Hit by an E-Bike in New York City? Why Insurance Is the Hard Part

New York City is debating how to regulate e-bikes. On September 30, 2026, the City Council held a hearing on a package of micromobility bills. One would phase out Class 3 e-bikes. Another would require app-based delivery companies to carry liability insurance for crashes involving their delivery workers (Streetsblog NYC; Bicycle Retailer). As of those reports, the bills had not been passed.

The insurance proposal points to a real gap in New York law. When a car hits a pedestrian, a set of insurance rules applies automatically. When an e-bike hits a pedestrian, those rules do not apply, because under New York law an e-bike is not a motor vehicle.

What the Law Calls an E-Bike

New York defines a "bicycle with electric assist" as a bicycle "no more than thirty-six inches wide" with "an electric motor of less than seven hundred fifty watts" (Vehicle and Traffic Law § 102-c). There are three classes:

• Class 1: the motor helps only while the rider is pedaling, and stops helping at 20 miles per hour.
• Class 2: the motor can move the bike by itself, and stops helping at 20 miles per hour.
• Class 3: allowed "[s]olely within a city having a population of one million or more," meaning New York City, with assistance that stops at 25 miles per hour.

A device that is wider, more powerful, or faster than these limits is not an e-bike under the law, and different rules may apply to it.

An E-Bike Is Not a "Motor Vehicle"

The Vehicle and Traffic Law's definition of "motor vehicle" leaves out "bicycles with electric assist as defined in section one hundred two-c" (Vehicle and Traffic Law § 125). The insurance laws borrow that definition (Insurance Law § 5102(f); Vehicle and Traffic Law § 311(2)). Here is what that means for a pedestrian hit by an e-bike:

1. No No-Fault benefits. No-Fault pays for losses "arising out of the use or operation" of an insured motor vehicle (Insurance Law § 5103(a)(1)). An e-bike is not one, so there is no No-Fault claim for that crash. Your own health insurance, if you have it, may be the first place to turn for medical bills.
2. No required insurance. New York requires proof of insurance to register a motor vehicle: "No motor vehicle shall be registered in this state unless the application for such registration is accompanied by proof of financial security" (Vehicle and Traffic Law § 312(1)(a)). Because an e-bike is not a motor vehicle, that requirement does not reach it. New Jersey has taken a different approach; see our post on New Jersey's e-bike rules.
3. The "serious injury" threshold should not apply. In a car crash case, New York limits claims for pain and suffering to people with a "serious injury." By its terms, that rule applies to claims "arising out of negligence in the use or operation of a motor vehicle" (Insurance Law § 5104(a)), so it should not apply to a claim against an e-bike rider.
4. The more-at-fault bar should not apply. The 2026 rule that bars a person who is more at fault than the people he or she sues applies only to an action "subject to article fifty-one of the insurance law," the No-Fault article (CPLR 1411(b)). In other cases, the older rule applies: an injured person's own fault reduces the damages in proportion but does not bar recovery (CPLR 1411(a)).

So while the law may be friendlier to a pedestrian hit by an e-bike than to one hit by a car, there may be no auto insurance company standing behind the rider. That does not always mean no one will pay; see "Who May Pay," below.

Who May Pay

The rider. The rider who caused the crash can be sued. Some riders may have homeowner's or renter's insurance that covers the claim, and some may not.

An employer. If the rider was working, the business the rider worked for may be responsible. As the Second Department put it in July 2026, "[t]he doctrine of respondeat superior renders [an employer] vicariously liable for a tort committed by his or her [employee] within the scope of employment" (Bandele v Rasier-NY, LLC, 2026 NY Slip Op 04483, *2). But a company that hires an independent contractor is generally not liable for the contractor's negligence, and "[w]hether an actor is an independent contractor or an employee for the purposes of tort liability is usually a factual issue for the jury" (id.). In Bandele, a car crash case against a rideshare company, the court held that the rideshare companies were not entitled to summary judgment because they "did not eliminate all triable issues of fact as to whether or not" the driver "was an independent contractor" (id.).

For delivery riders, the City Council's insurance proposal would add another source of payment if it becomes law. In our experience, the hardest question in an e-bike case is often who will pay, not who was at fault.

Your own insurance. Your own health insurance, if you have it, may help with medical bills. And if the "e-bike" was really a moped or motorcycle that the law required to be insured, and it was not, your own auto policy may help: a New York auto policy must pay No-Fault benefits to the policyholder and household members hurt by an uninsured motor vehicle or motorcycle (Insurance Law § 5103(a)(2)). So check whether you or anyone in your household has auto insurance.

If You Were the One Riding

The rules are different when a car or truck hits an e-bike rider. No-Fault covers "[p]ersons, other than occupants of another motor vehicle or a motorcycle," hurt by an insured motor vehicle (Insurance Law § 5103(a)(1)), so an e-bike rider hit by a car may file a No-Fault claim with the car's insurer. E-bike riders must also follow the rules that apply to bicycles (Vehicle and Traffic Law § 1242(1)), and a bicycle rider has "all of the duties applicable to the driver of a vehicle" (Vehicle and Traffic Law § 1231). Our posts on protecting your rights after a bicycle accident and our Decision Day entry on Komlan v Belisle, an e-bike rider's case against a city bus, explain more.

The No-Fault rule for e-bike riders applies only if the device meets the law's definition of an e-bike. A device that is more powerful or faster than those limits is not an e-bike under the law, and it may count as a moped or motorcycle. In January 2026, an appeals court held that a man riding a moped with no pedals and a top speed of more than 40 miles per hour was riding a "motorcycle," and that he could not collect No-Fault benefits from the other vehicle's policy, because "occupants of a motorcycle are not entitled to first-party no-fault benefits in New York" (Kalitenko v Nationwide Mut. Fire Ins. Co., 2026 NY Slip Op 50184[U] [App Term, 2d Dept 2026]).

What to Do If an E-Bike Hits You

1. Get medical care, and follow your doctor's advice.
2. Get the rider's name, address, and phone number, and note any delivery bag, app logo, or company name on the rider or the bike.
3. Call the police and get the report number.
4. If your medical condition allows, photograph the scene and the e-bike, and write down the names and phone numbers of witnesses.
5. Look for cameras on nearby buildings and stores. Video can be recorded over in a matter of weeks; see our Decision Day entry on Fernandez v Port Authority.
6. Talk to a lawyer early. The general deadline to sue for a personal injury is three years (CPLR 214(5)), but evidence of who the rider was and who the rider was working for can disappear quickly. In some circumstances, your time to act may be even shorter.

If you were hit by an e-bike, or hurt while riding one, contact The Eskesen Law Firm for a free consultation. Calls are answered live 24 hours a day, 7 days a week.

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