Getting hit by a car while riding your bicycle can be a terrifying experience for even the most seasoned riders. However, finding out that the driver was uninsured can worsen an already stressful situation.
If you or a loved one has found yourself in a similar situation after a bicycle accident, rest assured you may still have options - keep reading to learn more.
What To Do Immediately After Being Hit By A Car On Your Bike
Being involved in a bicycle accident with a vehicle can be a traumatic experience. To protect your safety and well-being, you need to take certain steps immediately after the accident.
Gather Information
Try to get the driver’s name, address, and, if available, insurance details. Look around for people who saw the incident and ask them if you can give their names when you tell your story later. Make sure to take photos of the accident scene, including any skid marks on the road, damage to your bike, and any injuries you sustained.
Write down everything about the accident as soon as possible so you don't forget any important details. This includes where and when the accident happened and how it took place. Make a note of things like traffic lights or signs, as they could provide information about who had the right of way.
All this information will be helpful if you have to prove the incident in court or to an insurance company.
Report Accident To Police And Insurance
Even for a minor crash, a police report records how the collision happened and who was involved, which matters most when the driver turns out to be uninsured. If you are taken to the hospital before you can speak to an officer, follow up with the agency afterward to get a copy.
Then, you will have to contact your insurance company to inform them of the bike accident. It is best for you to retain an attorney first, who will then report your claim to the insurance company while also protecting your rights. You'll need to do this quickly, as many insurers have deadlines for reporting accidents. Make sure to share any information you've gathered with your attorney, including photos and witness contacts.
Seek Medical Attention
Even if you think you feel fine, you should see a doctor immediately following an accident. A doctor will check whether you’ve sustained any injuries and prescribe any necessary treatment. This step isn’t only about your health but also documenting your injuries, which is important if you want to ask for money later.
If the driver who hit you was uninsured, this record will help you if you seek compensation through other means, such as uninsured motorist insurance or a personal injury lawsuit.
Always put your well-being first and realize these documents will be used as evidence in case you need them later in legal matters.
Compensation Options After Your Bicycle Accident
Bicycle accidents can result in extensive injuries, leading to long-term consequences such as medical bills, lost wages due to missed work, and even permanent disability. If you've been involved in a bicycle accident, it's important that you're aware of the compensation options available to you.
Florida PIP Covers Cyclists Struck By A Car
Personal injury protection is the first place a Florida cyclist looks, even though a bicycle carries no insurance of its own. Florida Statute 627.736(1) requires a PIP policy to cover the named insured, relatives living in the same household, and other persons struck by the motor vehicle and suffering bodily injury while not an occupant of a self-propelled vehicle. A cyclist hit by a car is therefore covered by their own auto policy if they own one, or by the policy of a relative in the same household.
PIP pays 80 percent of reasonable and necessary medical expenses up to a $10,000 limit. The deadline is the part cyclists miss. Under Florida Statute 627.736(1)(a) benefits are available only if you receive initial services and care within 14 days after the crash, and those 14 days run from the crash, not from the day symptoms appear. If a provider determines you did not have an emergency medical condition, PIP benefits are capped at $2,500 rather than $10,000.
Uninsured or Underinsured Motorist (“UM”) Coverage
Uninsured motorist coverage can help you if you're hit by a driver without auto insurance while riding your bike. This type of coverage is part of your car insurance policy. It pays for injuries or damages if the at-fault driver can't pay the costs because they’re uninsured.
In Florida, purchasing uninsured motorist coverage is smart because you'll often encounter drivers who aren't properly insured or have very low insurance limits. That is why uninsured motorists also refer to underinsured motorists.
Check your policy to see if you have this coverage. If so, you may be compensated for medical bills and pain and suffering after a bicycle accident caused by an uninsured driver.
Florida Statute 627.727(1) requires an insurer writing bodily injury liability coverage in Florida to include uninsured motorist coverage unless a named insured rejects it in writing on a form approved by the Office of Insurance Regulation. A signed rejection creates a conclusive presumption that the choice was informed and knowing, so where the insurer cannot produce a signed form, UM coverage may still apply at limits equal to the bodily injury liability limits.
File A Personal Injury Claim
A personal injury claim goes directly against the driver who hit you, and it reaches losses PIP does not: the other 20 percent of your medical bills, treatment beyond the $10,000 PIP limit, lost wages, and pain and suffering. It matters most when the driver carries no bodily injury liability coverage, which Florida does not require, or carries limits too low to cover what happened.
Two rules shape what the claim is worth. Florida Statute 95.11(5)(a) gives you two years from the date of the crash to file a negligence lawsuit for causes of action accruing after March 24, 2023, and missing that date ends the claim. Florida Statute 768.81(6) reduces your recovery by your own share of fault and bars recovery entirely if you are found more than 50 percent at fault, which is why an insurer will work to pin blame on the cyclist over lane position, lighting, or a signal.
A bicycle accident attorney handles the parts that decide those two questions: preserving scene evidence, locating witnesses, and applying the traffic statutes that establish right of way.
The Importance Of Hiring An Experienced Bicycle Accident Lawyer
The consequences of a bicycle accident can be overwhelming, especially when an uninsured motorist is involved. Legal action may be necessary to recover damages and put the incident behind you. While you may be tempted to pursue legal action on your own, the legal system's complexity makes it important to hire an experienced bicycle accident attorney.
Risks Of Negotiating Alone
The legal intricacies involved in a claim for an uninsured bicycle accident can be overwhelming to navigate alone. The legal details of such a claim can be complicated, and determining fault can be difficult without experienced legal help. In addition, insurance companies may take advantage of this lack of legal representation of individuals by offering compensation that is disproportionate to the actual damages incurred.
An experienced bicycle accident attorney can help protect an individual's rights and negotiate a favorable settlement. They can also guide an individual through the legal procedures of an uninsured motorist claim while ensuring that the insurance company acts in good faith.
Preserving Your Legal Rights
An attorney can help protect a person's rights throughout the case, from the accident investigation to the final settlement. They can also help collect and preserve evidence at the accident scene.
Evidence disappears fast. The bike gets repaired, the scene gets swept, and witnesses stop answering their phones. An attorney can preserve that record while it still exists and deal with the insurer directly, so your own recorded statement is not used against you later.
How To Choose The Right Lawyer For Your Case
Choosing the right bicycle accident lawyer matters because the person handling your file decides how the evidence gets developed. Look for a firm that regularly handles Florida bicycle and uninsured motorist claims. Under Florida Bar rule 4-7.14 a lawyer may be called a specialist or an expert only where they hold board certification in that field, so read any claim of experience for what it actually says.
When making this choice, it's important to carefully consider the lawyer's background, knowledge, and track record to assess their suitability for the case.
Speak To An Attorney About Your Bicycle Accident Today
If you've been involved in a bicycle accident with an uninsured driver, the legal process can be daunting, especially when dealing with a serious injury. Don’t face this ordeal alone; call Weinstein Legal Team today to speak with an attorney.
We will look at your medical bills, lost wages, and the coverage actually available, explain what your claim realistically involves, and deal with the insurer for you. Give us a call at 888.626.1108 or click here to schedule a free, no-obligation consultation today.
