Hit as a pedestrian or cyclist in New York: what to do
Checked against official sources: Oct 24, 2026
In New York:
- Notice or claim deadline for your own PIP / no-fault benefits
- No-fault (PIP) is required: at least $50,000 per person in basic economic loss (medical bills, lost wages, other costs), paid by your own insurer whoever caused the crash.
- Written notice of claim before suing a city, county, state or other government body
- Before suing New York City or another public corporation, serve a written Notice of Claim within 90 days (General Municipal Law § 50-e), and sue within 1 year and 90 days (General Municipal Law §…
- Do this now
- Call 911. If you are hurt, stay still until help arrives unless you are in danger where you are.
Your medical bills are usually paid by the driver's liability insurance if the driver was at fault, and in some states first by PIP (your own auto policy's, or the policy on the car that hit you), whoever was at fault. Your health insurance, and any medical payments or uninsured motorist coverage on your own auto policy, may also apply.
More about this
Get medical care and a police report, keep your bike and clothing as evidence, and know that the driver's insurer may argue you were partly at fault; how much that matters depends on your state.
General legal information, not legal advice. RobinClaim is not a law firm.
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Choose your state and answer 3 quick questions. The plan below changes as you answer: steps that don't fit your answers are hidden, and your state's deadlines appear. It all happens in your browser. Nothing is sent, and the page address holds only your answers.
Your plan for New York
Do now
Call 911. If you are hurt, stay still until help arrives unless you are in danger where you are.
Why: Head, neck and internal injuries are common when a car hits a person and may not be felt right away.
Let paramedics check you, and go to the ER or a doctor the same day even if you feel OK.
Why: Medical records made right after the crash connect your injuries to it.
Get the driver's name, phone, address, driver's license number, plate number, and insurance company and policy number. Photograph their license, insurance card and plate.
Why: You need the driver's insurer to make a claim.
Tell police right away that the driver left, and give every detail you remember about the car (make, color, partial plate, direction) and the witnesses' contacts.
Why: Leaving the scene is a crime, and a prompt police report is often required for an uninsured motorist claim for a hit-and-run.
If you can, photograph the scene: crosswalk, signals, signs, lighting, the car, your injuries, and where you and the car ended up. Get witness names and phone numbers.
Why: Who had the right of way is often disputed; photos and witnesses help show it.
Ask the officer for the report number and how to get a copy of the report.
Why: Insurers use the police report to decide fault.
Keep your bike, helmet, lights and damaged clothing as they are; do not repair or throw them away yet. Photograph them.
Why: They are evidence of how the crash happened and part of your property damage claim.
Nothing extra here for your answers.
This week
Read your state's rule below on who pays PIP (no-fault) benefits to a pedestrian or cyclist, and file that claim in writing.
Notice or claim deadline for your own PIP / no-fault benefits
New York: No-fault (PIP) is required: at least $50,000 per person in basic economic loss (medical bills, lost wages, other costs), paid by your own insurer whoever caused the…
Why: In some states, PIP from your own policy, a household member's policy, or the policy on the car that hit you pays your medical bills first, whoever was at fault, and claims have short deadlines.
Open an injury claim with the driver's insurer, and ask for the claim number and adjuster. You do not have to give a recorded statement right away.
Why: If the driver was at fault, their liability insurance pays your medical bills, lost wages, pain and suffering and damaged property, usually in a settlement at the end.
If you or someone in your household has car insurance, call that insurer and ask whether your uninsured motorist, medical payments or PIP coverage covers you when you are walking or biking.
Why: Whether these coverages apply to you outside a car depends on your state and the policy wording, so ask and get the answer in writing.
Give your health insurance to every provider and keep every bill, record and receipt. See the plan on who pays medical bills after a crash for health plan repayment rules.
Why: Health insurance can pay while the auto claims are open, but it may ask to be repaid from a settlement.
Get the police report. If it has mistakes about the facts, ask the police department how to add your statement or request a correction.
Why: Insurers rely on the report, and a wrong fact (for example, which way the light was) can hurt your claim.
Ask nearby businesses, homes and the city or transit agency to keep any camera video of the crash (template below). Ask quickly.
Why: Many systems record over video within days or weeks.
Get a written repair estimate or replacement price for your bike and gear, and keep receipts for any rides, medical devices and other costs.
Why: You can claim property damage and costs you can prove.
Find out which government body owns the vehicle (city, county, transit agency, state) and check your state's notice-of-claim deadline below; file the written notice on time.
Why: Before suing a government body, most states require a written notice within a short time, sometimes 90 days or 6 months.
Get the company's name and its insurer from the police report or the driver; for a rideshare, report it in the app and ask for the claim contact.
