Electric bikes have quickly become part of everyday life across Nassau and Suffolk Counties. You might use them to commute to work, run errands, or avoid sitting in traffic. Delivery workers rely on them, families use them for recreation, and many Long Island residents see them as a practical alternative to driving.
But here’s the problem: Long Island roads were never designed with e-bikes in mind.
Most of our major roadways were built for cars and motorcycles moving at speed, not for smaller, slower, exposed riders sharing the same space. You’re often forced to travel alongside fast-moving vehicles, navigate congested intersections, and deal with distracted drivers who may not even realize you’re approaching. When an e-bike accident happens, injuries are frequently serious because there’s no metal frame, airbags, or seatbelts to absorb the impact.
As a Long Island personal injury attorney, I’m seeing more and more of these cases. According to recent data, e-bike injuries nationwide increased by over 300% between 2017 and 2022, with many victims suffering serious head trauma, fractures, and spinal injuries. Almost without exception in my practice, the injuries are significant—broken bones, head injuries, shoulder injuries, and spinal trauma are common. These are not minor crashes.
If you or a loved one was injured in an e-bike accident, your questions probably come fast: Was the bike street legal? Does no-fault apply? Who pays your medical bills and lost wages? What compensation can you recover?
This guide explains how e-bike accidents happen on Long Island, how New York no-fault works, which e-bikes don’t automatically qualify for no-fault coverage, and what you may be able to recover in a lawsuit.
Understanding your bike’s classification is crucial because it affects your legal rights after a crash. New York generally divides e-bikes into three classes based on how the motor works and how fast the bike can travel with assistance:
These classifications matter for several reasons. Insurance companies often focus on speed capability when arguing fault. Law enforcement may also consider the class of your bike when deciding whether you were operating it legally.
Even more important: many devices marketed online as e-bikes are actually closer to electric mopeds or motor-driven cycles. These higher-powered bikes often exceed legal speed limits or have throttle-only operation. From a legal perspective, that distinction can completely change your insurance rights after a crash.
Your e-bike’s classification determines your legal rights after an accident. Here’s what you need to know.
Pedal assist only – Motor engages only when pedaling
No throttle operation
Generally qualifies for no-fault insurance
Throttle-powered – Can operate without pedaling
Pedal assist also available
Usually qualifies for no-fault insurance
Pedal assist with higher speed capability
Additional restrictions may apply
Usually qualifies – coverage may depend on specific circumstances
Even legal e-bikes can face coverage challenges—and modified bikes almost certainly will. Insurance companies may deny no-fault coverage if your e-bike exceeds legal speed limits, has been modified with upgraded motors or firmware, has speed governors removed, or resembles a moped or motorcycle. When this happens, insurers classify your bike as a motorcycle—excluding you from no-fault benefits entirely. This can leave you without coverage for medical bills and lost wages while your case is pending. The legal situation for Class 3 e-bikes is particularly unclear and may depend on specific circumstances of your accident.
E-bikes are generally permitted on certain roadways, typically those posted at 30 mph or less. Sidewalk riding is usually prohibited unless your local municipality specifically allows it.
As an e-bike rider, you’re expected to follow the same basic traffic laws as bicycles: obey traffic signals, ride with traffic, yield when required, avoid unsafe lane weaving, and use proper lighting at night.
In reality, many Long Island roads feel far faster than their posted limits. You often find yourself on narrow shoulders or alongside traffic near busy shopping centers and strip malls. These areas are filled with driveways and turning vehicles, creating constant conflict points.
Certain corridors appear repeatedly in serious crash cases because of how they’re built and how drivers behave. According to accident data from Nassau and Suffolk Counties, over 40% of serious bicycle and e-bike crashes occur on just a handful of major roadways.
Middle Country Road, Montauk Highway, Route 106, and William Floyd Parkway all share the same problems: high speed, heavy congestion, constant commercial driveways, frequent turning vehicles, distracted drivers, and large speed differences between cars and e-bikes.
