Setareh Law
November 6, 2024
Riding a bicycle as a pastime or mode of transportation may enhance your health while lowering your carbon impact. Many people in California choose to ride their bicycles for recreation and transportation. However, accidents are always possible. Additionally, homeowner’s insurance may cover damage to a bicycle or injuries sustained during an accident, so it’s important to check your policy details.
When a car recklessly strikes a bike, the injured rider is entitled to compensation for their injuries. Setareh Law can help you if you want to file an insurance claim or if you’re unsure what to do after an accident. Our bicycle accident lawyers in California have many years of combined legal expertise in resolving personal injury lawsuits. We are always happy to address any issues concerning bicycle accident insurance and your rights as a biker.
What Happens Following a Bicycle Accident?
After taking the right action following a bicycle accident, you must determine who is responsible for paying for your injuries. It all depends on who was at fault—the motorist or the rider. All drivers in California are required by law to exhibit “financial responsibility.” Most drivers comply with this requirement by acquiring 15,000/30,000/5,000 in liability insurance coverage, which is the minimum necessary by law.
Thus, the insured is protected against bodily injury liability to the tune of $15,000 per person per accident, $30,000 for all physical injury to multiple people per accident, and $5,000 for property destruction. Small bike accident reports that are covered by the policy limitations do well with this amount of coverage.
In most cases, accident-related expenses are covered by a bicyclist’s own health insurance, but various types of insurance cover bicycle accidents, including auto policies that may assist cyclists injured in collisions with vehicles. In addition to other advantages, some of this insurance could potentially cover work loss. The driver’s uninsured/underinsured motorist insurance should reimburse the expenses if they are at fault and the rider has no insurance.
A major injury from a bike collision, on the other hand, might result in medical bills that much exceed the limitations of the motorist’s policy. The wounded cyclist is held accountable for the additional costs. A cyclist may sue the driver to get their reimbursements. Many drivers, however, may have little or no assets to attach. Additionally, there are a lot of uninsured drivers on the road.
Consider All Costs Following a Bicycle Accident
After a bike accident, the first thing to do is to submit a police report so that both parties have a detailed account of the collision to present to their vehicle insurance. This will offer the necessary documentation for legal action and cash compensation.
Medical costs are the most commonly discussed expenses in these events. It is critical to retain the services of a skilled lawyer to evaluate all costs and negotiate a reasonable settlement with the other party’s motor insurance.
Depending on the circumstances, many additional factors might be examined, and skilled attorneys understand how to handle them in order to obtain their clients the justice they deserve.
Types of Insurance that May Cover Bicycle Accidents
When a bicycle accident occurs, it’s essential to understand the types of insurance that may cover the damages. In California, several types of insurance policies may provide coverage for bicycle accidents, including:
- Auto Insurance: The at-fault driver’s auto insurance policy may cover the damages, including medical expenses, lost wages, and property damage. This is often the primary source of compensation for injured cyclists.
- Uninsured Motorist Coverage: If the at-fault driver is uninsured or underinsured, the cyclist’s own auto insurance policy may provide coverage through uninsured motorist coverage. This ensures that the cyclist is not left without recourse for their injuries and losses.
- Medical Payments Coverage: This type of coverage, also known as MedPay, may pay for medical bills resulting from a bicycle accident, regardless of who is at fault. It can be a valuable addition to an auto insurance policy, providing immediate financial relief for medical expenses.
- Personal Health Insurance: The cyclist’s personal health insurance may cover medical expenses related to the accident. While it may not cover all costs, it can significantly reduce the financial burden of medical treatments.
- Homeowner’s Insurance: In some cases, homeowner’s insurance may cover damages to the bicycle or provide liability coverage if the cyclist is at fault. This can be particularly useful if the accident occurs on or near the cyclist’s property.
- Renter’s Insurance: Similar to homeowner’s insurance, renter’s insurance may provide coverage for damages to the bicycle or liability coverage. This type of insurance is beneficial for cyclists who do not own their homes but still want protection for their bicycles.
Understanding these various insurance options can help cyclists ensure they have adequate coverage in the event of an accident.
Uninsured Motorist Coverage and Bicycle Accidents
Uninsured motorist coverage is a crucial aspect of auto insurance policies in California. This type of coverage provides protection for cyclists who are involved in an accident with an uninsured or underinsured driver. If a cyclist is hit by an uninsured driver, their own auto insurance policy may provide coverage through uninsured motorist coverage.
