Bike Crash Frequently Asked Questions:
What to do after a bicycle collision in NY?
What do after a Citi bike accident in NYC?
What is NY Bike Lawyers?
Answer: New York Bike Lawyers is the Personal Injury Law Firm of Flanzig and Flanzig, LLP. Partner Daniel Flanzig, an avid cyclist and bi-athlete noticed an obvious gap in the legal community for law firms who concentrate on promoting cycle safety and who also focus in representing the interest of injured cyclists. Together with his partner and sister Cathy Flanzig, they created New York Bike lawyers using their combined 48 years of legal experience and the firms 50 year history of representing injured New Yorkers to create a new and unique branch of their firm.
In what area of New York do you represent clients?
Answer: We represent clients in Brooklyn, Bronx, Manhattan, Queens, Staten Island, Westchester, and Long Island. We are available to meet with you in our downtown Manhattan office or in our Long Island location. This gives us the ability to service all of our clients in the Metropolitan area. Our client base actually reaches the entire United States. Some of our clients are even international, residing in Latin America, the U.K. and other parts of Europe as well as the Middle East. If a visitor is injured while in New York, we can represent them. Whether they are a competitive rider or rented a bike in central park or through the soon to be launched "bike share" program, they can retain our services to pursue the claim in the New York Courts.
If I am in a bike crash do I need a lawyer?
A: If the crash is serious we would suggest you do. We offer free consultations so there is no harm in calling or e-mailing, we are happy to provide some guidance. It is also important to contact an attorney because there are many instances that require immediate action. No-Fault claims must be filed in 30 days of the crash. In order to do that, you need to identify the other driver and their insurance company. Cases involving a municipality, such as the City of New York, usually require a Notice of Claim to be filed within 90 days of the incident. In addition, prompt investigation, photography, and other data needs to be obtained as soon as possible. If the case involves a road defect or construction location, the condition can change within hours.
What if I can't afford a lawyer?
Answer: That's not a problem at all. We work on what known as a contingency fee basis. A contingency fee means we only get paid if we make a recovery on your behalf. If we are not successful in resolving your case, there is no fee. So really there is no financial risk in contacting us. In addition, we layout the costs associated with the prosecution of your case such as Court fees, deposition costs, medical records, experts and investigation. These costs are deducted from the recovery when the case is settled or tried to verdict. The agreement on fee arrangements and expenses is set forth in our retainer agreement, which is in compliance with the New York State Office of Court Administration rules governing attorney's fees and compensation.
If I am involved in a Bike Crash who is responsible for my Medical Bills?
Answer: Who pays your medical bills depends who you are involved in the crash with and how it occurred. If it involved a car, truck or bus, then that vehicles no-fault coverage will be responsible to pay for all "reasonable and necessary medical expenses" related to the crash as well as your lost wages. If the crash occurred unrelated to another motor vehicle, the medical expenses may become part of your damages from the lawsuit. These are what we call "special damages" in addition to any claim for pain and suffering.
If I pursue a claim against the driver, what happens to him or her?
Answer: When you bring a lawsuit against a driver or property owner who causes your injury, in almost all cases, their insurance company must cover the payments made to the injured person. If a lawsuit is filed, the cost of defense is also paid by the insurance company usually with no additional expenses to the insured.
What type of damages can be recovered in a bike crash case?
Answer: New York law allows recovery for medical expenses that are not covered by a collateral source (health insurance or no-fault), as well as lost wages, pain and suffering, loss of enjoyment of life, property damage, and other non-economic damages. Claims for lost wages, pain and suffering and medical expenses encompass both past and future damages. You can also recover for the property damage to your bike.
What if I am involved in a hit-and-run crash?
Answer: These are complicated cases and you need an experienced attorney who is not just familiar with bike and cycling accidents, but also the ins and outs of insurance claims and insurance policies. In most cases, you can make a claim. Even if there is no contact, you still may be able to make a recovery. If you own a motor vehicle or someone in your household does, you may be able to make a claim with that automobile insurance company under the underinsured or uninsured (SUM) provision of the policy. This is an area of law that not all attorneys are familiar with.
