Every time we go on a bike ride, we take precautions to ensure our safety. We are equipped with our helmets, gloves, and mirrors. These things can’t protect us against a motorist who runs a red light, or is texting on their phone while they should be looking at where they are going.
In a bike versus car accident, a cyclist will always be on the losing side. Because our bikes and bodies don’t have crumple zones that can absorb the impact of collisions, even minor impacts can cause serious injuries to our bodies and lives.
Before you go on a ride, here are some things to consider.
After handling many cases involving bike accidents, I’ve learned that there are steps you should take before you even hit the road. This will ensure that you are covered in case you do actually hit the road.
Every cyclist should have good insurance. The driver who hits you legally is responsible for your medical costs. However, they don’t have to pay them as often as you need them. This applies only if your case is settled or a verdict is reached. You will be able quickly to get the medical care that you require by having health insurance. Keep a copy your insurance card with you on your bike.
A disability insurance policy is something you should consider, especially if your income is not sufficient to cover the cost of living for six months. Bicycle accidents can often cause severe injuries that could keep you out of work for several months. Insurance will cover the cost of replacing income lost due to your injuries.
Increase your Uninsured/Underinsured motorist coverage (UM/UIM) under your auto insurance policy. These benefits are available to you even if you are injured while riding your bicycle. This is important as you might have to reimburse your insurance company for any money they spent on your medical treatment. Having large amounts of UM/UIM coverage will ensure that you still have the ability to recover your losses, even if your insurance company has to pay you back. Ask your agent about such coverage.
What to do following an accident
Your case’s final value will be affected by everything you say or do following an accident. You should not give any information about the accident to anyone except the police and emergency personnel. An insurance adjuster may contact you shortly after your accident. Before you make any statements to an insurance company, it is advisable to consult a lawyer if you are unsure of what happened. You should also be certain that you understand what you are signing.
It is important to seek immediate medical attention and follow the advice of your doctor. Many people prefer to see chiropractors or massage therapists for their injuries. However, the insurance company of another driver may not cover such treatments unless they are prescribed by a medical doctor. It can also reduce the time it takes to recover by starting physical therapy sooner than you would like.
Keep track of all accident-related expenses. All receipts should be kept in an envelope and given to me after treatment is complete.
Assessing the case’s value.
You have the right to recover:
1. Your bike or other property may be damaged. This element of damage is usually settled quickly in most cases. You should ensure that your bike is valued at fair market value by the insurance company of the at-fault driver. Insurance adjusters may not be familiar with the costs of upgraded wheel sets or grouppos. They may just look on the Internet for prices for used bikes to estimate your damages. If possible, provide receipts for any upgrades. Ask your LBS to give you an estimate on the bike’s fair market value.
2. Any injuries sustained, including permanent impairment, in an accident.
3. Your injuries can cause pain and suffering in the future as well as past and present.
4. You lost income because you were unable to work following an accident. Keep track of all the time you were unable to work due to injuries or appointments.
5. Your permanent, accident-related impairment may result in a loss of future earnings. If your injuries are so severe that you might not be able work in the same position again, contact an attorney immediately.
6. Your medical expenses to treat your injuries. You will be responsible for paying any medical expenses incurred as a result of an accident.
7. All out-of-pocket expenses. All out-of-pocket expenses incurred by you as a result (prescription medication, medical devices etc ) are eligible for reimbursement.
8. A spouse of an injured person can claim “loss-of-consortia” damages. This damages are meant to compensate the spouse of an accident victim for inability to contribute to the household.
Consider hiring an experienced lawyer in this field of law. Research shows that accident victims get significantly higher settlements if they are represented by a lawyer even after paying the fees.