How to File a Bicycle Accident Claim Yourself Without a Lawyer 2024

If you want to know how to file a bicycle accident claim yourself without a lawyer in New York against the car’s insurance, this article will give you the steps to file a bicycle accident insurance claim and what you need to write in the insurance claim letters.

Even if you had only a minor injury in a bicycle accident, you should call the bicycle accident lawyers at 1-800-HURT-911® in New York. We have settled many bicycle accident claims with extremely minor injuries for tens of thousands of dollars.

But first, you need to understand a few things about a bicycle accident claim:

  • You’re probably thinking of your pain and suffering claim for personal injuries called a third-party liability claim, but a bicycle accident in New York will have several types of claims, not just one claim.
  • Although you have 3 years to file a lawsuit for personal injury in New York, some of the claims you can make for a bicycle accident in New York have very short time deadlines of 30 days and 90 days.
  • It’s complicated to file these insurance claims yourself. If you don’t know the law in New York, you can easily cause serious problems with your claims and even lose tens of thousands of dollars worth of insurance benefits.
  • Even if you only had a minor injury, you will get a lot less money (many times the legal fee) for pain and suffering than if you are represented by a bicycle accident lawyer. See if the injury you think is minor is really a serious injury.

You will be better off contacting a bicycle accident lawyer in New York before you start and give up because you’ll find it is complicated, the insurance company will give you a hard time, and you can easily create errors that can cost you the loss of important benefits worth a lot of money or even lose your whole case.

This bicyclist had a bicycle accident and wants to know how to file a bicycle accident claim yourself without a lawyer in New York

What to Say at the Hospital After a Bicycle Accident

After your bicycle accident, when you go to the hospital for medical treatment, tell the triage nurse and doctors that you were injured when you were hit by a car. But do not say how your bicycle accident happened.

Make sure you follow up with an orthopedic surgeon and/or neurologist or any other type of doctor you may need to see.

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First – Get a Copy of the Police Report

The first thing you need to do is to get a copy of the police report. You will need to get a copy of the police report as soon as possible to file several insurance claims.

See how to get a police report in New York City or how to get a police report for accidents on Long Island.

Why You Need to Get the Police Report Fast

You need to get a copy of the police report fast because, in New York, you only have 30 days to file a No-Fault claim unless you are able to submit written proof providing clear and reasonable justification for the failure to file a No-Fault claim within 30 days.

The insurance company for the car that hit you is the No-Fault insurance company, so you won’t be able to file a No-Fault claim without the police report.

Verify the No-Fault Insurance Company Listed on the Police Report

The police report indicates the name of the insurance company for the car that hit you, but car owners often change their insurance company, and the police report may have the previous insurance company.

You must verify active coverage with the insurance company. If the insurance was canceled and changed, you must locate the correct insurance company within 30 days to file a No-Fault claim with the correct insurance company.

If the insurance was canceled but not replaced, you must file a No-Fault claim with NYS MVAIC within 30 days.

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Second – File a No-Fault Insurance Claim for a Bicycle Accident

The second thing you need to do is file a No-Fault claim within 30 days of your bicycle accident. Read about No-Fault claims in New York.

You can use the New York No-Fault application form to file your No-Fault claim.

In New York, No-Fault pays for the ambulance, medical treatment, prescription drugs, lost wages or lost income, taxis to and from doctors, household help, and more. No-Fault also partially pays for funeral expenses when a bicyclist is killed because of an accident with a car. If a bicyclist is killed, you should also see information about a wrongful death claim.

If you or a family member you live with owns a car, you should also file a No-Fault claim within 30 days of your bicycle accident with the person’s insurance company.

What Should a No-Fault Insurance Claim Letter Say?

Our No-Fault claim letters include a little more, but the following is the minimum you should put in your No-Fault claim letter:

Date

XYZ Insurance Co (this is the insurance company for the car that hit you)
233 Insurance Way
The Bronx, NY 10467 (or wherever)

To whom it may concern:

I was injured in a bicycle accident when I was struck by a car on (enter date) at or near the location of (enter the location). I was treated at (enter the name of the hospital).

I hereby make a claim in writing for all applicable No-Fault, uninsured, underinsured motorist, and Med Pay benefits. Enclosed is a copy of the police report.

Please note that you are not to pay any money in Med Pay benefits unless it is paid directly to me for reimbursement of medical costs not covered by No-Fault.

If there is any additional information, completed forms, or statements required, please advise in writing immediately. Proof of claim must only be made upon forms you furnish if furnished within 15 days of receiving this notice of claim.

Sincerely,
(Sign the letter here)
First name Last name

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How to File a No-Fault Insurance Application for a Bicycle Accident Claim

The No-Fault insurance law is known as Regulation 68 and requires that written notice must be made to the No-Fault insurance company providing details that are sufficient to identify the eligible injured person, along with reasonably obtainable information regarding the time, date, location, and circumstances of the accident.

If you do not have all of the information, you should file a No-Fault claim with an explanation of why you do not have all of the information and what you are doing to get it.

If you have sent a letter to file your No-Fault claim, the insurance company will send you their No-Fault application. You should fill out and return the No-Fault application immediately.

