Herman & Herman PC released "Wrap and Tease," the closing segment of Episode 2 of Pedals to the Courtroom, the firm's New York cycling law series. Partner Robin Herman asks how long a New York cyclist has before a filing deadline shuts the door. Founding partner Glenn A. Herman, a cyclist and New York bicycle crash lawyer with over 25 years of experience, answers with the deadlines riders miss most.
Watch the segment here: Wrap and Tease on Pedals to the Courtroom
The segment covers:
- The 30-day deadline for a no-fault claim after a crash with a car
- The 90-day notice of claim under General Municipal Law Section 50-e for crashes involving a city, transit, or government vehicle
- Road defect claims and street hardware with an unknown owner
- The one year and 90 days to start a lawsuit against a municipality or public authority
- The three-year statute of limitations for crashes with a privately owned vehicle
- A preview of the next episode on settlements and real case results
Herman starts with a warning: the deadline depends on the circumstances of each crash. For a bicycle and a car, the rider has 30 days to file the no-fault claim for insurance benefits.
When a crash involves the City of New York, a transit vehicle, or another public entity, the rider has 90 days from the crash to file a notice of claim. Miss the notice, and the rider has no case except in a few situations. "It's a hard and fast government rule," Herman said.
Road defects follow the same 90-day rule when the city owns the roadway. Street hardware raises a harder question, since a grate might belong to the MTA and a manhole cover to a utility. Herman's advice for a defect in the road: file the notice of claim against the city, "even if you don't know who owns the manhole," then investigate ownership.
After the notice of claim, a lawsuit against the city, a municipality, or the MTA must start within one year and 90 days. Herman calls this a short window. For a crash with a privately owned vehicle, New York's Civil Practice Law and Rules give the rider three years to start a formal lawsuit.
"If you let time go by, you lose the claim," Herman said. He explains the firm has argued exceptions for clients who arrived after the 90 days passed, and courts have let some of those cases in. "It's not the situation you want to be in," he said. His advice: act immediately.
Robin Herman closes Episode 2 with a preview. The next episode walks into the courtroom to break down settlements, real case results, and what happens when an insurance company says no.
Cyclists and e-bike riders injured in Manhattan, Brooklyn, Queens, the Bronx, or Staten Island reach the firm 24/7 for a free consultation at 212-966-1928. The firm comes to clients at home, at work, or in the hospital, and charges no fee unless the case wins.
About Herman & Herman PC
Herman & Herman PC is a family-based New York City personal injury law firm founded by Glenn A. Herman and Robin S. Herman. The firm has recovered more than $30 million for injured clients across bicycle, auto, construction, and wrongful death cases. Glenn A. Herman is admitted to the New York State Bar, the U.S. District Courts for the Southern and Eastern Districts of New York, and the Supreme Court of the United States. The firm maintains offices in Manhattan at 620 Fifth Avenue, Suite 200 (Rockefeller Center) and in the Bronx at 2929 Third Avenue, 4th Floor, and serves Manhattan, Brooklyn, Queens, the Bronx, Staten Island, Nassau, Suffolk, and Westchester.
Attorney advertising. Prior results do not guarantee a similar outcome.
Media Contact Herman & Herman PC Phone: 212-966-1928 Website: hermannyc.com
Sources
[1] Pedals to the Courtroom, Episode 2, Segment 6: "Wrap and Tease," transcript, Herman & Herman PC, 2026. All legal explanations and quotes attributed to Glenn A. Herman come from this recording.
Source: Herman & Herman, P.C
Release ID: 2629685
