These payments must occur automatically, regardless of who is at fault. Similar to injured bicyclists, an injured pedestrian must file an application for no-fault benefits with the insurance company for the automobile owner or driver. This must be done within 30 days of the date of the incident. We can help you fill out the forms. An injured pedestrian may also bring a personal injury case against the driver of the motor vehicle and its owner, provided that it can be shown that a “serious injury” has been incurred.

The definition of a “serious injury” is found in New York’s Insurance Law.  One additional thing to be aware of in pedestrian cases is that many busy intersections have traffic cameras. Obtaining video can be critical to your case, so please contact us as soon as possible after an accident so we can be sure that the video is saved for our examination. A prompt investigation is important to make sure that we gather all the evidence as soon as possible so we can obtain the best result possible for you.