After a bicycle accident claim, you have a number of possible options. Here are some different ways you can try to get compensation.
You can get medical expenses paid for by your health insurance company
If you have health insurance, your insurance company should pay for medical expenses — but not for other bicycle accident losses, such as lost wages.
If you successfully file a damage claim and get reimbursed by another driver, you can expect your health insurance company to try to recover the money they spent from your settlement or damages award.
You Can Get Compensated From Your Auto Insurance Company
Your own auto insurance company may cover your bike accident losses even if you were on your bike and not in your car when the accident happened.
If you live in a no-fault state and have Personal Injury Protection (PIP), your insurance company may pay out. PIP covers medical expenses and some lost wages in collisions that result in only minor injuries.
Your insurance company may also offer compensation based on your uninsured or underinsured motorist insurance if the driver who caused your bike accident had little or no insurance.
You Can Get Compensated From Your Homeowner’s or Renter’s Insurance
If you have homeowners or renters insurance, it will likely cover damage to your bike due to an accident, as well as damage to clothing or other personal property you were wearing or carrying at the time of the accident.
Looking to speak with an accident attorney?find the one closest to you
Get a free consultation from an attorney near you.
learn more
You Can Get Compensation From At-Fault Drivers
If a driver caused your bicycle accident, you can file a claim against that driver. Most of the time, you’ll be dealing with their insurance company.
The insurance company may offer an out-of-court settlement, which usually means you waive your right to sue further and receive a lump sum payment. Or you can file a bicycle accident lawsuit, go to court, prove your case and get what the court thinks is right for you.
Whether your case settles or goes to trial, the insurance company will only pay up to the policy limit. If your losses exceed this amount, you will have to attempt to recover directly from the at-fault driver, which can be difficult depending on the amount of assets the driver has.
You can get compensation from the at-fault driver’s employer
If you were injured by a driver who was working at the time, you can file a claim against the driver’s employer under a legal principle called vicarious liability.
Under the rules of vicarious liability, employees are “agents” of their employers in the performance of official duties. Therefore, if an employee’s negligence causes injury, the employer is liable regardless of whether the company itself was negligent.
you can get compensation from the government
If problems with road design or traffic signals lead to bicycle accidents, the government entity responsible for roads or traffic lights may be held liable.
Hiring an attorney is especially important if you are trying to recover compensation for a bicycle accident from this source. This is because special rules apply when suing the government under the legal principle of sovereign immunity. .
You Can Get Compensated From Your Bike Manufacturer
If something goes wrong with your bike that causes an accident, you can file a claim with the manufacturer, seller or distributor of the bike or its parts.
For example, if the brakes on your bicycle fail and you crash into a tree and get injured, this could be an example of a situation where a product defect was the proximate cause of your damage.
