What Happens If an Uninsured Motorist Hits a Cyclist?

Bicyclists Hit by Uninsured Drivers & Hit and Run Drivers

But the question arises of what to do in a bicycle accident with a driver who lacks sufficient insurance coverage or is entirely uninsured. The compensation process can become significantly more complex and confusing.

Dealing with an uninsured or underinsured motorist and seeking compensation can be challenging. You have to rely on your insurance company for assistance, and you may also face difficulties as they may adopt an aggressive approach toward your insurance claim. It is essential to consult a bicycle accident lawyer in such a case.

Your bicycle accident lawyer can understand the disappointment and confusion you may experience in such situations. A bike injury lawyer has extensive expertise in helping injured cyclists in bicycle accident cases and is well-informed in navigating the legal complexities.

What To Do After a Hit-and-Run Bicycle Accident?

Taking immediate steps for legal rights and personal injury protection in a hit-and-run bicycle accident is necessary. Here is a step-by-step guide for you to follow:

Step 1: Call 911

Call 911 and inform the police about the hit-and-run bicycle accident. Even if the negligent driver escapes, it is crucial to have an official police report documenting the bicycle accident. The police can also offer primary medical treatment if required.

Step 2: Immediate First Aid

It is vital to seek medical assistance for bicycle injury cases, regardless of how minor they may appear. Some injuries, such as concussions or internal bleeding, may not be immediately evident. A medical professional can assess your condition and provide the necessary treatment.

Step 3: Collect Information

Gather as much information as possible about the accident scene and the motor vehicle for your bicycle accident claim. Take photographs of the accident site, your bicycle's damages, and any injuries suffered. Record the license plate number, model or company of the motor vehicle, and other identifying details if feasible.

Step 4: Connect to Witnesses

Obtain the contact information of witnesses. If anyone witnessed the bicycle accident or has information about the vehicle or driver, ask for their name and phone number. They could provide valuable statements about your bicycle crash.

How Can A Bicycle Accident Lawyer Help You?

Bicycle crashes can result in serious injuries that significantly impact your life. You may face challenges such as being unable to work, lost wages, requiring costly medical treatment, and experiencing emotional distress. To navigate this complex situation and secure the compensation you deserve, having a knowledgeable bicycle accident attorney by your side is essential. An experienced bike injury lawyer has in-depth knowledge about insurance claims, health insurance, personal injury law, and bicycle laws. He/she will stand with you and guide you throughout the process, and help you in the following ways:

The Risks of Negotiating Alone

Negotiating with the at-fault party’s driver's insurance company on your own is not advisable. Every insurance company is profit-oriented and hires professionals who aim to minimize claims. While you can reach an agreement independently, a bike accident lawyer will protect your best interests and ensure you receive the rightful compensation you deserve.

Preserve Your Legal Rights After the Bicycle Accident

You likely provided a statement to the police detailing the accident and the damages you suffered. However, the full extent of your injuries and other damages may become apparent over time. Before engaging in any discussions or providing further statements, it is crucial to consult with a lawyer who can guide you through the legal process and safeguard your rights.

Interview Multiple Bicycle Accident Lawyers

Schedule appointments with three to five bicycle accident lawyers to assess your options. As you would only purchase a car by test-driving several models, you must meet multiple lawyers to determine your comfort level, assess their staff's friendliness, and determine their competence.

Know Who Will Handle Your Case

Ensure you meet and discuss with the lawyer who will handle your case personally. This may differ from the individual you initially interacted with during the intake process. Inquire about their experience with bicycle accident cases, not just the firm's overall caseload. It is crucial to feel confident and comfortable with the lawyer representing you.

Clarify Communication Expectations

Discuss the frequency of accident case updates and how quickly the bicycle accident law firm responds to calls or emails. Inquire about the availability of your lawyer through text or phone calls. Obtain the contact details of their secretary or legal assistant to ensure accessibility even when your lawyer is occupied with court appearances.

Understand the Timeline of Your Case

Learn about the anticipated duration of your case and the potential steps involved. Discuss the likelihood of a settlement with the insurance company and whether your case may be quickly resolved or require a more comprehensive legal process.

What You Need to Know About Uninsured and Underinsured Motorists?

Before hiring a bicycle accident lawyer, you must understand your case. You need to have a basic knowledge of uninsured and underinsured motorists. California mandates that all drivers carry auto insurance. It is a legal requirement here. Unfortunately, not everyone follows this law. Some people decide not to get insurance to save money, while others let their insurance expire. These drivers violate the law and are called "uninsured motorists" (UM).

To protect drivers from uninsured motorists, insurance companies offer UM policies. You will be relieved that these policies provide compensation if you are involved in a bicycle accident case with an uninsured driver. Such policies are also helpful in hit-and-run situations with unknown responsible parties. The escaping motor vehicle drivers are also considered uninsured motorists in a hit-and-run situation.

On the other hand, there are "underinsured motorists" (UIM). These drivers have auto insurance, but their coverage limits are insufficient to fully compensate for all your damages. 

Let us give you an example to make it easy for you. Suppose your medical care expenses amount to $25,000, but the negligent motor vehicle driver may only have the minimum required injury liability coverage of $15,000 in California.

The situation becomes tricky. These drivers do meet the legal insurance requirements, but their policies are inadequate to cover your costs. You can utilize your insurance's UIM policy to cover the remaining expenses in such cases.

Financial Recovery For You if Injured by Uninsured or Underinsured Motorists

While no specific insurance policy is dedicated to bicycles, having an auto insurance policy that includes uninsured/underinsured motorist compensation coverage can help you provide similar protection. In a bicycle accident case, this compensation can help pay for your life-threatening injuries even if you were not driving.

