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March 26 2015 by Thomas Crash Report

Hi Thomas, 

Getting the driver's insurance company to reimburse you for property damage can be a long and painful process itself. Here's what NYC bike lawyer Steve Vaccaro had to say on the subject (via Gothamist):

This might not be easy. Unlike the no-fault [medical] claim, the property damage claim is based on fault. The insurance company will record everything you say on the phone and may try to trick you into admitting fault. Vaccaro recommends preparing a set of written talking points for this phone call and sticking to them.

The insurance company will possibly contest the damage, say the value of of your bike or computer or other valuable has depreciated, and otherwise try to get off the hook for as much as possible. Find receipts, drink some herbal tea, get back in touch with the insurance company, ask to be transferred to the property claims division, and prepare for a long slog of bureaucracy. Namaste.

And if your property damage claim is denied, be sure you do NOT sign a release of your personal injury claim when agreeing to release your property damage claims.

You may want to contact an attorney for a consultation regardless to help shepherd you through this process and assist you in case delayed onset injury occurs.

Good luck!

The information on this site does not constitute legal or medical advice and is for informational and educational purposes only. It is not a substitute for the professional judgment of a legal or healthcare professional, and should not be relied on for legal or medical advice, nor does it create an attorney-client relationship.

March 21 2015 by Shirley M.

Hi Shirley,

While it's definitely frustrating, it's not uncommon for traffic courts to reschedule hearings multiple times, with court dates sometimes postponed as far as two years beyond the date of issuance. 

The silver lining is that with long delays, testimonies gets hazier and judges are more likely to throw citations out. 

Good luck and ride safe.

BikeNYC

The information on this site does not constitute legal or medical advice and is for informational and educational purposes only. It is not a substitute for the professional judgment of a legal or healthcare professional, and should not be relied on for legal or medical advice, nor does it create an attorney-client relationship.

March 17 2015 by George Failure to Yield

Hi George,

We can't advise on whether the DMV has the resources and/or ability to track you down based on faulty identification info.

While some bike laws on the books are arbitrarily enforced and excessively punitive, failure to yield to pedestrians citations exist for a valid reason: to protect the most vulnerable users on the road. So if you are guilty of cutting off a pedestrian, you should pay up. If you are not guilty, you should contest the citation, providing whatever documentation you can. But sticking your head in the sand in hopes the ticket will go away may come to bite you in the backside. 

Good luck and ride safe.

BikeNYC

The information on this site does not constitute legal or medical advice and is for informational and educational purposes only. It is not a substitute for the professional judgment of a legal or healthcare professional, and should not be relied on for legal or medical advice, nor does it create an attorney-client relationship.

February 21 2015 by Andrew bike racks

Hi Andrew,

The best way to get your bike racks back would be to find out who's chaining up their chairs and carts and ask them to stop. If that doesn't work, or you can't find the person who's hijacking the racks, give 311 a call and file a complaint. 

Good luck!

BikeNYC

The information on this site does not constitute legal or medical advice and is for informational and educational purposes only. It is not a substitute for the professional judgment of a legal or healthcare professional, and should not be relied on for legal or medical advice, nor does it create an attorney-client relationship.

February 23 2015 by Stephen Red Light Question

Hi Stephen,

That's frustrating. Your first step should be to give the issuing precinct a call. If you don't know the precinct, you can look that up using the NYPD's Precinct Finder tool and the address or intersection where the citation was issued.

If the precinct route doesn't work, give 311 a call and they may be able to direct you to someone who can help you resolve this.  

Good luck!

BikeNYC

​​The information on this site does not constitute legal or medical advice and is for informational and educational purposes only. It is not a substitute for the professional judgment of a legal or healthcare professional, and should not be relied on for legal or medical advice, nor does it create an attorney-client relationship.

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