Across New York, bicycle delivery workers face dangerous working conditions, often becoming victims of car accidents on the road. However, many fear interacting with the police, or even lawyers.
Knowing what to do in the hours and days afterwards can help protect your health and your legal rights. In this guide we teach you how to report an accident, get medical care, recover lost wages, and understand your rights regardless of your immigration status.
What should you do immediately after an accident?
In a conversation with Documented, Daniel Flanzig, the president and founder of the statewide non-profit New York Bicycling Coalition (NYBC), shared the most important steps:
- Call 911: If you are injured, request an ambulance. Police can help secure the scene, investigate what happened and document the collision.
- Get medical attention: Even if your injuries initially seem minor, seek medical evaluation. Some injuries may not appear right away.
- Document the accident: If you are physically able, take pictures or record the vehicle, its license plate, your bicycle, any injuries and the surrounding area. Include any road hazards, construction work or damaged pavement that may have contributed to the collision.
- Collect information: Ask the driver for their name, contact information, license plate number and insurance details. Get the contact information of any people who saw the accident.
- Look for nearby cameras: Businesses, bodegas and schools may have surveillance cameras that recorded the collision. Note their locations as soon as possible. Cameras don’t often have clear images, therefore, noting the license plate number of the car that hit you is crucial.
- Keep the police report number: Ask the responding officers how to obtain a copy of the accident report. You will need it as proof of what happened.
If you are unable to collect evidence because of your injuries, ask someone you trust or a witness to help, but prioritize your health.
Flanzig also advised cyclists not to make assumptions or admit to the police who was responsible for the crash before the circumstances have been investigated and before speaking to a lawyer.
What if the driver leaves the scene or refuses to provide insurance information?
Call 911 and provide as much information as you can about the vehicle, license plate, make, model, and color. If you can do so safely, take a picture of the vehicle. A license plate can help investigators trace the owner and the insurance, even if they refuse to give it to you or flee the scene.
If the driver leaves before the police arrive, give them the information you collected. The New York Motor Vehicle Accident Indemnification Corporation (MVAIC) can further help eligible people injured by uninsured or unidentified vehicles.
Can I file a police report if I’m undocumented?
Yes. Some immigrants hesitate to call the police because they fear being questioned about their immigration status or attracting the attention of immigration authorities.
However, according to the NYC Mayor’s Office of Immigrant Affairs, police officers do not ask crime victims, witnesses, or other people seeking assistance about their immigration status.
“It’s important to get the police involved,” Flanzig said, explaining that an official report can help establish what happened and identify the driver involved in the collision.
Does my immigration status affect my right to sue?
No. Immigration status does not automatically prevent someone from pursuing a personal injury lawsuit in New York, even if you are undocumented.
“The law recognizes everybody who lives in New York and is in this country, regardless of status, has an absolute right to bring a claim,” Flanzig said.
He explained that there have been cases of people who had to leave New York for different reasons, but could still pursue the case remotely via Zoom depositions.
Where can I get medical treatment if I don’t have health insurance?
New York City hospitals provide emergency care regardless of a person’s immigration status or ability to pay. If you are seriously injured, call 911 or go to an emergency room.
Who will pay my hospital bill if I can’t afford it?
Depending on the type of accident, cyclists may receive coverage through the insurance policy of the car that struck them. They may be responsible for your medical bills, your physical therapy, and, sometimes, your lost wages.
New York has a no-fault auto insurance system, meaning that after a qualifying accident, the insurance company covering the vehicle involved in the crash may help pay for certain expenses, regardless of who caused the collision.
For cyclists, this can be an important source of coverage. New York courts have recognized that cyclists struck by motor vehicles can qualify for no-fault benefits. However, it does not apply if the other driver has an out-of-state insurance policy or motorcyclists.
If you do not qualify for no-fault benefits, you may be able to seek compensation through the driver’s bodily injury insurance.
Is there a deadline to file a claim with insurance?
Under New York’s no-fault rules, written notice of a claim generally must be submitted within 30 days of the accident. Medical bills and lost-wage claims have separate submission deadlines.
There are also cases where an exception is given for medical reasons, or if the responsible driver can’t be found within those 30 days.
Does it matter if I’m working for a delivery app or if I’m an employee?
It’s important to understand what type of worker you are to know what support you qualify for:
- Traditional employees who file taxes with a W-2 generally pursue worker’s compensation through their employer when they’re injured on the job.
- Independent contractors file taxes using a 1099, making them the more typical status for app-based delivery workers. This can make things complicated, as delivery apps such as DoorDash don’t have standard employer liability the way a business would for a salaried employee.
If you were injured while making a delivery, consider contacting the New York State Workers’ Compensation Board to understand your options. They provide language assistance in at least 12 languages.
Here are some specific accident policies from DoorDash, Uber Eats, and GrubHub.
Can I receive financial assistance if I cannot work?
There are several possible avenues for assistance, depending on the circumstances:
- No-fault lost-wage benefits: Eligible injured cyclists may receive partial lost-earnings benefits under an applicable auto insurance policy, subject to deadlines. You should contact a lawyer as soon as you’re able.
- Workers’ compensation: Eligible employees injured while working may receive partial wage replacement and medical benefits. Contact your employer and keep proof of everything.
- Delivery platform insurance: Some platforms offer occupational accident coverage to eligible couriers. Check the policy and ask the company what documentation is required.
- Personal injury claims: Depending on the injuries and circumstances, an injured cyclist may be able to pursue a claim against the driver responsible for the collision.
Flanzig said documenting earnings is important when pursuing lost-wage compensation. Workers should preserve pay records, tax documents, delivery histories and other evidence of their income.
Where can I get free or affordable legal help?
If you were injured in a traffic collision, you do not necessarily have to pay an attorney upfront to discuss your legal options.
Many firms handle personal injury cases on a contingency-fee basis, meaning clients generally do not pay attorney fees upfront or out-of-pocket. Flanzig, who represents injured cyclists at his law firm New York Bike Lawyers, says the fee is typically paid at the end of the case based upon what they recover. His firm also has Spanish-speaking staff and provides information for injured cyclists.
The New York Bicycle Coalition is a nonprofit that advocates for bikers and pedestrians across New York. They provide resources, events, and education about bikers rights across the city. You can find information about them here.
Other organizations can help immigrant workers understand their rights:
- Worker’s Justice Project / Los Deliveristas Unidos: Organizes app-based delivery workers and provides information about their rights and working conditions. Visit workersjustice.org.
- NYC Mayor’s Office of Immigrant Affairs: Provides free immigration legal referrals through its hotline at 800-354-0365.
- New York State Workers’ Compensation Board: Provides information about filing claims, medical benefits and wage replacement. Call 877-632-4996 or visit wcb.ny.gov.
- NYC Health + Hospitals: Offers financial assistance and affordable medical care regardless of immigration status. Call 844-NYC-4NYC (844-692-4692) for general assistance.
- NYCOSH (New York Committee for Occupational Safety and Health): Provides workplace safety education and resources for workers. Visit nycosh.org.