These roads were designed to move vehicles efficiently, not to safely accommodate slower-moving bikes. For e-bike riders, that design mismatch means constant exposure to danger. The longer you ride in these conditions, the greater the chance that a single driver’s mistake causes a life-changing injury.
After handling many of these cases, certain patterns come up again and again:
This is especially dangerous when you’re traveling on the sidewalk—and it becomes even more dangerous when you’re moving against traffic on the sidewalk. Drivers look toward oncoming car traffic, not toward fast-moving bikes coming the wrong way. By the time they see you, it’s often too late.
These involve vehicles turning into parking lots. The car passes you, then suddenly slows to turn right. Because e-bikes move faster than most drivers expect, you’re often already on the shoulder or edge of the lane when the vehicle cuts across your path. These crashes cause devastating injuries.
A driver turns left across your path, claiming they didn’t see you. According to the National Highway Traffic Safety Administration, left-turn collisions account for nearly 40% of all bicycle-vehicle crashes.
Some crashes involve no vehicle at all. Potholes, broken pavement edges, metal plates, debris, and loose gravel can throw you instantly. These cases often involve claims against municipalities or property owners.
Public reports show serious bicycle and e-bike crashes occurring at these locations:
These locations share the same risk factors: high-speed traffic, limited bike infrastructure, and frequent turning or crossing conflicts.
This is where many riders are caught off guard.
E-bikes themselves are not insured motor vehicles under New York’s no-fault system. However, when you’re struck by a car or truck while riding your e-bike, you’re usually treated similarly to a pedestrian and may qualify for no-fault benefits through the vehicle’s insurance.
No-fault can provide immediate payment for medical treatment and a portion of lost wages without waiting for fault to be resolved. For many injured riders, this coverage is what makes it possible to receive care while a legal claim is being investigated.
But there’s a critical exception that many people don’t realize.
If your bike is a true Class 1 or 2 e-bike, no-fault generally applies when you’re hit by a car. Class 3 e-bikes usually qualify as well, though the legal situation is less clear and may depend on specific circumstances of your accident.
However, I’m increasingly seeing cases where insurance companies deny no-fault because the bike is really a high-powered electric moped or motor-driven cycle. This includes bikes that:
When that happens, the carrier argues that you were operating a motorcycle-type vehicle. Motorcycles are excluded from New York no-fault by statute.
The result can be devastating. Suddenly there’s no coverage for your medical bills or lost wages. You’re left relying on health insurance while waiting months or years for a liability case to resolve.
This is becoming more common, and it’s one of the biggest traps in modern e-bike cases.
If you’re riding a legal e-bike and struck by a car, your no-fault claim generally goes through the insurer of the vehicle that hit you.
If it’s a hit-and-run or uninsured vehicle, coverage may sometimes be available through your own or a household family member’s auto policy.
Because coverage issues are technical and time-sensitive, identifying the correct policy early is critical.
When available, no-fault pays for necessary medical treatment such as:
No-fault also provides limited lost wage benefits and certain out-of-pocket expenses related to your injury.
Important: No-fault does not cover pain and suffering. That compensation comes through a separate personal injury claim against the at-fault driver.
If another party caused your crash, a lawsuit may seek compensation for:
Every case is different. The value depends on your injuries, treatment, impact on work and daily life, and the strength of the liability evidence.
In late 2025, the Suffolk County Legislature passed comprehensive regulations aimed at improving safety and clarifying where and how e-bikes and e-scooters can be used. These rules are already being enforced and cover both devices with electric assist and similar micromobility vehicles.
Here’s what the Suffolk County laws require:
All operators and passengers of electric-assist bicycles must wear protective helmets, regardless of age. This goes beyond New York State’s baseline helmet rules and applies county-wide.
Children under the age of 16 are prohibited from operating e-bikes or e-scooters on public roads or sidewalks. Police regularly remind residents that this prohibition exists and violators may face consequences.
E-bikes and e-scooters are banned from operation on sidewalks throughout Suffolk County. This local rule aligns with safety concerns expressed by county legislators and local law enforcement.