Uninsured motorist coverage can help pay for:
- Medical Expenses: Covering the cost of medical treatments, hospital stays, and rehabilitation.
- Lost Wages: Compensating for income lost due to the inability to work while recovering from injuries.
- Property Damage: Paying for repairs or replacement of the damaged bicycle and other personal property.
- Pain and Suffering: Providing compensation for the physical and emotional distress caused by the accident.
It’s essential to note that uninsured motorist coverage is not mandatory in California, but it is highly recommended to ensure that cyclists are protected in the event of an accident with an uninsured driver. Having this coverage can provide peace of mind and financial security, allowing cyclists to focus on their recovery without worrying about the costs associated with the accident.
When May I File a Lawsuit in California After a Bicycle Accident?
The individual or responsible parties for the riding accident may be held financially accountable. In California, an accident victim may seek restitution by filing a personal injury claim. If you are hurt while riding in California, you may be eligible to obtain compensation for your:
- Body injuries
- Property damage
- Lost earnings
- Medical expenses
Before contacting the driver’s insurance company after a bike accident involving a car, you should consider contacting a lawyer. Usually, the insurance company tries to pay as little as possible to resolve the claim. Your attorney will communicate with the insurance provider on your behalf.
Uninsured Motorist Coverage for Bicycles
The bicycle movement has taken off, and more cyclists are on the streets than ever. The probability of being involved in an accident will also rise. Get bicycle coverage if riding your bike is part of your everyday routine. Most bicycle insurance packages include the following benefits:
- Medical expenses
- Physical impact coverage for bicycles
- Protection for cyclists in at-fault vehicle accidents and other incidents involving physical harm
- Protection against theft
- Transit security
- Bicycle liability insurance
- Rental assistance
In California, registering your bike and getting bike insurance are not requirements like car insurance. Depending on how frequently you ride, why you use it, and how much you value it, you should decide whether to purchase bicycle insurance.
Depending on your coverage, your homeowners’ or renters’ insurance claim may cover your bicycle if it is wrecked or stolen. These plans often cover circumstances where your bicycle is stolen or damaged somewhere other than your house.
Bicycle Accident Statistics and Prevention
Bicycle accidents are a significant concern in California, with thousands of cyclists injured or killed each year. According to the National Highway Traffic Safety Administration (NHTSA), California has one of the highest rates of bicycle fatalities in the country.
To prevent bicycle accidents, cyclists can take several precautions, including:
- Wearing Protective Gear: Helmets, knee pads, and other protective equipment can significantly reduce the severity of injuries in the event of an accident.
- Following Traffic Laws and Regulations: Obeying traffic signals, signs, and lane markings helps ensure that cyclists are predictable and visible to other road users.
- Using Designated Bike Lanes and Paths: Whenever possible, cyclists should use bike lanes and paths to stay separated from motor vehicle traffic.
- Being Visible and Aware of Their Surroundings: Wearing bright clothing, using lights and reflectors, and staying alert can help cyclists avoid collisions.
- Avoiding Distractions While Riding: Staying focused on the road and avoiding the use of phones or other distractions can prevent accidents.
Additionally, drivers can also play a crucial role in preventing bicycle accidents by:
- Being Aware of Cyclists on the Road: Checking mirrors and blind spots for cyclists before turning or changing lanes.
- Giving Cyclists Plenty of Space and Time to React: Allowing at least three feet of clearance when passing a cyclist and being patient in traffic.
- Avoiding Distractions While Driving: Staying focused on the road and avoiding the use of phones or other distractions.
- Following Traffic Laws and Regulations: Obeying speed limits, signals, and signs to create a safer environment for all road users.
By taking these precautions, cyclists and drivers can reduce the risk of bicycle accidents and ensure a safer and more enjoyable riding experience.
Expert Bicycle Accident Attorneys in California at Setareh Law Firm
Bicyclists in California have plenty of sunny days. They can ride their bikes all year to get some exercise or to commute to school or the workplace. Although they like cycling in the open air, they face potentially severe dangers when riding next to cars or trucks. Bicyclists have the same road rights as any other vehicle, but reckless drivers may make that journey dangerous if they don’t keep an eye out for those utilizing the bike lanes.
When a careless motorist hits a biker in California, the negligent driver’s insurance carrier is responsible for your entire recovery. If you’ve been injured due to the negligence of another, contact us at (310) 659-1826 for a free case review, or fill out our contact form to learn how we may assist you in maximizing your bicycle injury compensation. We also speak Spanish.
