Successfully navigating insurance claims after a bicycle accident requires understanding which policies apply, how to communicate with insurers, and when to involve an attorney. Proper handling protects your right to full compensation while avoiding common pitfalls.
Insurance Coverage for Bicycle Accidents
Multiple insurance sources may cover bicycle accident injuries. The at-fault driver's auto liability insurance is primary—their policy covers injuries they cause regardless of whether the victim was in a vehicle or on a bicycle.
Your own auto insurance provides additional protection. Uninsured motorist (UM) coverage applies if the driver has no insurance or flees. Underinsured motorist (UIM) coverage supplements recovery when the driver's coverage is inadequate. Medical payments (MedPay) coverage pays your medical expenses regardless of fault.
Health insurance covers medical treatment but may seek reimbursement from any settlement through subrogation rights. Homeowners or renters insurance may provide liability coverage if you injured someone else.
Filing Claims Against the Driver's Insurance
Report the accident to the at-fault driver's insurance company promptly. Provide basic factual information about the accident but avoid detailed recorded statements without attorney guidance.
Do not accept early settlement offers before understanding the full extent of your injuries. Initial offers are typically low and may not account for ongoing treatment, permanent impairment, or non-economic damages.
Dealing with Insurance Adjusters
Remember that insurance adjusters work for their company—not for you. Their goal is to settle claims for as little as possible. Common tactics include requesting broad medical authorizations to search for pre-existing conditions, rushing you to settle before injury extent is known, making lowball offers hoping you will accept out of frustration, and using recorded statements to find reasons to reduce or deny claims.
Protect yourself by documenting all communications, being truthful but careful in statements, limiting medical authorizations to relevant treatment, and consulting an attorney before accepting settlements.
UM/UIM Claims on Your Own Policy
If the driver is uninsured or underinsured, file a claim under your own UM/UIM coverage. Even though this is your insurer, treat the claim carefully—the company's interest in minimizing payouts may conflict with your interest in full recovery.
UM/UIM claims have policy-specific deadlines and procedures. Review your policy and comply with notice requirements.
When to Involve an Attorney
Consider legal representation when injuries are serious or permanent, liability is disputed, the insurer denies or significantly undervalues your claim, you are unsure about the value of your case, or government immunity or product liability issues exist.
Attorneys typically work on contingency—collecting fees only from successful recovery. Statistics show represented claimants often recover more even after fees than unrepresented claimants in serious injury cases.
Settlement Considerations
Do not settle until you reach maximum medical improvement (MMI)—when your condition has stabilized. Settling too early may leave future expenses uncompensated. Once settled, you cannot seek additional compensation if injuries worsen.
Evaluate settlement offers against all damages: medical expenses (past and future), lost wages and earning capacity, pain and suffering, and permanent impairment.
If you are navigating insurance claims after a bicycle accident, understanding your coverage and the claims process helps ensure fair compensation.