Bike Delivery Accident in NYC: Your Rights as an Immigrant
Bicycle delivery workers are among the most vulnerable road users in New York City — and most of them are immigrants. Many avoid calling police or seeking legal help after a car accident because they fear immigration consequences. But New York law gives every person, regardless of status, the right to file a police report, receive emergency medical care, and sue the driver who hit them.
Bicycle delivery workers in New York City are hit by cars regularly — and many of them are immigrants who fear that calling the police or a lawyer could put their immigration status at risk. That fear can cost them their health, their income, and their legal rights. According to Daniel Flanzig, president of the New York Bicycling Coalition (NYBC) and founder of New York Bike Lawyers, every person in New York has an absolute right to file a personal injury claim, regardless of immigration status.
Your immigration status does not block your right to sue
New York law recognizes the right of every person — documented or not — to pursue a personal injury lawsuit after a traffic accident. Flanzig confirmed that undocumented workers have successfully pursued cases remotely, including through Zoom depositions, even after leaving New York. On the question of police: the NYC Mayor's Office of Immigrant Affairs states that police officers do not ask crime victims, witnesses, or people seeking help about their immigration status. Filing a police report creates an official record that can identify the driver and support your claim — skipping it can hurt your case later.
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New York operates under a no-fault auto insurance system. This means the insurance company covering the vehicle that hit you may pay for your medical bills, physical therapy, and some lost wages — regardless of who caused the crash. New York courts have confirmed that cyclists struck by motor vehicles can qualify for these no-fault benefits. The deadline to submit written notice of a no-fault claim is generally 30 days from the accident. If the driver was uninsured or fled the scene, the New York Motor Vehicle Accident Indemnification Corporation (MVAIC) may be able to help eligible injured people.
Your worker classification matters too. Traditional employees (W-2) can file for workers' compensation through their employer. App-based delivery workers — who typically file taxes as independent contractors using a 1099 — face a more complicated path, since platforms like DoorDash do not carry standard employer liability. The New York State Workers' Compensation Board offers guidance in at least 12 languages and can help you understand your options. Some delivery platforms also offer occupational accident coverage — check your platform's policy and ask what documentation is required.
What to do
- Call 911 immediately if you are injured. Request an ambulance and ask officers how to get a copy of the accident report — you will need that report number later.
- Document everything you can: photos of the vehicle, license plate, your bicycle, your injuries, and the surrounding area. Note the locations of any nearby surveillance cameras.
- Submit written notice of a no-fault insurance claim within 30 days of the accident. Contact a personal injury lawyer as soon as possible — many handle these cases on a contingency-fee basis, meaning you pay nothing upfront.
- If you cannot afford medical care, NYC Health + Hospitals provides treatment regardless of immigration status or ability to pay. Call 844-692-4692 for assistance.
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Under New York law, immigration status is not a barrier to filing a personal injury claim or receiving no-fault auto insurance benefits — courts have consistently upheld this. The 30-day deadline to file written notice of a no-fault claim is strict, so do not wait to contact an insurer or attorney. Delivery workers classified as independent contractors should also contact the New York State Workers' Compensation Board to explore whether any coverage applies to their situation — and consult an immigration attorney if you have concerns about how any legal proceedings might interact with a pending visa or green card application.
Frequently Asked Questions
Can I call the police if I am undocumented?
Yes. According to the NYC Mayor's Office of Immigrant Affairs, police officers do not ask crime victims, witnesses, or people seeking help about their immigration status. Calling 911 and filing a police report protects your legal rights — it does not trigger immigration enforcement.
Who pays my medical bills after a bike delivery accident in New York?
New York's no-fault auto insurance system may require the insurance company of the vehicle that hit you to cover your medical bills, physical therapy, and some lost wages. You must submit written notice of a claim within 30 days of the accident. If the driver was uninsured or fled, the MVAIC may be able to help.
Does my immigration status affect my right to sue the driver?
No. New York law gives every person — documented or undocumented — the right to pursue a personal injury lawsuit. Cases have even been handled remotely via Zoom for people who had to leave New York.
What if I work for a delivery app like DoorDash — can I get workers' compensation?
App-based delivery workers are usually classified as independent contractors, which makes standard workers' compensation more complicated. Contact the New York State Workers' Compensation Board (877-632-4996 or wcb.ny.gov) — they offer help in at least 12 languages and can explain your specific options.