The growing popularity of e-bikes and e-scooters across New York State is undeniable. No longer just a New York City phenomenon, it’s rare to not see an e-bike at least once when commuting around the Hudson Valley cities of Newburgh, Kingston and Poughkeepsie.
Unfortunately, that has also led a rise in e-bike crashes, which, as we’ve covered in a previous blog post, present more like motorcycle crashes and less like bicycle crashes due to the size and force involved. A recent rule update from the New York DMV regarding accident reporting has brought both clarity and confusion to e-bike and e-scooter crash litigation.
In this blog post, we’re going to explain who must file a crash report, what legal options victims have in e-bike-involved crashes, how no-fault and comparative fault applies, what to do if damages exceed $50,000 and what coverages might apply from various insurance policies.
The New E-Bike Crash Reporting Rules for E-bikes and E-Scooters
In New York, effective immediately, if a crash involving an e-bike or e-scooter results in injury or death, a Report of Motor Vehicle Accident (Form MV-104) must be filed by each party involved, not just the driver of a car. A report must also be filed if property damage exceeds $1,000 to any one party. If someone is injured or killed in any accident, the police must be informed, and leaving the scene of such a crash is a crime.
That includes the following scenarios, if there is an injury and/or property damage above $1,000:
- Car hits e-bike/scooter: Both the car driver and e-bike operator must file a report
- Two e-bikes hit each other: Both operators must file a report
- E-bike or scooter in single-vehicle crash: The operator must file a report
- E-bike hits pedestrian: The e-bike operator must file a report
- Property damage only: If over $1,000 the party whose property was damaged must file
How E-Bike Riders Get Compensated for Injuries
If you’re injured while riding an e-bike or e-scooter, how you get compensated depends on how the crash happened.
If you get hit by a car, and you’re riding a Class 1 or Class 2 e-bike, the law sees you as a bicyclist or pedestrian. That means that you’re eligible for no-fault benefits up to $50,000 from the at-fault vehicle’s insurance, including medical expenses, 80% of lost wages up to $2,000/m, and household help.
If you’re riding a Class 3 e-bike, which reach up to 28 MPH, you’re in somewhat of a legal gray area. You may not be automatically covered by no-fault benefits, so you’ll have to sue the at-fault driver directly as a motorcyclist would.
What if your E-Bike Injuries or Damages Exceed $50,000
If your injuries are serious, then you can step beyond the no-fault system and sue for additional damages. That could mean that you suffered bone fractures, disfigurement, permanent limitation of a body part, disability lasting 90 out of 180 days post-accident, or worse. In this case, you can recover costs above $50,000, lost earnings, pain and suffering, and the loss of enjoyment of life and other non-economic damages.
What if You’re At Fault for the Crash?
In New York State, follow pure comparative fault: that means that you can recover damages even if you’re partially or mostly at fault. It just means your award will reduced proportionally; i.e. if you’re found 30% at fault and awarded $100,000, your actual compensation will be $70,000.
What If You’re a Driver Injured by an E-Bike Rider? Can You Get Compensation?
It’s less common, but it’s possible that as a motorist, you were injured in a crash caused by an e-bike rider’s negligence. For example, an e-bike could blow through a red light, swerve into traffic, and cause a crash.
If you’re a driver injured in this kind of crash, your options depend on the circumstances.
First of all, you’re covered under your own personal injury protection insurance for medical bills, lost wages and out-of-pocket expenses up to $50,000 regardless of fault. If your injuries exceed $50,000, and the e-bike rider was negligent, you may be able to seek damages from them directly. However, that is hamstrung by the fact that most e-bike riders do not carry e-bike insurance, and then you’re relying on their ability to pay. It’s possible that their home or renter’s liability insurance may cover some of your bodily injury damages and legal fees.
What If You’re an E-bike Rider, Cyclist or Pedestrian Injured by Another E-bike?
Collisions between e-bike riders and pedestrians, joggers and other cyclists are becoming all too common. These raise another set of legal questions, since most e-bikes operate without insurance, licenses or plates.
You may be able to sue the e-bike rider for compensation, including medical expenses, lost income, pain and suffering and emotional distress, through their home or renter’s liability insurance. However, if they have a Class 3 e-bike, it may be legally complicated.
If the e-biker flees the scene, you may be able to apply for a limited amount of Motor Vehicle Accident Indemnification Corporation compensation, especially if the rider was behaving in a way that mimicks motor vehicle behavior.
Have You Been in an E-bike Accident?
If there was an injury of any kind, or damage above $1,000, and you’re one of the drivers of a vehicle or e-bike or e-scooter, you should file an MV-104 report with 10 days. If there was an injury or death, you must notify police immediately.
If you’re an e-bike rider hit by a car, you may qualify for no-fault benefits if you’re on a Class 1 or Class 2 vehicle.
Overall, drivers and riders can protect themselves and their rights to compensation by documenting the accident clearly, early and through legal means like an MV-104 report or police notification.
Mainetti & Mainetti, P.C. has decades of experience helping injury victims across the Hudson Valley recover compensation after motor vehicle and e-bike accidents. Give us a call at 845-600-0000 to book a free personal injury law consultation.