E-bikes may not be operated on county or local roadways with posted speed limits over 30 mph. This restriction is significant on Long Island because many major corridors have higher limits, forcing you into high-risk areas.
The law prohibits reckless behavior such as weaving through traffic, trick riding on busy roads, or fleeing from police. Law enforcement officers are empowered to stop riders engaging in dangerous conduct.
Operating an e-bike or e-scooter under the influence of alcohol or drugs is prohibited and enforceable on public roads and parking lots.
Violations can result in fines, citations, and device impoundment. The recent laws significantly increase penalties compared to prior regulations, reflecting the county’s focus on deterrence.
These county-wide rules are much stricter than state guidelines alone. They reflect recognition by Suffolk officials that e-bike and e-scooter injuries—particularly among teens—have been rising. County legislators cited multiple serious injuries and fatal crashes in recent years when debating these measures.
From a legal perspective, these rules matter in crash cases because insurance companies often reference local laws when assessing fault or comparative negligence. If you were operating in violation of a county ordinance at the time of your crash, a carrier might argue that violation contributed to the accident, even when a motor vehicle was principally at fault.
Unlike Suffolk County, Nassau County has not yet adopted a comprehensive county-wide e-bike ordinance with formal helmet mandates, sidewalk bans, and speed restrictions. Instead, Nassau largely relies on existing New York State law combined with active enforcement and public safety messaging from local police departments.
In practice, Nassau law enforcement consistently emphasizes that you must be at least 16 years old to ride an e-bike, should wear a helmet, must follow standard traffic laws, and should not ride on sidewalks unless a local ordinance specifically allows it. You’re also expected to travel with traffic, not against it, and to operate e-bikes on roadways posted at 30 mph or less.
While these rules may sound basic, they matter after a crash. In Nassau County cases, insurance companies frequently rely on state law and police guidance to argue comparative fault, particularly when you were on a sidewalk, traveling against traffic, or operating at unsafe speeds.
In short, Nassau County currently governs e-bike use through state law and enforcement practices rather than a standalone county code, but you’re still held to clear expectations. Violations can and do get used by insurers when evaluating fault after an accident.
No, Class 1, 2, and 3 e-bikes do not require insurance in New York. However, if your bike is modified or exceeds legal speed limits, it may be classified as a motor-driven cycle or moped, which would require registration and insurance.
Yes. New York follows a pure comparative negligence rule. This means you can still recover damages even if you were partially at fault, but your compensation will be reduced by your percentage of fault. For example, if you're found 30% at fault and your damages are $100,000, you would recover $70,000.
In New York, you generally have three years from the date of the accident to file a personal injury lawsuit. However, if your case involves a municipality (like a pothole or road defect claim), you may have as little as 90 days to file a Notice of Claim. It's critical to consult with an attorney as soon as possible.
If the at-fault driver was uninsured, you may be able to recover through your own uninsured motorist coverage (if you have a vehicle policy) or through a household family member's policy. If no such coverage exists, you may still pursue a lawsuit directly against the at-fault driver, though collecting damages can be more challenging.
Yes, your health insurance should cover your medical treatment. However, your health insurer may seek reimbursement (called subrogation) from any settlement or verdict you obtain. No-fault insurance, if applicable, should be your primary coverage before health insurance.
Call 911, even if injuries seem minor. Get medical attention right away—some injuries don't appear immediately. Take photos of the scene, your bike, and your injuries. Get contact and insurance information from the driver. Collect witness names and phone numbers. Do not give a recorded statement to any insurance company before speaking with an attorney.
Yes, you can still make a claim. However, insurance companies may argue that your failure to wear a helmet contributed to the severity of your injuries, which could reduce your compensation. In Suffolk County, where helmet use is mandatory, this argument may carry more weight.
Every case is unique and depends on factors like the severity of your injuries, medical expenses, lost wages, pain and suffering, and the at-fault party's insurance coverage. Some cases settle for tens of thousands of dollars, while others involving catastrophic injuries can result in million-dollar recoveries. An experienced attorney can evaluate your specific circumstances and give you a realistic assessment.