Why: A company vehicle or a rideshare trip may have commercial insurance with higher limits.
Nothing extra here for your answers.
If it's not resolved
If the insurer says you were partly at fault (for example, you were outside a crosswalk, or riding without lights), check your state's comparative fault rule below.
Why: In most states your share of fault reduces what you get; in a few, any fault can bar you (DC has an exception for pedestrians and cyclists).
Do not settle until your treatment is finished or your doctor can say how you will recover, and check any health plan repayment claim first.
Why: A signed release usually ends your claim.
If an insurer delays or denies payment without a clear reason, see the plan for a denied insurance claim and complain to your state insurance department.
Why: State insurance departments handle these complaints for free.
For bike or other property damage the driver's insurer won't pay, you can sue the driver in small claims court up to your state's limit.
Why: Small claims is low-cost and built for people without lawyers.
Watch your state's deadline to sue for a personal injury. Talk to a lawyer well before it.
New York: 3 years
Why: After the deadline you usually lose the right to sue.
Nothing extra here for your answers.
Deadlines
Notice or claim deadline for your own PIP / no-fault benefits
General rule: Set by your policy and, in some states, by law (for example, a written no-fault claim within 30 days in New York; first medical care within 14 days to use PIP medical benefits in Florida; 60 days to choose PIP benefits in DC). See state.
In New York:
No-fault (PIP) is required: at least $50,000 per person in basic economic loss (medical bills, lost wages, other costs), paid by your own insurer whoever caused the crash. File a written no-fault claim within 30 days of the crash. You can sue another driver for pain and suffering only for a 'serious injury' (death, dismemberment, significant disfigurement, a fracture, loss of a fetus, permanent loss of use, permanent consequential limitation, or significant limitation of use), or for economic loss above the no-fault benefits. Damage to your car is still claimed from the driver who caused the crash.
Law: N.Y. Ins. Law §§ 5102, 5103, 5104 · checked Oct 2026 · Official source · From Accident Claim Map: New York
Written notice of claim before suing a city, county, state or other government body (for example, a crash with a government vehicle or bus)
General rule: Often much shorter than the deadline to sue (for example, 90 days in New York, 6 months in California and DC). See state.
In New York:
Before suing New York City or another public corporation, serve a written Notice of Claim within 90 days (General Municipal Law § 50-e), and sue within 1 year and 90 days (General Municipal Law § 50-i).
Law: CPLR § 214(4), (5) · checked Oct 2026 · From Accident Claim Map: New York
Deadline to sue for a personal injury
General rule: see state
Deadline to sue for damage to your car or other property
General rule: see state
Report a hit-and-run to police (often required for an uninsured motorist claim)
General rule: As soon as possible; some states and policies require it within 24 hours. See state.
In New York:
If you are hurt by an uninsured or hit-and-run driver, report the crash to police within 24 hours and file your no-fault claim with the Motor Vehicle Accident Indemnification Corporation (MVAIC), 110 William St., 19th Floor, New York, NY 10038, (646) 205-7800.
Penalties for the driver and other details
Driving without insurance is a traffic infraction: fine of $150-$1,500 and/or up to 15 days in jail, plus a civil penalty (VTL § 319). In lawsuits filed on or after May 26, 2026, an injured person who is at fault (but not barred) and was driving uninsured (unless the lapse was under 30 days) can recover at most $100,000 for pain and suffering (Ins. Law § 5104(d)).
Law: VTL § 319 · checked Oct 2026 · From Accident Claim Map: New York
Key facts for New York
RobinClaim
- PIP for pedestrians and cyclists
- The New York Department of Financial Services says a pedestrian files the no-fault claim with the insurer of the car that struck them. If you do not know which vehicle hit you, or it was uninsured, file with the insurer of a household relative's auto policy; if no one in your household had a policy, file with the Motor Vehicle Accident Indemnification Corporation (MVAIC). File the written claim within 30 days of the crash. Law: N.Y. Ins. Law §§ 5102-5103; NY DFS, Consumer FAQs About No-Fault Insurance · Official source
checked Oct 2026
Accident Claim Map
- Fault or no-fault state
- No-fault
- Shared fault rule
- Modified (51% bar) for injury; pure comparative for property
- Deadline to sue: injury
- 3 years
- Deadline to sue: car damage
- 3 years
Accident Claim Map: New York · checked Oct 2026
Small Claims Map
- Most you can sue for
- $10,000
- Court
- small claims court
- Filing fee
- $10–$20
- Lawyers
- Optional
Documents to gather
- Police report number and copy
- Driver's name, license, plate, insurance company and policy number
- Photos of the scene, signals, the car, your injuries, and your bike and gear
- Witness names and phone numbers
- Medical records and itemized bills
- Your (or your household's) auto policy declarations page
- Receipts and estimates for your bike, clothing, phone and other property
- Letters you sent asking businesses or agencies to keep video
Letters you can send
Fill in the boxes; the letter updates as you type. When every box is filled, download it as a PDF.
