No-Fault coverage is statutory required coverage afforded to the injured cyclist (the same as a pedestrian) from the vehicle that came into contact with the bicyclist.
The No-Fault claim is seperate from the liablity bodility injury claim. For example, if one were operating a motor vehilce and in an accident with another vehicle, No-Fualt benefits would be collected from your own insurance company. However, when on a bicycle, No-Fault is provided by the vehicle that you were in contact with regardless of fault.
No-Fault specifically provides coverage for “necessary medical expenses” and a portion of lost earnings ($2,000 per month or 80% of your income, which ever is less). Minimum coverage in New York State is $50,000 per individual.
The No-Fault claim must be timely filed with the insurance company for the vehicle involved within thirty (30) days from the date of accident. All medical bills must be submitted for payment within forty-five (45) days of given treatment.
No-Fault coverage in a motor vehicle related accident is primary over all other forms of medical coverage, so therefore it is important to timely and properly file and secure the No-Fault claim and coverage.
A common mistake by cyclists in motor vehicle related accidents, is to give your regular heath insurance to the hospital or ambulance. If there is a determination that the accident arose out of the use or operation of a motor vehicle, your insurance should properly deny the claim, as No-Fault is primary over all other coverage in a motor vehicle – bicycle related accident.
It is also important that your medical providers bill No-Fault pursuant to an assignment of benefits form. This allows the medical provider to bill No-Fault directly. If a medical proider has billed pursuant to an assignment of benefits, the patient is not responsble for non-payment, unless there is a denial for failure to cooperate in the No-Fault claim (not attending a physical examination or Examinatioin Under Oath, if requested).
If the motor vehicle involved does not have active coverage, then you would qualify for an uninsured motorist claim. Please see our separate page on this topic. If the accident involves a hit and run and the offending motor vehicle remains unidentified, please see our separate page on “hit and run” motor vehicle related accidents.