Are Bicycle Accidents Covered by Insurance?

-Posted On February 7, 2023 In Bicycle Accidents-

Bicycles are an incredibly popular form of transportation in California. As more people turn to bicycles for transportation and recreation, however, the risk of bicycle accidents also increases. These collisions can result in serious injuries, financial hardship, and emotional distress. In these situations, many victims wonder if they have the right to pursue compensation through a car insurance claim.

Under California’s insurance system, the answer is yes: victims of bicycle collisions have the right to pursue insurance claims. However, these claims can be highly complex, which is why it is important to consult with a San Francisco bicycle accident lawyer before initiating your case.

California Is a Fault Accident State

California follows a fault-based car insurance system. If a driver causes a road accident, he or she is financially responsible for any damages suffered by the victims. These individuals may include other motorists, their passengers, pedestrians, and cyclists.

To uphold this financial responsibility, all drivers are required to carry the following minimum amounts of liability insurance:

  • $15,000 for injury or death to one person
  • $30,000 for injury or death to multiple people
  • $5,000 for property damage

Legal Options for Injured Bicyclists in California

If you are injured in a bicycle accident, you have the right to pursue a claim against the at-fault motorist’s insurance policy. You can also pursue a claim under your own insurance coverage as long as you hold the right policy. However, you can only claim compensation up to the policy limits, which may not pay for all of your losses.

In these situations, you may want to escalate your insurance claim to a personal injury lawsuit. Through this claim, you can recover compensation beyond the policy limits, covering the full extent of your medical expenses, lost wages, pain and suffering, and more. Personal injury litigation can be complex, so it is important to work with an attorney so that you can effectively navigate the process. 

What to Do If You Are Injured in a Bicycle Collision

The aftermath of a bicycle accident can be scary and overwhelming. However, these moments are crucial for your future case. If you are involved in a bicycle collision, it is important to take the following steps to protect your health and your legal rights:

  • Seek medical attention immediately, even if you feel fine. Some injuries, such as brain damage and internal bleeding, may not be immediately apparent but still require emergency treatment.
  • Call the police and file a report with the responding law enforcement officers. The police report can serve as important evidence in determining fault and liability. 
  • Gather information from the driver and anyone else who was involved in the collision, including names, contact information, and insurance information. If any witnesses saw the accident, collect their contact information as well.
  • If you can move around the area without further injury or danger, collect as much evidence as you can. Take photos and videos of the accident scene, including damage to the bicycle and any injuries you sustained. 

Finally, you should contact a California bicycle accident attorney to discuss your case and plan your next steps. An attorney can guide you through the complex insurance process and fight for the settlement that you deserve. After seeking medical care, schedule a legal consultation to discuss your case and learn more about your legal options.

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