When a driver strikes a cyclist and flees the scene, victims face both physical injuries and the frustration of a missing defendant. However, legal options exist for hit-and-run bicycle accident victims to recover compensation even when the driver escapes.
The Problem of Hit-and-Run Bicycle Accidents
Hit-and-run accidents are tragically common in bicycle collisions. Drivers may flee due to impairment (DUI drivers hoping to avoid arrest), lack of insurance or valid license, panic after causing injury, or lack of concern for cyclist victims.
Without an identified driver, victims cannot pursue claims against the at-fault party's insurance. However, alternative recovery sources often exist.
Steps to Take After a Hit-and-Run
Call 911 immediately. Report the accident and provide any information about the vehicle—make, model, color, license plate numbers (even partial), and direction of travel. The sooner police begin searching, the better the chances of locating the driver.
Seek witnesses who may have seen the vehicle or captured video. Nearby businesses, traffic cameras, and doorbell cameras may have recorded the collision or the fleeing vehicle. Prompt investigation is essential as footage is often overwritten quickly.
Preserve all evidence from the scene. The vehicle may have left paint transfer or debris that helps identify it. Your damaged bicycle should be preserved for forensic examination.
Uninsured Motorist Coverage
Your own auto insurance policy is the primary recovery source in hit-and-run accidents. Uninsured motorist (UM) coverage protects you when the at-fault driver has no insurance or cannot be identified.
UM coverage applies to bicycle accidents even though you were not in a vehicle at the time. The policy covers the named insured and often family members for injuries caused by uninsured or hit-and-run drivers. Coverage limits vary—check your policy for amounts.
Filing a UM Claim
UM claims are filed with your own insurance company. While this is your insurer, their interests in minimizing payouts may conflict with yours. Treat communications carefully and consider legal representation.
Documentation requirements are similar to third-party claims: medical records, evidence of damages, and proof the accident occurred as described. Some policies require a police report as a prerequisite for UM hit-and-run claims.
When the Driver Is Later Identified
If police investigation identifies the driver, you can pursue claims against them and their insurance in addition to UM coverage. Hit-and-run drivers face criminal charges, and the criminal case may reveal assets and insurance information.
Civil restitution ordered in criminal proceedings may provide additional recovery. However, convicted hit-and-run drivers often have limited assets.
Other Recovery Options
Additional compensation sources may exist depending on circumstances. If a third party contributed to the accident (poor road conditions, defective bicycle component), claims against them may be viable. If the driver was later identified and using a vehicle for work, employer liability may apply.
Some states have crime victim compensation funds that provide limited benefits for violent crimes, which may include hit-and-run injuries.
Time Limits and Deadlines
UM claims have time limits specified in your policy, often shorter than statutes of limitations for claims against third parties. Prompt filing protects your rights.
If you were injured in a hit-and-run bicycle accident, contact an attorney immediately to investigate recovery options and meet applicable deadlines.