How Bicycle Accident Claims Navigate Vehicle Insurance Laws
A car strikes you while you’re riding your bicycle, and you suffer serious injuries. You’re not in a motor vehicle, so you’re confused about how insurance coverage works and whether you have the same rights as drivers. Bicycle accidents create unique insurance and legal situations that many cyclists don’t understand until after they’re injured. The good news is that cyclists hit by negligent drivers have full rights to pursue compensation through the driver’s auto insurance, even though bicycles aren’t motor vehicles.
Our friends at The Andres Lopez Law Firm help injured cyclists understand their rights against drivers and insurance companies. A personal injury lawyer experienced with bike crashes knows how to handle the insurance complications, liability disputes, and bias that cyclists often face when pursuing claims against motorists.
Drivers’ Insurance Covers Bicycle Accidents
The driver’s auto insurance liability coverage applies to bicycle accidents they cause just as it would for car-on-car collisions. Liability insurance covers bodily injury and property damage the policyholder causes to others, and “others” includes cyclists, pedestrians, and anyone else injured by the insured driver’s negligence.
You don’t need your own auto insurance to make a claim against the driver who hit you. Their insurance covers your injuries regardless of whether you own a car or carry auto insurance yourself.
Your Own Auto Insurance Can Help
If you own a vehicle and carry auto insurance, several coverage types on your own policy might provide benefits after a bicycle accident even though you weren’t driving:
Medical Payments Coverage (Med Pay)
Med Pay coverage pays medical expenses regardless of fault. If you have this coverage on your auto policy, it typically applies when you’re injured as a cyclist. This coverage pays bills quickly while you pursue a liability claim against the driver.
Personal Injury Protection (PIP)
In no-fault insurance states, PIP coverage on your auto policy often covers bicycle accident injuries. PIP provides medical expense coverage and wage loss benefits without requiring proof that the driver was at fault.
Uninsured/Underinsured Motorist Coverage (UM/UIM)
If the driver who hit you has no insurance or insufficient coverage for your injuries, your own UM/UIM coverage can fill the gap. This protection is valuable in serious injury cases where the at-fault driver’s liability limits don’t adequately compensate you.
Proving Driver Negligence
Like any personal injury claim, you must prove the driver was negligent and that their negligence caused your injuries. Common forms of driver negligence in bicycle accidents include:
- Failing to yield right-of-way at intersections
- Opening car doors into bike lanes without checking (dooring)
- Making right turns across bike lanes without signaling or checking
- Following too closely or aggressive driving around cyclists
- Distracted driving from phones or other devices
- Driving under the influence
- Violating traffic laws that protect cyclists
Police reports, witness statements, traffic camera footage, and accident reconstruction help prove how the driver’s negligence caused the collision.
Cyclist Traffic Law Compliance Matters
Drivers and their insurance companies often claim cyclists violated traffic laws and contributed to accidents. Whether you were following traffic rules affects liability and compensation.
Cyclists must generally obey the same traffic laws as vehicles. Running red lights, riding against traffic, or failing to signal turns can contribute to comparative fault that reduces recovery.
However, many drivers incorrectly believe cyclists don’t belong on roads or that bicycle-specific laws apply when they don’t. Understanding actual traffic laws versus driver assumptions helps counter false liability claims.
Bias Against Cyclists
Insurance adjusters and juries sometimes harbor bias against cyclists, assuming they shouldn’t be on roads or that they must have done something wrong. This prejudice makes bicycle accident cases more challenging than typical car crashes.
Overcoming this bias requires strong evidence proving the driver’s fault and demonstrating that you followed all applicable traffic laws. Video evidence is particularly powerful in countering anti-cyclist bias.
Comparative Negligence Applies
Most states apply comparative negligence principles to bicycle accidents. If you’re found partially at fault, your recovery is reduced proportionally.
For example, if you suffered $100,000 in damages but you’re 20% at fault for the accident, you’d recover $80,000. In modified comparative negligence states, being more than 50% (or 51% depending on the state) at fault can bar recovery entirely.
Insurance companies aggressively argue cyclist fault to reduce payouts. Even when drivers clearly violated your right-of-way, adjusters claim you should have been more defensive or could have avoided the collision.
Property Damage To Bicycles
Bicycle property damage claims are part of the overall case. Quality bicycles can cost thousands of dollars, and helmets, cycling gear, and accessories damaged in crashes add to property losses.
Insurance companies sometimes undervalue bicycles by comparing them to basic department store models rather than recognizing the value of serious cycling equipment. Documentation of your bicycle’s make, model, and condition before the accident supports proper valuation.
Serious Injury Patterns
Bicycle accidents often result in catastrophic injuries because cyclists lack the protection car occupants have. Common serious injuries include:
- Traumatic brain injuries even when wearing helmets
- Spinal cord injuries and paralysis
- Multiple fractures from impact or being thrown
- Road rash requiring skin grafts
- Internal organ damage
- Facial injuries and dental damage
These severe injuries require substantial compensation that often exceeds typical auto policy limits, making UM/UIM coverage particularly important for cyclists.
Hit-and-Run Bicycle Accidents
Hit-and-run drivers who flee after striking cyclists create particular challenges. Without identifying the driver, you cannot pursue their insurance. Your own UM coverage becomes the primary source of compensation if you carry it.
Police reports are necessary for uninsured motorist claims arising from hit-and-runs. Even if you don’t think police will catch the driver, filing a report documents the incident for insurance purposes.
Municipal Liability For Road Conditions
Dangerous road conditions like potholes, poorly maintained pavement, or inadequate signage that contribute to bicycle accidents might create liability against cities or counties responsible for road maintenance.
These governmental claims face strict notice requirements and shorter deadlines than regular injury cases. Missing notice periods bars claims against government entities even when their negligence clearly contributed to your accident.
Health Insurance Subrogation
If your health insurance pays for bicycle accident medical treatment, they’ll likely assert subrogation rights to be reimbursed from any settlement. These liens can be negotiated to maximize your net recovery, but they reduce take-home amounts.
Understanding and addressing health insurance liens before finalizing settlements protects you from unexpected repayment demands after receiving settlement funds.
Helmet Use And Liability
Some jurisdictions have mandatory helmet laws. Failing to wear a helmet when required can affect comparative fault, though it typically doesn’t completely bar recovery.
More importantly, not wearing a helmet gives insurance companies arguments that your head injuries would have been less severe with proper protection. This comparative negligence claim can reduce settlements even in states without helmet laws.
Statute Of Limitations
Bicycle accident claims face the same statutes of limitations as car accident cases in most states, typically two to four years from the accident date. However, claims against government entities for road defects have much shorter notice requirements.
Acting quickly preserves evidence and ensures you meet all applicable deadlines.
Advocating For Cyclist Rights
Cyclists have equal rights to use roads safely and to pursue full compensation when drivers’ negligence causes injuries. Understanding how auto insurance applies to bicycle accidents, what coverage protects you, and how to prove driver fault helps you fight bias and recover fair compensation. We represent injured cyclists and understand the unique insurance issues, liability disputes, and prejudices these cases involve. If you’ve been hit by a car while cycling and have questions about your rights and available insurance coverage, contact our team to discuss how we can help you pursue the compensation you deserve.