Electric bicycles have become a common sight in New York and New Jersey. They are convenient, fast, and popular among delivery workers and commuters. But with this growth has come a sharp rise in accidents, leaving pedestrians and drivers wondering: who pays for my medical bills, and how do I recover full compensation? The answers differ significantly from car crashes, and understanding these differences is critical.
Why e-bike crashes are different
E-bikes are not considered “motor vehicles” under either New York or New Jersey law. In New York, they are classified as “bicycles with electric assist.” In New Jersey, low-speed e-bikes are treated like bicycles and require no registration or insurance. Because of this, the protections that automatically apply in car crashes—such as no-fault or Personal Injury Protection (PIP) benefits—do not apply when the only vehicle involved is an e-bike. Medical bills in those cases usually fall to health insurance, while broader compensation depends on proving the e-bike rider’s negligence.
Pedestrians struck by an e-bike
If you are a pedestrian hit by an e-bike, you generally cannot turn to auto no-fault insurance unless a car was also involved. Your health insurance will usually cover treatment, but deductibles, copayments, and uncovered wage loss remain your responsibility. In New York, the Motor Vehicle Accident Indemnification Corporation (MVAIC) covers only motor-vehicle accidents, so it does not apply to e-bike cases. To recover damages beyond medical bills—such as pain and suffering, permanent disability, or lost income—you may bring a negligence claim directly against the e-bike rider. If the rider was working at the time of the crash, their employer may also share liability.
Drivers injured in collisions with e-bikes
When a driver or passenger is injured in a collision with an e-bike, their own PIP coverage applies because they were in a motor vehicle. In New York, suing an e-bike rider for pain and suffering does not require meeting the “serious injury” threshold that applies in traditional car accident claims, because the rider is not considered a covered person under no-fault law.
In New Jersey, however, your ability to recover non-economic damages depends on the tort option you chose in your own auto policy. If you selected the “limitation on lawsuit” option, you must meet one of the state’s defined injury categories; if you selected “no limitation,” you may pursue compensation more freely.
Uninsured and underinsured motorist (UM/UIM) coverage is usually not available for e-bike-only collisions, because these coverages apply only when another motor vehicle is uninsured or underinsured. If an uninsured car was also involved in the crash, however, UM/UIM may become available.
Fault and recovery rules
Fault rules also differ between the states. New York applies pure comparative negligence, meaning your recovery is reduced by your share of fault but never eliminated entirely. New Jersey uses modified comparative negligence: you may recover if you are 50 percent or less at fault, but if you are 51 percent or more at fault, you cannot recover damages at all.
Steps after an e-bike accident
After an e-bike crash, seek medical attention immediately and follow through with care. Document the scene and your injuries, file a police report, and keep copies of bills, records, and any employment-related losses. Reporting is especially important in New York if a motor vehicle is involved, because strict deadlines apply for certain claims. Consulting an attorney early is the best way to ensure all possible insurance and liability sources are identified.
The bottom line
E-bike accidents are not handled the same way as car accidents. For pedestrians, no-fault and MVAIC protections usually do not apply, leaving health insurance as the initial payer and a negligence claim as the path to full recovery. For drivers, PIP benefits apply, but the right to pursue pain and suffering differs in New York and New Jersey. In both states, proving negligence and finding insurance coverage are often more complex than in traditional auto-accident cases.
If you were injured in an auto accident—whether the collision involved a car, truck, or motorcycle—contact Song Law Firm today. Our attorneys can explain your rights, identify every available insurance source, and fight to secure the compensation you deserve. Call 201-461-0031 or email pi@songlawfirm.com for a free consultation.
Disclaimer: This column is for informational purposes only and does not constitute legal advice. Every case depends on specific facts and applicable law. For tailored advice, consult an attorney.