Note: For the accident description on your No-Fault application, just enter “Bicycle accident with a car” or “Bicycle accident with a truck,” etc.

How to Get Lost Wages With a Bicycle Accident Claim

The No-Fault application will have a section asking for information about your employment. Fill that out.

No-Fault insurance will pay for 80% of your lost wages. To get the other 20% of your lost wages, you must file a New York Disability claim form DB-450 within 30 days of your bicycle accident. The directions to fill out and file this claim form are on the form.

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Third – File an Underinsured/Uninsured Claim for a Bicycle Accident

If you or a family member you live with owns a car, you should also file an uninsured and underinsured claim within 90 days of your bicycle accident with your or your family member’s insurance company. This claim can also be filed after 90 days in rare instances if there is a really good reason.

See how to find out how much money uninsured and underinsured coverage can give you.

Note: You should file an uninsured and underinsured claim even if you do not think you are entitled to uninsured or underinsured coverage. It is a big mistake to assume you do not need to file.

Your uninsured and underinsured claim notice must clearly state that you are making an uninsured and underinsured claim. Like the No-Fault application, your claim letter should provide sufficient details to identify the injured person, the time and date of the accident, the location of the accident, and the circumstances of the accident. (For this notice, we give a general description, like it was a car that struck a bicyclist.)

What Should an Uninsured and Underinsured Insurance Claim Letter Say?

An uninsured and underinsured claim letter should be mailed by USPS Certified Mail Return Receipt Requested within 90 days of your bicycle accident.

Our uninsured and underinsured claim letter includes a little more, but the following is the minimum you should put in your uninsured and underinsured claim letter:

Date

XYZ Insurance Co (this is your or your family member’s insurance company)
233 Insurance Way
The Bronx, NY 10467 (or wherever)

To whom it may concern:

I was injured in a bicycle accident when I was struck by a car on (enter date) at or near the location of (enter the location). Enclosed is a copy of the police report.

I hereby make a claim in writing under the SUM, Uninsured, and/or the Underinsured Motorist Endorsement of all insurance policies available to me for each uninsured and underinsured tortfeasor.

Please acknowledge this claim in writing.

Sincerely,
(Sign the letter here)
First name Last name

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Fourth – File a Liability Insurance Claim for a Bicycle Accident

Adults have three years from the date of a bicycle accident to file a lawsuit for personal injury. Personal Injury lawyers typically file a claim letter with the liability insurance company before filing a lawsuit, but a lawsuit can be filed without filing a claim letter.

You never, ever want to wait anywhere near three years from the date of a bicycle accident to file a claim letter or even a lawsuit.

To send a claim letter, you want to send it to at least the insurance company for the car that hit you. We send a claim letter to the driver of the car, the insurance company for the driver, the owner of the car, and the insurance company for the owner of the car.

What Should a Liability Insurance Claim Letter Say for a Bicycle Accident?

Our claim letters are several pages long and include a litigation hold letter regarding the spoliation of evidence with regard to the vehicle data, video, and more. We are not including much of it here because we view the information as confidential and proprietary information that we do not want other lawyers to use. Additionally, it is too complicated for someone who is not a lawyer.

However, if you really insist on doing this yourself, you can just send this simplified version of a claim letter stating the following:

Date

XYZ Insurance Co (this is the insurance company for the car that hit you)
233 Insurance Way
The Bronx, NY 10467 (or wherever)

To whom it may concern:

I was injured in a bicycle accident when I was struck by your insured’s car on (enter date) at or near the location of (enter the location). Enclosed is a copy of the police report.

I am making a claim for personal injuries caused by your insured’s negligence in the operation, ownership,  maintenance, and control of the insured motor vehicle.

Please provide me with a claim number and the name of your claims representative so I may send you copies of my medical records, and we can attempt to settle my claim amicably.

Sincerely,
(Sign the letter here)
First name Last name

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How to Get a Copy of Your Hospital and Medical Records

After your liability claim for your pain and suffering is set up, the insurance company for the car that hit you will need to get a copy of your medical records.

The easy way is to sign an authorization allowing the insurance company for the car will need to get a copy of your medical records.

You can also get a copy of your medical records yourself and send them to the insurance company for the car that hit you. See how to get a copy of your medical records.

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Phil Franckel is a well-known personal injury lawyer in New York since 1989. He is a Founding Partner of 1-800-HURT-911, LLP®, the Personal Injury Dream Team™, and a former Member of the Board of Directors of the New York State Trial Lawyers Association. He has an Avvo Top 10  Rating, Avvo Client’s Choice Award with all 5-star reviews, Avvo Top Contributor Award, Multi-Million Dollar Trial Lawyers Award, and others. See Mr. Franckel’s bio for areas of expertise.

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Philip L. Franckel, Esq. is one of the HURT911® Dream Team™ Founding Partners at 1-800-HURT-911® New York; He has a 10 Avvo rating; Avvo Client’s Choice with all 5-star reviews; Avvo Top Contributor; and a former Member of the Board of Directors of the New York State Trial Lawyers Association.

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Robert Plevy, Esq. is one of the HURT911® Dream Team™ Founding Partners at 1-800-HURT-911® New York. Rob began his legal career in 1993 as an Assistant Corporation Counsel defending The City of New York against personal injury lawsuits.

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