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.
-
"Daniel and his team are incredible professionals and very knowledgeable."Daniel and his team are incredible professionals and very knowledgeable about NYC/New York State bike law. Daniel was incredibly responsive and attentive during my multi-year incident. I was impressed with his knowledge about the NYC/New York State court system, as well as his relationships. He seems to know everyone in the field and is incredibly well respected. The process ended successfully, largely due to Daniel's expertise. I highly recommend his services.- Pavan R.
-
"Dan and the team at Flanzig & Flanzig are exceptional."Dan and the team at Flanzig & Flanzig are exceptional. From the day of my incident to the final settlement, Dan and the entire Flanzig & Flanzig team were attentive and communicated all steps clearly. The process is not easy or fast (although mine seemed to progress quicker than others), and it was comforting to know I could focus on recovery while the Flanzig & Flanzig team took care of all the paperwork, court sessions, and negotiated a great outcome. Thank you, Dan and Team!!!- Bouker P.
-
"I highly recommend working with them."Daniel Flanzig and his team have been a pleasure to work with. I experienced an unfortunate bike accident over the summer and Daniel and Shirley were nothing short of compassionate, clear, and organized while guiding me through the no-fault process. They have been incredibly responsive and easy to reach, no matter the question(s). I highly recommend working with them.- Alix M.
-
"Flanzig & Flanzig should be your first call"If you’re a cyclist seeking justice after an accident, Daniel Flanzig and his team at Flanzig & Flanzig should be your first call.
-
"Persistent and Professional"
I highly recommend Cathy if you’re looking for a lawyer who is persistent, professional, and truly cares about her clients. I was hit by a taxi cab while riding my bike, and the process to get a settlement took much longer than expected due to COV
-
"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
-
"Fantastic to work with"Daniel & team were absolutely fantastic to work with over a 4 year period after I was involved in a serious cycling accident.- Chris Aspinall
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