Request to keep camera video of a crash
Ask a business, property owner or public agency to save camera footage of the crash before it is recorded over.
[Date of the letter] To: [Who you are writing to (name or office)] [Their mailing address] On [Date of crash] at about [Time of crash], I was hit by a car at [Crash location]. Police report: [Police report number]. Your cameras may have recorded the crash. Please save any video from 30 minutes before to 30 minutes after that time and do not let it be recorded over. Please tell me how I, the police or an insurer can get a copy, and whether you need a written request from the police. Thank you. [Your name] [Your address (where they should reply)] [Your phone] [Your email]
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Other formats
Sign it, keep a copy, and send it by certified mail with a return receipt so you can prove it was delivered.
Notice of injury and property claim to the driver's insurer
Tell the driver's insurer in writing that you were hit while walking or biking and are making a claim.
[Date of the letter] To: [Insurer name] [Their mailing address] Re: Your insured [Insured name], crash on [Date of crash] at [Crash location], police report [Police report number], claim [Claim number] On [Date of crash], your insured's vehicle hit me while I was walking or riding at [Crash location]. My injuries include: [Injury description]. Damaged property: [Property damage]. I am still being treated. I am making a claim for my injuries and property damage, and for any PIP or medical payments benefits your policy provides to a pedestrian or cyclist. Please confirm the claim number and adjuster in writing, tell me which coverages apply, and send any settlement proposal or release to me in writing. [Your name] [Your address (where they should reply)]
By downloading, you agree that we save the details you entered, as explained in our Privacy Policy.
Other formats
Sign it, keep a copy, and send it by certified mail with a return receipt so you can prove it was delivered.
Where to go
- Local911 / police
Right away, and to report a driver who left
- StateYour state insurance department (consumer complaints)
An insurer delays, underpays or denies your claim without a clear reason
Check your state.
- LocalThe government body that owns the vehicle (claims office)
A city bus or other government vehicle hit you: file the written notice of claim
Check your state.
- LocalSmall claims court in your state
The driver will not pay a small claim (for example, your deductible or bike repair)
Small Claims Map: New York
- FederalLegal aid (Legal Services Corporation finder)
You cannot afford a lawyer and need advice
Costs
PIP, medical payments, uninsured motorist and liability claims cost nothing to file. Small claims filing fees are usually tens of dollars (see the smallclaimsmap link for your state), and you can ask the court to waive them if you cannot afford them. Injury lawyers usually work on a contingency fee (a share of what you recover); ask for the terms in writing.
Talk to a lawyer if
- You were seriously hurt or someone died
- The driver's insurer says you were partly or fully at fault
- A government vehicle, bus, commercial truck or rideshare was involved
- The driver left and was not found, and your insurer disputes uninsured motorist coverage
- You live in a state where any fault on your part can bar recovery
- Your losses are larger than the driver's insurance limits, or your deadline is close
Free help
Free legal aid: the Legal Services Corporation's 'I Need Legal Help' page (lsc.gov) finds the legal aid office for your area, and LawHelp.org lists free legal help by state. Many state bar associations run lawyer referral services with low-cost first meetings. Your state attorney general or consumer protection office takes consumer complaints for free (find it on USA.gov).
Guides for your state
- Your state's insurance system: PIP and no-fault rules
- Your state's comparative fault rule
- How to get the police report in your state
- Deadlines to sue, including notice before suing a government body
- If the driver had no insurance or left: your state's rules
- Small claims in your state: limit, filing fee, deadlines
- All topics for New York (RobinClaim)
Guides for every state
Questions
Notice or claim deadline for your own PIP / no-fault benefits in New York: what is the rule?
No-fault (PIP) is required: at least $50,000 per person in basic economic loss (medical bills, lost wages, other costs), paid by your own insurer whoever caused the crash. File a written no-fault claim within 30 days of the crash. You can sue another driver for pain and suffering only for a 'serious injury' (death, dismemberment, significant disfigurement, a fracture, loss of a fetus, permanent loss of use, permanent consequential limitation, or significant limitation of use), or for economic loss above the no-fault benefits. Damage to your car is still claimed from the driver who caused the crash. (N.Y. Ins. Law §§ 5102, 5103, 5104)
Written notice of claim before suing a city, county, state or other government body in New York: what is the rule?
Before suing New York City or another public corporation, serve a written Notice of Claim within 90 days (General Municipal Law § 50-e), and sue within 1 year and 90 days (General Municipal Law § 50-i). (CPLR § 214(4), (5))
What is the deadline to sue for a personal injury in New York?
