failure to follow medical advice can weaken your claim, making it appear that your injuries aren’t as severe as you contend.
Keep Detailed Records
Document all medical treatments, medications, and therapies you receive. Detailed medical records serve as substantial evidence for the extent of your injuries and the necessary treatments, which are critical for your claim.
Dealing with Insurance Companies
After a hit and run, you’ve likely been left with damage to your bike, gear, and you may have even sustained significant injuries that impact your everyday life. Since the driver who hit you left without providing insurance information, you’re left with few options to recover compensation.
Notify Your Own Insurance Company
As soon as possible after the accident, alert your insurance company about the accident. Even if the at-fault driver is unidentified, your own insurance should offer coverages to help pay for expenses related to your accident:
- No-fault: If you have auto insurance, New York requires that you carry no-fault insurance. This will help you to pay for medical expenses as they relate to a motor vehicle accident, even if you were on a bicycle at the time.
- Uninsured Motorist Coverage: Another mandatory coverage on your auto insurance policy, Uninsured Motorist (UM) coverage will help to pay for damages related to your accident
In the event that you do not have an active auto insurance policy, you may have to turn to the Motor Vehicle Accident Indemnification Corporation (MVAIC) to help you recover compensation for your injuries or damages.
Avoid Accepting Initial Offers
Insurance companies (yes, even your own) may rush to offer you a settlement to minimize their costs, and these initial offers often undervalue the true extent of your damages. It’s advisable to consult a legal expert before accepting any settlement. An attorney can help evaluate whether the offer adequately covers your medical bills, lost income, pain and suffering, and other damages.
Prepare Your Documentation
Keep all records relating to the accident, including medical bills, repair costs, and any communication with your insurance company. These documents will be fundamental when building your case.
Seeking Legal Help
Dealing with the insurance company on your own can be frustrating for anyone, especially for someone who is recovering from injuries after a hit-and-run bicycle accident. If you were involved in a hit and run accident, an experienced personal injury attorney can be an asset to your case.
Navigating Insurance and Maximizing Compensation
An attorney can handle all communications with the insurance company, ensuring your rights are protected and that you receive a fair settlement. They understand the tactics insurers use to minimize payouts and will negotiate on your behalf to secure compensation that covers your medical expenses, lost wages, pain and suffering, and other damages.
Gathering Evidence and Building a Strong Case
Proving fault in a hit-and-run can be challenging, but an attorney will conduct a thorough investigation to gather critical evidence, such as witness statements, traffic camera footage, and police reports. They’ll use their resources and knowledge to build a strong case that supports your claim, increasing your chances of finding the responsible party or securing a fair settlement.
Navigating Legal Procedures and Representing You in Court
From filing paperwork to meeting strict deadlines, an attorney ensures that all legal procedures are followed correctly, preventing any missteps that could jeopardize your case. If necessary, they’ll represent you in court, advocating on your behalf and using their legal expertise to fight for the compensation you deserve.
Contact Cellino Law
Navigating the aftermath of a hit-and-run bicycle accident can be complicated and overwhelming. Depending on the severity of your accident, working with an esteemed personal injury attorney can be an invaluable resource when it comes to securing the compensation you deserve.
By acting swiftly immediately after the accident and in the following months, you can better position yourself for a successful outcome. If you or a loved one has been affected by a hit-and-run bicycle accident, contact the experienced attorneys at Cellino Law to explore your options and ensure that your case is handled with the care it deserves.
For a free consultation with a member of our legal team, call us at 888-888-8888.
Content checked by the personal injury attorney Ross Cellino. As a family man and a trial attorney, I pride myself on winning cases and serving the community. With over 35 years of experience, I understand the function of a jury, how juries arrive at conclusions, and the role that the jury plays in administering justice. I know how to win cases. You can find us in Manhattan, Buffalo, Melville, Rochester, Brooklyn, The Bronx, Queens and other locations throughout New York.