What if I am struck by an out-of-state-driver?
The resolution of your claim and your ability to be compensated will depend on whether that insurance company is authorized to conduct business in New York.
When a non-resident comes into New York while operating a vehicle registered in a another state, by an authorized carrier New York Insurance Law §5107 provides protection for New York residents who have been injured in a crash with an out-of-state motorist.
New York Insurance Law §5107 provides:
"Every insurer authorized to transact or transacting business in this state, or controlling or controlled by or under common control by or with such an insurer, which sells a policy providing motor vehicle liability insurance coverage or any similar coverage in any state or Canadian province, shall include in each such policy coverage to satisfy the financial security requirements of Article 6 or 8 of the Vehicle & Traffic Law and to provide for the payment of first party benefits pursuant to Subsection (A) of §5103 of this article when a motor vehicle covered by such policy is used or operated in this state."
If the insured is an unauthorized insurance carrier who does not do business in New York, Vehicle & Traffic Law §318 Subsection 5(a) provides "The Commissioner, upon receipt of evidence that a person other than the owner of the vehicle, has operated upon the public highways of this state a motor vehicle not registered in the state, with knowledge of proof of financial security was not in effect with respect to such vehicle shall revoke the driver's license of such person, or if he is a non-resident, the non-resident privileges of such person."
The revocation of driving privileges to the non-resident is little comfort to the New York crash victim who finds the tortfeasor to be without insurance coverage.
When a non-resident comes into New York operating a vehicle registered and insured in a foreign state, by an authorized carrier New York Insurance Law §5107 provides protection for New York residents who have been injured in a crash with an out-of-state motorist.
This statute, commonly known as the New York "Deemer" Provision, unequivocally applies to any policy of insurance underwritten by an authorized insurer in New York.
If you were involved in a crash with an out-of-state driver, e-mail or call us to help determine the coverage and benefits available to you as a result of your crash.
-
"Went above and beyond to get a favorable settlement"Dan and his team were quick to respond after my bike accident and went above and beyond to get a favorable settlement.- Jared
-
"Daniel and his team made what was a stressful situation much less overwhelming"After being hit on my bike, Daniel and his team made what was a stressful situation much less overwhelming. Daniel himself explained everything thoroughly and I felt supported throughout the whole process with followup from his team. Super grateful to have found Daniel and wouldn't hesitate to recommend him.- Cody
-
"Phenomenal Team!"The team here is nothing short of phenomenal. I reached out about my case on a Sunday afternoon from the hospital and we spoke before the evening was over. Since then, they have been happy to answer any question I have, and walked me through the entire process from handling my no-fault insurance to ultimately getting a settlement offer.
To any cyclist in search of a lawyer who understands the challenges of biking in this city, look no further than Daniel and his team.- Conor -
"I am grateful to her and her firm for their expertise and diligence."Almost 4 years ago I was struck by a delivery truck while on my bike and suffered a shattered wrist. Cathy Flanzig guided me through the process of bringing a suit against the company that owned the truck and the driver. Ms. Flanzig was professional and compassionate and realistic throughout the whole process. I am grateful to her and her firm for their expertise and diligence.- Kathe D.
-
"Combination of legal expertise with a compassionate approach"If you are in search of a lawyer who combines legal expertise with a compassionate approach to client care, look no further than Daniel Flanzig and his team at Flanzig and Flanzig. From start to finish, Daniel not only holds an impressive depth of legal knowledge, especially in bicycle laws, but also a remarkable commitment to achieving the best possible outcome for me. Daniel took the time to thoroughly understand the nuances of my case, patiently listened to my concerns, and provided clear, concise explanations of the legal strategies available. This level of transparency and communication instilled a sense of confidence and reassurance during what was initially a daunting process. I highly recommend him for anyone seeking top-tier legal representation.- Runa R.
-
"Supported me since DAY ONE of my 2.5 year journey!"Daniel Flanzig was with me on DAY ONE of my 2.5 year journey through the fractured legal system following a serious bicycle accident which left me with two broken wrists. The thirteen day hospital stay included surgeries on both, titanium plates implanted on both, and a severe challenge to my mental health and way of life. Unfortunately, I needed two
more surgeries on the significantly more damaged right wrist. Dan navigated me through the strained New York City Medical System, still struggling in late 2021 from the wrath of COVID. When the lawsuit needed to be moved to New Jersey, Dan seamlessly transferred the case to Joseph G. Hughes. Both men proved to be upstanding attorneys and outstanding human beings, emotionally invested in my traumatic, drawn-out experience, and committed to reaching the settlement deserved. After matters were resolved by Mr. Hughes, I received a call from Dan, closing this chapter of our time together, but cementing a lifelong connection filled with the utmost respect and gratitude.- Marty Keiser -
"Helped me through a difficult time with great results!"I recently suffered a grievous injury being struck by a drunk driver while cycling, when dealing with short-term disability, hospital bills, and all manner of associated paperwork I received care and support from the lawyers at Flanzig & Flanzig. Can't recommend their services enough, they really helped me through a difficult time with great results!- Brandon W.
-
"Ever since my accident, they paid close attention to my needs & welcomed any questions."Exceptional lawyers with great client services. Ever since my accident they paid close attention to my needs and welcomed any questions. Any issue I had was met with a prompt response via phone or email. They made the process easy and produced results. I would definitely return if I ever needed their services again.- Efren V.
Why Choose Flanzig & Flanzig, LLP?
-
Leaders in the Safe Streets Movement
-
Committed Advocates for New York Cyclists
-
Top-Rated New York Attorneys
-
Dedicated to Helping Cyclists
-
Free Consultations
