If you’re struck by a passenger car while riding your bicycle, the at-fault vehicle driver’s insurance company coverage may cover your property damage and bodily injuries. If you’re at fault for causing a bike accident, your personal liability homeowners insurance coverage or renters policy cover damages and injuries up to the policy coverage amount limits. In America, auto insurance policies tend to protect injured cyclists. The at-fault party’s insurance company pays if you can prove fault.
There are several ways of obtaining car insurance coverage for these cases. Cyclists could get uninsured motorist coverage, personal injury protection, or, in the best-case scenario, they may be covered by personal health insurance that will take all the liability costs of the accident.
The first thing that needs to be done after getting in an accident is to call the police for them to file a report and get medical attention. It is also crucial for the vehicle driver to stop driving as soon as the accident happens and don’t drive away, as this will be considered a hit and run and will have much more severe consequences.
Several types of insurance policies can cover the damage caused by bicycle accidents. The following list is meant to explain the most commonly used types.
All drivers must own auto insurance and carry personal injury protection so that minor accidents can be settled as quickly as possible and prevent them from going to court. Still, the victim must negotiate with the at-fault party to determine a fair amount for their losses.
Another smart thing to do is to carry uninsured motorist coverage in all car insurance policies, as this is going to give the victim the possibility to recover the PIP minimum amount and extra medical fees.
In order to do this, the cyclist must file a proper claim and call the police to obtain a report. This type of insurance is especially useful in hit-and-run cases where the at-fault car cannot be identified.
Homeowner’s insurance is helpful in cases where the cyclist was at fault for the accident, as it prevents them from taking financial liability for the damages they may have caused, such as property or health damages.
Health insurance will only be useful if any of the parties require medical attention, as it will cover all the treatments and medical costs caused by the accident. Still, the victim can pursue legal action against the at-fault party to get their money reimbursed.
The previously described insurance policies have several ways of proceeding when covering a bicycle accident. Some of the most common are the following.
For the At-fault Party
Once the liability is determined, the at-fault party’s insurance policy will cover the damages caused by the accident to the other party. It can also cover the injuries caused to the at-fault party and the cost of repairing the bike or any other damaged property.
For the Victim
On the other hand, the victim is entitled to financial compensation from the party at fault to take care of the injuries sustained by the accident and fix all damaged property. The other driver’s liability insurance policy can cover these costs.
When the Cyclist Is at Fault
In these cases, the cyclists must have personal liability insurance or a renter’s insurance policy to cover the damages caused by the accident. Still, their injuries can be covered by their health insurer.
When the Driver Is at Fault
If the driver has their own auto insurance coverage, it must cover the cyclist’s medical expenses and other extra costs resulting from the accident. That’s why it is crucial for all drivers to have car insurance so that they won’t have to pay out of their pocket for the damages they caused during the car accident.
The cyclist could have medical insurance to cover their medical costs, but they are still entitled to pursue legal action against the driver and get financial compensation.
When the Cyclist Is at Fault
If the cyclist is at fault, all injuries and property damage must be paid for by their personal car insurance or homeowner’s insurance coverage. This includes their injuries and the victim’s injuries, but this will depend on the nature of the case and whether there are aggravating factors or not.
When the Pedestrian Is at Fault
On the other hand, if the pedestrian walks into the bike lane and causes an accident, their insurance company must pay for all the costs of the injuries and property damages, including their injuries and the biker’s financial compensation.
These accidents happen more than you would believe, as sometimes bikers aren’t aware of their surroundings and end up colliding with a parked car, tree, pothole, or any other object on the road. If this happens, their health insurance coverage should handle the situation regarding their medical expenses.
When the driver collides against someone else’s property and damages it, they must make sure to have personal liability coverage that can pay out for all damages caused by the accident.
Several steps must be followed after a bicycle accident to ensure everything runs as smoothly as possible once the car insurance companies get in touch with each other.
Take Photos and Exchange Information
The first step is to register as much evidence as possible. Both parties can do this by taking pictures and videos, as well as writing down all crucial details of the accident while they’re still at the scene. They should also exchange contact details and auto insurance policy information to proceed with the claim.
See a Doctor
This is a crucial step after getting into a bike accident, even if there aren’t any visible injuries, as the lawyers will need medical records to create a strong defense and win the case. Injuries also don’t tend to appear right away, so only medical professionals will know what to do in case they happen after a couple of hours or days.
It can also help to determine how much money the victim will need to be retributed due to their medical bills.
Determine Whether a Claim Needs to Be Filed
The at-fault driver will need to file a claim with their auto insurance, which is why the first thing that needs to be done is to determine liability so that the case can continue and both parties can get the coverage they deserve.
After getting into a bike accident, the first step is to file a police report so that both parties have an accurate description of the accident they can show to their auto insurance. This will provide the needed evidence to take legal action and get financially compensated.
The most common costs that are considered in these accidents are related to medical expenses. Still, these aren’t the only damages that need to be compensated after a bike accident. It is crucial to hire a professional lawyer to calculate all the costs and get a fair settlement with the other party’s auto insurance.
Some of the most common damages that must be considered are medical payments coverage, pain, and suffering, lost wages, potential disability, traumatic brain injuries, spine injuries, attorney’s fees, loss of life quality, etc.
Still, many more aspects can be considered depending on the case, and professional attorneys know how to properly approach them and get the justice their clients deserve.
This is the most critical part of the case, as no one can get compensated without a liable party. In most cases, a bicycle accident involving cars results from someone’s negligence, which is why attorneys must find the liable party so their clients can seek compensation.
Luckily, this can be proven easily, as they only need to provide evidence of the following aspects.
Yes! Auto insurance can cover a bicycle accident, but it will depend on several factors. Still, the best way of determining whether a person can seek compensation or not is by hiring one of the super lawyers from the Ehline Law firm. Contact us today to get a free consultation at this phone number (213) 596-9642.
Michael is a managing partner at the nationwide Ehline Law Firm, Personal Injury Attorneys, APLC. He’s an inactive Marine and became a lawyer in the California State Bar Law Office Study Program, later receiving his J.D. from UWLA School of Law. Michael has won some of the world’s largest motorcycle accident settlements.
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