After being in a bike accident, you may have medical bills, time off from work, property damage to your bike, and other issues for which you want to recover compensation.
However, the circumstances of the bike accident and the insurance coverage of the parties involved could affect your bicycle accident claim. You’ll either file through the insurance policy of the negligent driver or your own personal health insurance if your cycling accident wasn’t with a vehicle.
Several factors can influence which insurance policy you use to file a claim for your personal injuries after a bike accident. Learn more below about which type of insurance policy to file a claim under for your medical expenses and other damages in Orange County, CA.
You might have several options to cover a bicycle accident between different auto insurance policies, depending on the events of the accident. Some options could include:
The success of your Orange County bicycle accident insurance claim could depend on whether you follow the correct steps at the accident scene. If possible, you should:
Because bike accidents are often more traumatic for the bicyclist, you may or may not be able to follow through on all of these steps immediately. If you have to leave in an ambulance, you won’t be able to complete some of these steps.
Having an experienced accident attorney on your side can help you recover nearby security footage and witness statements. However, time is of the essence, as many businesses don’t keep security videos very long and witnesses begin forgetting details.
Your attorney can also represent your claim on your behalf so you can focus on recovering from your injuries.
When a car accident leads to bicyclist injuries, the negligent driver’s policy will cover the rider’s injuries under their injury coverage. If the driver only carries the minimum coverage required by the state or doesn’t have insurance, you’ll need your own underinsured or uninsured motorist coverage. You may also need your UM/UIM coverage if the driver who hit you leaves the scene in a hit-and-run.
If there were no motor vehicles involved in your accident, you would need to turn to personal liability coverage under another type of insurance outside of an auto insurance policy. This could include MedPay, bicycle insurance, or your homeowner’s or renter’s policy.
You must file a claim in California through the negligent party’s insurance company. Car insurance policies cover injuries caused by negligent drivers.
You may need to file a claim for your injuries through your personal injury protection policy or health insurance to temporarily pay for your injuries. Your insurance company can then seek reimbursement from the driver’s car insurance provider. Speak with your personal injury attorney about financial compensation from a car insurance claim before approving any payments.
So what does car insurance cover in bicycle accidents? The driver’s auto insurance company may offer a settlement that includes economic damages, such as medical bills and lost wages. Settlements often don’t include non-economic damages.
Your offer from the car insurance provider should at least cover your medical expenses, including hospital bills, ambulance rides, transportation costs to appointments, follow-up treatments, and rehabilitation therapy.
If your injuries are severe enough to warrant time off from work, your settlement agreement should include past and future wages. Included would be wages lost from missing work and compensation for a reduced earning capacity, if applicable.
You may need to file a lawsuit to seek compensation for non-economic damages. These would include loss of enjoyment of life, loss of consortium, disfigurement, reduced quality of life, and other intangible damages. Your bicycle accident attorney can help you determine the value of your non-economic damages to request in your claim.
At the Khalil Law Group, we represent injured people in insurance claims and lawsuits. Call us today at (714) 617-7870 or contact us online to learn more about insurance claims for bicycle accidents in Orange County, CA.