NYC E-Bike and Delivery Worker Accident Lawyer

New York delivery worker accident lawyer.

The apps call you independent. Your injuries are very real.

Tens of thousands of New Yorkers deliver food and packages by e-bike and moped, in traffic, in weather, on the clock for apps that call them contractors. When a car strikes a rider or a door swings into a bike lane, the rider has real claims, and insurers count on them not knowing it.

Free case review Comp and the driver, both Immigration status does not matter

Injury cases are handled on contingency under a written retainer, sometimes together with co-counsel. The retainer names who works on your case and sets out the fee, any division of it, and the court costs and case expenses you may remain responsible for.

Reviewed by Daniel Hochman, Esq. · Last updated November 1, 2026

Short answer

A delivery rider hit or doored by a car can sue the driver, and that claim stands on its own whatever happens with no-fault, which insurers often deny for e-bike and scooter riders. File the no-fault application within 30 days anyway. The lawsuit against the driver generally has three years, a road-defect claim against the City needs a notice of claim within 90 days, and if a restaurant or delivery company employs you, workers' comp pays too. Immigration status bars none of it.

Which crash was yours?

Hit by a car or doored

The claim against the driver and their insurer.

Read this ↓E-bike, moped or scooter

Who pays the medical bills, and why insurers deny it.

Read this ↓Hurt while working

Workers’ comp and a claim against the driver.

Read this ↓Thrown by a pothole

Roadway defects and the 90-day notice.

Read this ↓Hit and run

MVAIC and the uninsured paths.

Read this ↓

The case against the driver.

The core claim belongs to you against the driver who hit or doored you, paid by that driver's liability insurance. Dooring is negligence; New York law requires that a door not be opened into moving traffic until it is reasonably safe. Hit and run and uninsured driver cases have their own paths to recovery, including MVAIC, but those routes carry short notice requirements, so report the crash to police immediately and call quickly.

E-bike, moped and scooter riders: who pays the bills.

Insurers treat two-wheeled victims as expendable. They contest benefits, blame the rider, and exploit genuinely unsettled questions about how no-fault applies to e-bike and scooter riders. Do not negotiate that terrain alone. We pursue every benefit arguably available from the striking vehicle's policy and press the full liability claim regardless of how the benefits fight resolves.

Whether the car's no-fault coverage pays a rider's medical bills and lost wages can turn on what you were riding and how fast it can go, and insurers deny e-bike and scooter claims often. A denial letter is not the last word. And whatever happens with no-fault, the claim against the driver who caused the crash for your pain, lost income and future care stands on its own.

Roadway defects and the City.

Some riders are not hit at all; they are thrown by a crater in the bike lane or a failed steel plate. Claims against the City for roadway defects exist but are technical: a 90 day notice of claim and, for many defects, a requirement of prior written notice to the City. These cases live or die on immediate photographs and fast filing.

The employment angle the apps hope you ignore.

App and restaurant delivery workers frequently have wage claims running alongside the injury case: unpaid minimums under New York City's delivery worker pay rules, misclassification, and stolen tips. If you were employed by a restaurant, workers' compensation applies too, alongside the claim against the driver. We look at the whole picture, because the injury is rarely the only thing they owe you.

What makes a rider's case strong.

A driver you can name: a plate number, a photo of the car, an insurance card, or a police report.
Proof of how it happened: photos of the scene and the bike, street or dashcam video, a witness, the app's trip record showing where you were.
Treatment that starts right away: an emergency room or urgent care visit the same day or the next, and follow-up you actually attend.
A record of your earnings: app payout history, pay stubs or bank deposits, so lost income is provable.
The bike and your gear, kept as they are: do not repair, sell or throw them out.

Hurt while working: comp and the driver.

