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New York uses a relatively unusual car insurance system. Every driver is required to purchase no-fault insurance. This means if they are involved in a car accident that involves no injuries or only minor injuries, they can’t file a lawsuit against the at-fault driver.  

Instead, their medical bills and lost wages are covered by their personal injury protection (PIP) policy. 

While this system works reasonably well for standard car accidents, it may not always be ideal for pedestrian accidents. Pedestrians may not have car insurance policies, which means they can’t file an insurance claim against their PIP policy. 

What are your legal options if you are a pedestrian who is hit by a car in NYC? And what should you do to protect those options? 

FAQ: What to Do After a Pedestrian Accident in New York City 

What should I do immediately after being hit by a car in NYC?

Call 911 right away to report the accident and get medical attention, even if your injuries seem minor. Medical records are essential evidence for your insurance claim or lawsuit. If possible, take photos and collect the driver’s and witnesses’ contact information. 

Who pays for my medical bills after a pedestrian accident in New York

Under New York’s no-fault insurance system, the driver’s PIP insurance generally covers your medical bills and lost wages—regardless of fault. If the driver is uninsured or fled the scene, you may file a claim with your own PIP policy or through the Motor Vehicle Accident Indemnification Corporation (MVAIC).

Can I sue the driver who hit me as a pedestrian in NYC?

Yes. You can file a lawsuit if your injuries meet New York’s “serious injury” threshold, which includes broken bones, disfigurement, permanent disability, or significant medical impairment. Because pedestrian accidents often cause severe injuries, most victims qualify to sue for additional damages.

What if the driver who hit me fled the scene or didn’t have insurance?

If the driver can’t be identified or is uninsured, you can seek compensation through the MVAIC, a state-funded program that helps victims of hit-and-run or uninsured drivers. You’ll need to file your claim quickly—working with an attorney can ensure you meet all filing deadlines.

Do I need a lawyer after being hit by a car in NYC?

Yes. New York’s pedestrian accident laws and insurance system can be complex. An experienced NYC pedestrian accident lawyer can handle your insurance claim, gather evidence, and pursue full compensation for your medical expenses, lost income, and pain and suffering. 

Filing an Insurance Claim 

If you are an injured pedestrian, you are legally permitted to file an insurance claim against the PIP policy of the driver who hit you, regardless of whether you or the driver was at fault in the accident. However, this assumes you know the identity of the driver and that they are insured. 

If the driver is uninsured or fled the scene of the accident, you have alternatives. If you or any member of your immediate family has a PIP policy, you can file a claim against that policy. However, if that isn’t an option, you can file a claim against the Motor Vehicle Accident Indemnification Corporation (MVAIC). 

Filing a Lawsuit 

You will probably also have the right to sue the driver who hit you. Under New York law, you can file a lawsuit against an at-fault driver for damages related to an accident if your injuries meet the serious injury threshold. Since pedestrians don’t have the protection of a vehicle, accidents frequently result in life-threatening injuries, so you will likely meet this threshold. 

What to Do to Protect Your Legal Rights 

While the system is designed to give you fair compensation after a pedestrian accident, your insurance claim is still primarily controlled by an insurance company. This results in a lot of red tape and the potential for your claim to be undervalued. To protect your legal rights, you should do all of the following after a pedestrian accident. 

Get Immediate Medical Attention 

Some accident victims may delay getting medical attention. This only benefits the insurance company. 

You need proof that your injuries were caused by the accident. The only way to get this proof is to have medical records that identify the cause of your injuries. The sooner you get those medical records, the stronger the evidence they provide. 

You should also get immediate medical attention for the sake of your health. If life-threatening injuries go untreated, you could die. Even if your injuries aren’t life-threatening, if they aren’t immediately treated, they could worsen, potentially causing lifelong complications. 

Gather Evidence if Able 

If you are physically able, you should take pictures of the accident scene and your injuries. You should also collect contact information for the driver and any witnesses to the accident. The more evidence you collect, the better it will support your claim. 

However, if you are seriously injured after the accident, you may be in no condition to collect evidence. If possible, ask someone you trust to do this for you. 

Furthermore, as the claims process continues, preserve all documentation related to your accident. Every piece of evidence you present to the insurance company strengthens your claim.  

Consult With an Experienced Pedestrian Accident Lawyer Right Away 

Pedestrian accident laws are complicated, especially when you are seriously injured. A pedestrian accident attorney can help you with everything that you can’t do for yourself. 

An experienced lawyer will independently investigate the accident, collecting important evidence and interviewing witnesses. Your attorney will also communicate with the insurance company on your behalf. 

Having a guide who understands the insurance system will help you cut through the confusing red tape and meet every deadline while fighting to obtain a fair settlement. 

After a Pedestrian Accident in NYC, Ask4Sam 

Pedestrian accidents in NYC can be life-changing events. They often cause life-threatening injuries that can be financially devastating. If you or a loved one is the victim of a pedestrian accident, you need an experienced legal team to help you get the compensation you need to recover from your injuries. 

Don’t wait after a pedestrian accident in NYC. Reach out to Silberstein & Miklos to schedule a free consultation as soon as possible.