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No fault - Bike Injury - Skull Fracture

From: debra
Category: Bicycle Injury


My son was a victim of hit and run while riding his bicycle at night. He did not get a license plate number or description of car. He suffered skull fracture and other injuries. Could he still put a claim into no fault insurance.


The answer is a bit complicated. The car has fled the scene. In a situation Thus, the injured party cannot file a claim with the other driver's liability insurance and may be able to file only a hit-and-run claim with his own insurer. There's still a possibility of finding the driver through witnesses or video cameras in the neighborhood. Not all hope is lost.

Who gets No-Fault?

New York No-Fault Law applies to any cyclist, pedestrian, passengers, or driver injured by a motor vehicle in New York user the following conditions:

The accident occurred in New York.
The injured party was the driver or passenger of the insured vehicle or a cyclist or pedestrian struck by or in contact with the motor vehicle.
The vehicle must be a car, truck, bus, taxi (not a motorcycle) or other vehicle covered by New York No-Fault law.
The vehicle is registered in New York.
The vehicle has an insurance policy sold in New York or issued by a company licensed to do business in the State of New York.




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