WORKERS' COMP. LAW §§ 11, 29

If a restaurant or a delivery company employs you, workers' compensation pays your medical care and part of your wages no matter who caused the crash, and you generally cannot sue that employer. You can still sue the driver who hit you, because the driver is not your employer. Comp has its own clocks: tell your employer within 30 days and file the claim within two years. App companies label riders independent contractors, and that label is often wrong; whether you count as an employee decides whether comp applies, so do not let the label decide it for you.

Hit and run, or no insurance.

If the driver fled or had no insurance, the money usually comes from uninsured motorist coverage on a policy in your household, or from MVAIC, a fund set up for people hurt by uninsured and unknown drivers. Both have short, strict notice rules and usually need a police report made quickly, so report the crash right away and call within days.

If they say it was your fault.

CPLR 1411

A 2026 change to New York law bars recovery in car and other motor vehicle injury cases when the injured person's share of fault is greater than the defendants'. At half or less, your award is reduced by your share. Insurers know this and blame riders for everything: the bike lane you left, the light you were waiting on, the speed of your e-bike. Evidence gathered early, like video and witnesses, is how that blame gets answered.

Deadlines.

What	Who	When
No-fault application	The car's insurer	30 days
Tell your employer (if you are an employee)	Workers' comp	30 days
Notice of claim for a road defect or a City vehicle	The City, the MTA	90 days
Workers' comp claim	The Board	2 years
Lawsuit against the driver	The driver and insurer	3 years

Immigration status does not bar any of it. Hurt in a fall instead? See our slip, trip and fall guide. Hit while on foot or in a car? See car and pedestrian accidents.

After a Crash in New York

FREE GUIDE

After a Crash
in New York

The first 72 hours: photos, the plate, witnesses and deadlines

HOCHMAN LAW PC

Read this first, free

After a crash or fall in New York: the first 72 hours.

What to photograph, the driver details to get, what not to sign, and the 30-day no-fault and 90-day deadlines.

Read the free guide

Questions people ask us.

I am undocumented. Can I really bring a claim?

Yes. Immigration status does not bar an injury claim in New York and does not prevent recovery for medical costs, lost income, and pain and suffering. Consultations are confidential.

What if the car that hit me drove off?

You may still recover through uninsured motorist coverage in a household policy or through MVAIC, but those paths have strict, short notice requirements and generally require a prompt police report. Act on this within days, not months.

What if the app says I am an independent contractor?

That label limits what the app owes you directly, but it has nothing to do with your claim against the driver who hit you, and the label itself is often wrong, which can create a separate wage and misclassification claim worth pursuing.

Does no-fault insurance cover me if I was hit on an e-bike or scooter?

Often, but not always. Whether the car's no-fault coverage pays your medical bills and lost wages can depend on what you were riding and how fast it can go, and insurers deny these claims often. File the no-fault application within 30 days anyway, and have a lawyer look at any denial. Your claim against the driver does not depend on how the no-fault question comes out.

Can I get workers' comp and also sue the driver who hit me?

Yes, if you were working as an employee. Workers' comp pays medical care and part of your wages regardless of fault, and a separate lawsuit against the driver can recover what comp does not, like pain and suffering. Comp may be repaid from that recovery, which the lawyer handles.

I got doored. Whose fault is that?

Usually the person who opened the door. New York law says no one may open a car door into moving traffic until it is reasonably safe. Get the plate number and a photo of the car and the door, and the driver's and passenger's insurance information if you can.

The insurance company says I was partly at fault. Does that end the case?

Not if your share is half or less. In motor vehicle cases, New York now bars recovery only when your share of fault is greater than the defendants', and otherwise reduces the award by your share. Video, witnesses and photos taken early are what answer the blame.

Do I have to pay anything to start?

No. Injury cases are handled on contingency under a written retainer, which sets out the fee and how court costs and case expenses are handled before you sign.

Statutes cited on this page

CPLR § 1411 (Civil Practice Law and Rules)

Each link opens the official text at the New York State Senate's Open Legislation site (federal sections: Cornell Law School's U.S. Code).