If you or a loved one was injured in an e-bike accident, learning your rights early can make a meaningful difference in both your recovery and your financial future.
I’m seeing more e-bike accidents every year, and they’re almost always serious. These cases are complex, and insurance companies are increasingly aggressive—especially when they believe a bike doesn’t qualify for no-fault coverage.
Get a free consultation. Call Palermo Law today to discuss your case. We don’t charge any fees unless we win.
Suffolk County: (631) 621-6183
Nassau County: (516) 240-9904
Visit PalermoLawyers.com
Steven Palermo is the managing partner of Palermo Law, P.L.L.C., a leading personal injury law firm serving all of Long Island. With over 25 years of experience, Steven has dedicated his career to representing people whose lives were changed by serious injuries.
Born and raised in Huntington, New York, Steven understands Long Island’s roads, communities, and legal landscape intimately. His commitment to personal injury law is shaped by firsthand experience—he suffered a serious knee injury during college lacrosse and was later involved in a severe motor vehicle collision that left him with multiple fractures and a long recovery. Dealing personally with insurance delays, skepticism, and blame-shifting gave him a clear understanding of what injured people face after an accident.
Steven has handled hundreds of cases involving motor vehicle accidents, catastrophic injuries, premises liability, and wrongful death. His work includes securing multi-million-dollar verdicts and settlements, including a $5.5 million trial verdict and a $3.2 million recovery.
Professional Recognition:
Steven’s high-profile cases have been reported in the New York Law Journal, Newsday, the New York Post, and local television programs. But what defines his practice isn’t just the results he achieves—it’s how he treats the people he represents.
About the Author: Steven Palermo is the managing partner of Palermo Law, P.L.L.C., with over 25 years of experience representing injured people across Nassau and Suffolk Counties. He has secured multi-million-dollar verdicts and settlements, including a $5.5 million trial verdict and numerous seven-figure recoveries. Steven is a member of the Multi-Million Dollar Advocates Forum, Million Dollar Advocates Forum, and holds an Avvo rating of 10/10 Superb. He is admitted to practice in New York State and the United States District Court for the Eastern District of New York.
Follow these critical steps to protect your health, preserve evidence, and strengthen your legal claim.
⏱️ Time-Sensitive Actions
Call 911 Immediately
Even if injuries seem minor, call emergency services right away. Some injuries don’t appear immediately—adrenaline can mask pain and symptoms.
Critical for documentation
Creates official police report
Establishes timeline
Get Medical Attention Right Away
Seek immediate medical care, even for seemingly minor injuries. Insurance companies will scrutinize any delay in treatment and use it against you.
Don’t delay
Creates medical record
Documents injuries
Protects your health
Document Everything with Photos
Take photos of the accident scene, your bike, vehicle damage, your visible injuries, road conditions, traffic signs, and anything else relevant. More is better.
Collect Contact & Insurance Information
Get the driver’s name, phone number, address, license plate, driver’s license number, and insurance information. Also collect witness names and contact information.
Do NOT Give Recorded Statements
Insurance companies will call asking for a recorded statement. Politely decline until you speak with an attorney. Anything you say can and will be used to reduce or deny your claim.
Insurance trap
Protect your rights
Don’t admit fault
Preserve Your E-Bike
Don’t repair or dispose of your e-bike. Keep it in the condition it was in after the crash. Insurance companies and experts may need to inspect it.
Contact an E-Bike Accident Attorney
Speak with an experienced e-bike accident lawyer as soon as possible. Insurance companies move quickly to minimize claims. Early legal guidance protects your rights and maximizes your recovery.
Free consultation
No fees unless we win
Protect your rights
In New York, you generally have three years to file a personal injury lawsuit. However, if your case involves a municipality (road defect, pothole, etc.), you may have as little as 90 days to file a Notice of Claim. Don’t wait—contact an attorney immediately to protect your rights.
Contact Palermo Law today for a free consultation. We’ll review your case, explain your rights, and fight for the compensation you deserve.
