Rochester’s bicyclists are vulnerable to very serious injury if struck by a motor vehicle.

They often have little safety equipment aside from a helmet, and it is not unusual for a bike rider’s injuries to cause them to miss time from work after being hit by a car.

Fortunately, there are multiple ways in which a bicyclist injured by a negligent motor vehicle driver may be able to recover at least part of his or her lost wages.

First, New York State requires that the initial lost wages of any bicyclist injured as a result of a collision involving a motor vehicle be paid by the No Fault insurance coverage available under the automobile insurance policy of the driver who struck the bicyclist.

While the exact amount available may vary depending on the coverage purchased by the driver, the mandatory minimum amount available is $2,000 per month.

This means that if the bike rider earned more than this, he or she may not receive full payment of lost wages from the No Fault insurer.

Bicyclists should also be aware that drivers are only required to have a total of $50,000 in No Fault insurance coverage, which is used to pay both lost wages and medical expenses.

Once this is exhausted, there may be no additional funds available from this insurance to pay lost wages.

If the bike rider was injured as a result of the driver’s negligence, however, he or she may also pursue a claim for lost wages as a part of any personal injury claim.

While the funds recovered through a personal injury lawsuit cannot duplicate funds already paid by the No Fault insurance, it may be possible to recover any lost wages not compensated through No Fault by means of a personal injury claim.

If you or a family member has been hit by a car while out biking, we are experienced personal injury lawyers who can help you.

Call us at 585-484-7432 with any questions.