3 years
What is the deadline to sue for damage to your car or other property in New York?
3 years
Report a hit-and-run to police in New York: what is the rule?
If you are hurt by an uninsured or hit-and-run driver, report the crash to police within 24 hours and file your no-fault claim with the Motor Vehicle Accident Indemnification Corporation (MVAIC), 110 William St., 19th Floor, New York, NY 10038, (646) 205-7800. (VTL § 319)
When should I talk to a lawyer?
You were seriously hurt or someone died; The driver's insurer says you were partly or fully at fault; A government vehicle, bus, commercial truck or rideshare was involved; The driver left and was not found, and your insurer disputes uninsured motorist coverage; You live in a state where any fault on your part can bar recovery; Your losses are larger than the driver's insurance limits, or your deadline is close.
How much does it cost?
PIP, medical payments, uninsured motorist and liability claims cost nothing to file. Small claims filing fees are usually tens of dollars (see the smallclaimsmap link for your state), and you can ask the court to waive them if you cannot afford them. Injury lawyers usually work on a contingency fee (a share of what you recover); ask for the terms in writing.
Plans by state
Open the plan with one state's rules filled in:
Sources
- D.C. Code § 50-2204.52 (contributory negligence limitation for pedestrians and cyclists)
- D.C. Code § 31-2404 (personal injury protection)
- Florida Statutes § 627.736 (PIP benefits)
- Hawaii HRS § 431:10C-305 (PIP source of payment)
- Kansas K.S.A. 40-3109 (PIP: who is covered)
- Kentucky KRS 304.39-050 (priority of security; pedestrians)
- Maryland Insurance § 19-505 (PIP coverage)
- Massachusetts G.L. c. 90, § 34A (PIP definition; pedestrians incl. bicyclists)
- Michigan MCL 500.3114
- Michigan MCL 500.3115 (non-occupants)
- Minnesota Stat. § 65B.47 (priority of applicability)
- NY Department of Financial Services: Consumer FAQs About No-Fault Insurance
- North Dakota N.D.C.C. ch. 26.1-41 (no-fault)
- Oregon ORS ch. 742 (PIP, 742.520)
- Pennsylvania 75 Pa.C.S. § 1713 (source of benefits)
- Texas Department of Insurance: Auto insurance guide
- Utah Code § 31A-22-308 (persons covered by PIP)
- Washington RCW 48.22.005 (PIP definitions)
- Delaware 21 Del. C. § 2118 (PIP)
- NJ DOBI Auto Insurance Buyer's Guide 2026
- Legal Services Corporation: I Need Legal Help
- NJ Legislature: S3167 (2026), statement describing current PIP 'pedestrian' rule
- Washington RCW 48.22.085 (PIP must be offered; written rejection)
All sources (23)
- D.C. Code § 50-2204.52 (contributory negligence limitation for pedestrians and cyclists)
- D.C. Code § 31-2404 (personal injury protection)
- Florida Statutes § 627.736 (PIP benefits)
- Hawaii HRS § 431:10C-305 (PIP source of payment)
- Kansas K.S.A. 40-3109 (PIP: who is covered)
- Kentucky KRS 304.39-050 (priority of security; pedestrians)
- Maryland Insurance § 19-505 (PIP coverage)
- Massachusetts G.L. c. 90, § 34A (PIP definition; pedestrians incl. bicyclists)
- Michigan MCL 500.3114
- Michigan MCL 500.3115 (non-occupants)
- Minnesota Stat. § 65B.47 (priority of applicability)
- NY Department of Financial Services: Consumer FAQs About No-Fault Insurance
- North Dakota N.D.C.C. ch. 26.1-41 (no-fault)
- Oregon ORS ch. 742 (PIP, 742.520)
- Pennsylvania 75 Pa.C.S. § 1713 (source of benefits)
- Texas Department of Insurance: Auto insurance guide
- Utah Code § 31A-22-308 (persons covered by PIP)
- Washington RCW 48.22.005 (PIP definitions)
- Delaware 21 Del. C. § 2118 (PIP)
- NJ DOBI Auto Insurance Buyer's Guide 2026
- Legal Services Corporation: I Need Legal Help
- NJ Legislature: S3167 (2026), statement describing current PIP 'pedestrian' rule
- Washington RCW 48.22.085 (PIP must be offered; written rejection)
Plan checked Oct 2026. Independently fact-checked 2026-10-24.
This plan is general legal information, not legal advice. RobinClaim is not a law firm. Laws and deadlines change and have exceptions: check with the official source or a lawyer or legal aid office about your own case. How we research.