Whose policy pays first
A pedestrian hit by a car in New York can usually claim no-fault benefits for medical care and lost earnings, generally through the policy on the vehicle that struck them, and in some situations through a household auto policy. People who do not own a car are often surprised to learn this. If the driver had no insurance or could not be identified, the Motor Vehicle Accident Indemnification Corporation, known as MVAIC, may be the place to turn, and it has its own short deadlines. A pedestrian accident claim for pain and suffering beyond no-fault generally has to meet the serious injury threshold.
Right of way and shared fault
Drivers generally have to yield to pedestrians in crosswalks, and turning drivers are a frequent source of these crashes. Crossing mid-block or against a signal does not automatically end a claim in New York, because fault is divided among those responsible rather than used as a bar. It can reduce the recovery, though, so the details of the crossing matter: the signal phase, the lighting, and what the driver could see. Insurers sometimes raise phone use or dark clothing. A clear account from neutral witnesses usually counts for more than either party's memory.
What we sort out early
We start by confirming which no-fault carrier should be billed, so providers stop sending statements to you. Then we look at the driver, the vehicle owner, and whether the driver was working at the time, because each can affect the coverage available. If a city vehicle was involved, or a public road condition is at issue, notice requirements may be short. We also ask about your recovery and your work, since those shape whether a claim beyond no-fault is worth pursuing. Pedestrian injuries are often more serious than they first appear, so we usually wait for the medical picture to settle before discussing what a claim might involve. In the meantime, the priority is keeping benefits flowing and evidence intact.
