When an uninsured or hit-and-run driver strikes a cyclist, victims may wonder how they can recover compensation. Fortunately, uninsured motorist (UM) coverage on the cyclist's own auto insurance often provides protection. Understanding how UM coverage applies to bicycle accidents helps victims pursue available compensation.
What Is Uninsured Motorist Coverage?
Uninsured motorist (UM) coverage protects you when you are injured by a driver who has no insurance or who flees the scene (hit-and-run). Rather than pursuing the uninsured driver's nonexistent policy, you file a claim with your own insurer.
Underinsured motorist (UIM) coverage—often bundled with UM—applies when the at-fault driver has insurance, but their coverage limits are insufficient to compensate your injuries fully.
UM/UIM Coverage for Cyclists
A key question for cyclists is whether their auto policy UM/UIM coverage applies when they are injured while riding a bicycle, not while in their insured vehicle. In most jurisdictions and under most policy language, the answer is yes.
UM/UIM coverage typically protects the named insured and family members while occupying any motor vehicle or while pedestrians. Though bicycles are not motor vehicles, courts generally interpret pedestrian provisions to include cyclists struck by vehicles. Review your specific policy language and state law.
Filing a UM/UIM Bicycle Accident Claim
Report the accident to your own auto insurer promptly. Policy deadlines for reporting and filing claims are often shorter than statutes of limitations for third-party claims. Failure to meet these deadlines may forfeit coverage.
Provide documentation including the police report, evidence of your injuries, medical records, and proof that the at-fault driver was uninsured or underinsured. For hit-and-run claims, many policies require a police report filed within 24-72 hours.
Coverage Limits and Stacking
Your recovery under UM/UIM is limited to your policy limits. If you carry $100,000 in UM coverage, that is your maximum recovery from that policy regardless of actual damages.
Some states allow stacking of UM/UIM coverage from multiple vehicles or policies you own, potentially increasing available coverage. Other states prohibit stacking. An attorney can advise whether stacking applies in your situation.
Disputes with Your Own Insurer
UM/UIM claims are filed against your own insurer, but this does not mean the process is friendly. Insurers may dispute coverage applicability, injury causation, or damage amounts. They may argue your injuries are pre-existing or exaggerated.
Many UM/UIM policies require arbitration rather than jury trial for disputed claims. Arbitration procedures and outcomes differ from litigation—understanding the process helps prepare your case.
Maximizing UM/UIM Recovery
Document your injuries thoroughly with medical records demonstrating accident-related treatment. Maintain consistent treatment and follow medical recommendations. Keep records of all expenses and impacts.
Legal representation often proves valuable in UM/UIM claims. Attorneys experienced with insurance disputes can navigate policy provisions, counter insurer tactics, and pursue arbitration effectively.
If you were struck by an uninsured or hit-and-run driver while cycling, check your auto insurance policy for UM/UIM coverage that may provide compensation for your injuries.