The good news is that you don't need your policy to be covered. You may still have the necessary financial coverage if you are covered under your spouse's, domestic partner's, parent's, or your adult child's policy.

Insurance Laws in California for Motorists

Like other states, California law requires minimum insurance coverage for all public road drivers. This requirement safeguards drivers and assists them in meeting their financial responsibilities at an accident scene. Individuals who fail to obtain auto insurance, referred to as uninsured motorists, violate the law and may face significant penalties and fines if caught.

The minimum of coverage for insurance claims a California driver must have:

• $15,000 for a person's personal injury claim or death in an accident.
• $30,000 for the bodily injury or death of two or more people in an accident.
• $5,000 for property damage in an accident.

Despite the legal requirement to have insurance while driving motor vehicles, many motorists in Orange County choose to drive without insurance or a valid driver's license. This poses a serious risk to everyone on the road, especially cyclists. California has put in efforts to encourage as many people as possible to obtain uninsured and underinsured (UM/UIM) policies to address this issue.

Under California law, insurance companies must offer UM/UIM policies to all policyholders in writing. To decline this coverage, clients must sign a document stating their refusal to include the policy in their insurance plan. While it is within their rights to reject the policy, it is not advisable.

UM/UIM provides essential protection by covering your damages in the event of an accident where the other driver either lacks insurance or carries insufficient coverage to compensate for your loss. By having this coverage, you can avoid being burdened with the financial consequences of an accident that was not your fault.

How a Bicycle Accident Lawyer Proves Negligence in a Hit-and-Run Bicycle Accident Case?

To establish negligence, your bicycle accident attorney must demonstrate that the defendant failed to meet the standard of care expected from a reasonable driver.

There are four essential elements of negligence in California that your lawyer must prove:

1.  Duty of care

The other driver was legally obliged to exercise a duty of care towards you. It is generally accepted that all drivers owe a duty of care to fellow motorists, and this duty also extends to bicyclists.

2.  Breach of Duty

Your bicycle accident attorney must present evidence that the driver breached their duty of care by failing to drive safely. For example, if the driver was speeding during the accident, it could be argued as a breach of their duty.

3.  Suffered Injuries

Merely being involved in a bicycle accident is not sufficient. You must provide proof that you suffered actual injuries. Providing medical records and photos of the injuries that show details of the extent of your injuries can be regarded as solid proof.

4.  Causation

Your lawyer must establish a direct causal link between the defendant's actions and your injuries. Demonstrating that your injuries directly resulted from the defendant's behavior is crucial.

If your bicycle accident lawyer successfully establishes these four elements of negligence, you will likely be eligible to receive compensation.

Are you Getting the Compensation You Deserve?

Having underinsured or uninsured motorist coverage can provide you and other injured cyclists with compensation for various types of losses, both financial and non-financial. These include:

• Complete Medical Bills: Rehabilitation, future medical expenses, and immediate necessary medication or medical equipment.
• Future Costs of Wages: Loss of wages or potential loss of future income if your injury affects your ability to work.
• Hidden Costs: Other hidden costs related to your serious bicycle accident injuries, pain, and suffering. 

It is essential to understand that the coverage amount for insured and underinsured motorist incidents is limited to the specific amount you purchased before the bicycle accident. While people may opt for uninsured and underinsured motorist coverage below $100,000, we strongly advise you to maximize this portion.

This recommendation is because severe injuries requiring hospitalization, surgery, and ongoing treatment can result in medical expenses and lost wages that quickly exceed the coverage limits of lower uninsured or underinsured motorists' insurance policies.

Speak to the Leading Bicycle Accident Lawyer in Orange County Today!

Insurance companies often attempt to reduce the compensation or challenge your bicycle accident claim. They may use tactics to deceive you into accepting fault for the bicycle accident. They are a pro at twisting words in their favor. Considering insurance companies' complex and aggressive nature, seeking guidance from a knowledgeable bicycle accident lawyer before making any decisions is crucial.

Our team at Bike Legal is well-prepared to handle strategies employed by insurance providers to delay your rightful financial compensation. We will work diligently to ensure you receive a fair resolution that aligns with what you deserve. Reach out for free consultation and call us now at 877-45-3534. Check out our track records to see for yourself!

FAQs: Bicyclists Hit by Uninsured Drivers

How Can a Bicycle Injury Lawyer Help Me?

An injury lawyer assists accident victims in obtaining compensation for various damages, including medical expenses, lost income, and emotional distress. He/her goal is to achieve the final recovery for your losses. Your lawyer will act on your behalf to pursue a fair settlement from the responsible party from the accident.

Can I Still File a Case if I Am the Party at Fault?

In some situations, the police report may assign fault to both parties involved in the accident. While the report is significant evidence, it does not necessarily prevent you from seeking compensation for damages. Your lawyer will carefully evaluate the evidence, including the police report, and provide an analysis of how it may impact your case.

Will the Motor Vehicle Driver’s Insurance Cover My Damages if He Hits Me?

If you are on your bicycle and hit by a motor vehicle, their insurance will typically cover your bodily injury up to the maximum limit specified in their policy. However, they may be personally responsible for the additional expenses if the injuries exceed this limit. Reach out to a bicycle accident lawyer to learn more.

Can a Cyclist in an Accident Be Sued?

Indeed, if a cyclist is responsible for causing an accident, they can face legal action from injured drivers or pedestrians. In such cases, it is crucial to have the assistance of a skilled lawyer expert in bicycle laws to represent you effectively. It's important to note that your automobile insurance typically does not offer coverage while riding a bicycle.