Question:
I was riding my bicycle and involved in an accident that was someone else’s fault. I ended up in the hospital. What insurance applies?
Answer:
If you were injured in a bike accident that was another person’s fault, the insurance that applies depends on the type of accident.
ACCIDENT BETWEEN A BICYCLIST AND A CAR
If you were hit by a car while biking, the at-fault motorist’s auto insurance will apply to cover your medical bills, lost wages, pain and suffering, and property damage.
If the driver who hit you had no auto insurance, or it was a hit-and-run and you don’t know the identity of that driver, you can make an uninsured motorist claim under your own auto insurance policy, if you have that coverage. Most people don’t know that you can make an uninsured motorist claim even though you were riding a bike. The triggering factor which makes uninsured motorist coverage apply is that you were hit by a motor vehicle.
ACCIDENT BETWEEN A BICYCLIST AND ANOTHER BICYCLIST OR SCOOTER RIDER OR PEDESTRIAN
If while biking you were hit by another bicyclist, a scooter rider, or a pedestrian, and the other party was at fault, then their homeowners or renters insurance may cover your claim. If they did not have homeowners or renters insurance, they are personally liable to pay your bills. The reality, however, is that without an insurance policy to make a claim on, you will likely have a tough time collecting from that person.
BIKE ACCIDENTS CAN CAUSE SERIOUS INJURIES
A bike rider injured in an accident can suffer very serious injuries, including head injuries, spinal injuries, hand and wrist injuries, and road rash. The injury victim will likely be unable to work for a period of time. Bills will add up quickly. It is important that you obtain medical treatment from the appropriate medical specialists, which could be orthopedists, neurologists, or plastic surgeons.
SPEAK TO A PERSONAL INJURY LAWYER ASAP AFTER A BIKE ACCIDENT
If you were injured in a bike accident, it is important to speak to a personal injury lawyer to learn your rights. To protect these rights, this conversation should be held as soon as possible after the accident. Even if it may seem obvious that the other party was at fault, their insurance company could try to get a discount on what they owe you by attempting to shift some of the blame to you. It will be important to canvass the area for witnesses and video surveillance cameras and to take photos and video of the scene.
IT COSTS YOU NOTHING UPFRONT TO HIRE A BIKE ACCIDENT LAWYER
It is a common misperception that you have to pay to hire an accident attorney. You don’t. Personal injury lawyers work on a contingency fee basis. That means that you pay them nothing up front. They get paid at the end, out of the settlement. If no money is recovered on your claim, your attorney is paid nothing.
If you were injured in a bike accident, call the attorneys at McGee, Lerer & Associates for a free consultation.