Should I call the police after a crash occurs?
Answer: If you are injured or not sure of the extents of your injuries, I would say it is very important to call the police immediately and file a police report. Sometimes the police will not do it, especially if they see no visible sign of injury. If they won't, insist or ask for a supervisor. Later on, this can become critical. You might think you are ok at the scene but you may regret it later. Make sure the report has as much detail about the other vehicle as possible.
What if the insurance company for the vehicle or other entity that caused my injury calls me, should I talk to them?
Answer: We suggest you don't. Remember, as nice as the other person is on the other side of the phone, there goal is to minimize your claim. Their goal is to resolve your claim for the least amount possible and hope you don't contact an attorney. Get their information and contact our office. It is our job to deal with them; it is your job to work on your recovery. If the situation is one that doesn't require our service, I will be the first to tell you. If this is the case, you can then continue your communication directly with the company.
How long will my case take?
A: We used to be able to answer this question with certainty but with all the new budget cuts in New York State, the system has definitely slowed down. From the time we first meet, till the time we are picking a jury for your trial, the time averages about 18 months. Remember, we are a trial firm. That means we prepare every case likes it's going to trial and we try our cases ourselves where other firms retain outside trial counsel. Now this doesn't mean your case won't settle before trial, as most cases do. A settlement can be reached at any stage. However dealing with a law firm that is known by the insurance companies to take a verdict helps you obtain a maximum recovery. We keep you advised of all reasonable offers and help guide you in deciding whether the settlement is in your best interest weighing all factors involved.
What is my role in the case?
Answer: After we meet (some intakes can even been done through the mail or via email) your actual involvement is pretty limited. It is our opinion that your job is to work on your recovery, our jobs is to handle your claim. After the case is in suit, you will definitely be required to appear for a deposition and attend one or more physical examinations by the defendant's insurance company doctors. Until we reach trial, other than keeping us advised of the changes in your medical condition and or your doctors that is all the physical attendance that is required.
Why should I hire Flanzig and Flanzig, New York Bike Lawyers?
Answer: As a cyclists we understand cycling and how crashes occur. When this happens, our inside knowledge of cycling helps be better prepared to handle the case. Daniel Flanzig has been biking around NYC since he was in law school, before the advent of bike lanes and bike safety programs. Having had an encounter with more than one cab, he know the risks cyclists take just trying to ride to work. In addition, we are competent at handling significant personal injury accidents and obtain seven figure results for our clients. We are New York Trial Firm trying cases in all five boroughs Nassau, Suffolk, Westchester and in the United States Federal Courts. This is all we do and have done so throughout our fifty (50) year history. We pride ourselves on this history and tradition.
What types of bike crashs do you handle?
Answer: Bike accidents can happen several different ways. The most common is being struck by a vehicle. We also represent cyclist "doored" by taxis and cars, accidents that occur as a result of road defects and construction debris and conditions, and product liability cases involving defective bikes and associated parts and mechanisms. Our firm also handles a variety of other personal injury cases as well.
What other types of cases do you handle?
Answer: Our firm also handles a variety of other personal injury matters such as car accidents, construction accidents, premises defects, as well as motorcycle, scoter and vespa accidents. We also handle claims involving Nursing Home and Assisted Living Facility abuse and neglect. You can find more information on our other areas of practice by visiting Flanziglaw.com or nyelderabuse.com or by calling is at 1-866-Flanzig.
Disclaimer: Our office can be reached during regular business hours at 1 866 Flanzig or at info@Flanziglaw.com. This article does not create and attorney client relationship. As with all legal matters, you should contact an attorney in your jurisdiction that is familiar with the area of law in which you need assistance. You should make contact and seek advice as soon as possible as some claims have time limits and restrictions. Complete and accurate legal guidance cannot be guaranteed without a complete understanding of all aspects of your issue or potential claim.
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