Auto and motorcycle insurance, homeowners or renters insurance, special bicycle insurance, and even health insurance can cover bicycle accidents. Las Vegas sees its share of bike injuries, and cyclists can better protect themselves by understanding what insurance covers bicycle accidents. Of course, the answer is not always straightforward. It may depend on the types of insurance available in the situation, the policy limits, who is at fault in the accident, the types of damages, and the cooperation of the insurer, among other things.
Contacting a bicycle accident insurance attorney can help you get compensation after an accident. Call George Bochanis Injury Law Offices at (702) 388-2005 to discuss your case.
Types of Insurance Coverage for Bicycle Accident Injuries
Does home insurance cover bicycle accidents? It can, and is one of several types of insurance that might be able to help with injuries and damages.
Auto Insurance
Under Nevada’s fault system, the person responsible for an accident is liable for the damages that result from it. In car-bicyclist collisions, drivers are usually responsible. Their auto liability insurance should cover cyclists’ medical expenses, lost wages, pain and suffering, and property damage, such as bicycle repair or replacement.
Some cyclists own their own vehicle. In these cases, their own car insurance policy could offer additional assistance. One type that is especially helpful when at-fault drivers lack adequate insurance is uninsured/underinsured motorist (UM/UIM) coverage. UM/UIM can step in to help with cyclists’ damages since the responsible person’s insurance is not sufficient. Think of it as a safety net. Other types of coverage that might help are medical payments and personal injury protection.
That said, the answer to, “Does auto insurance cover bicycle accidents?” is situation-specific. Bicycle injury attorneys should be able to give nuanced answers that apply to you. They go through policies in thorough detail and read riders, exceptions, and everything necessary to determine if you are entitled to coverage.
Motorcycle Insurance
How safe are Las Vegas roadways for bikers? They are safer for motorcyclists than bicyclists, but dangers loom for both groups. It could be that you are the motorcyclist type of biker or that a motorcyclist is involved in your cycling accident. In these cases, motorcycle insurance, instead of, or in addition to, auto insurance, might be able to help.
Homeowners or Renters Insurance
The main thrusts of homeowners or renters insurance are personal property coverage and liability coverage within a residence or property. However, these policies can cover incidents outside the home in certain situations. If a bicyclist causes an accident that injures a pedestrian, or damages someone else’s property, the cyclist’s personal liability portion of homeowners or renters insurance might cover damages and legal fees, up to policy limits.
As for coverage to help the cyclist, it is limited under homeowners or renters insurance. Health insurance would typically cover personal injuries. The cyclist’s homeowners or renters insurance would likely need a rider or endorsement with the bike added to the policy for property damage coverage to assist with bike repair or replacement.
Bicycle Insurance
Cyclists in Las Vegas can opt for bicycle-specific insurance, specialized policies that may offer protection against theft, vandalism, accidental damage, and medical expenses stemming from accidents. Some bicycle accident insurance policies provide liability coverage if a cyclist is at fault in an accident causing injury or property damage to others.
The reality is, Las Vegas ranks among the most dangerous places to ride a bike in the United States. Factors working against bicyclists include subpar infrastructure, poorly maintained roads, intoxicated drivers, and the many tourists unfamiliar with the city. In Nevada, Clark County has the majority of bicycle fatalities. About 44% of the state’s bike fatalities occur on roadways, with 17% occurring at intersections. Getting bicycle insurance really is a good idea for protection and peace of mind if you ride a bike in the state.
Health Insurance
Health insurance typically covers medical expenses from a bicycle accident, including hospital visits, surgeries, medications, and rehabilitation. The coverage may not be 100%, with deductibles, copayments, and out-of-pocket expenses falling on you. There may be higher costs for out-of-network providers, too.
If a driver is responsible for the accident, his or her auto insurance (liability or UM/UIM) may kick in before your health insurance has to cover medical expenses. If your health insurance covers expenses, the company may later seek reimbursement (subrogation) if another insurance policy should have been responsible for these expenses.
Money you spent on deductibles, copayments, and out-of-pocket expenses can be part of the compensation you seek from the driver in a personal injury settlement or lawsuit. You may also be able to seek compensation for future medical expenses, lost wages, and pain and suffering. Keep records of your medical bills, receipts, and insurance statements.
How to File an Insurance Claim After a Bicycle Accident
Filing means you formally request compensation under your insurance policy. You submit documentation such as medical bills, bike repair costs, and the police report.
Follow your insurance company’s procedures for filing. You usually can submit the claim and documents through an online claims portal or mobile app. The insurer reviews the claim, determines coverage, investigates, and offers a settlement or denial. During the investigation, the adjuster may visit the accident scene, interview you and witnesses, and review the at-fault driver’s policy.
Taking a few steps before you file helps with the odds of a successful outcome.
Get Medical Attention Right Away
Immediate medical care can help quite a bit with insurance claims after bike accidents. This is the case even for injuries that seem nonexistent or minor. Some injuries do not show up right away, and medical attention helps establish the link between an accident and your injuries. The insurance company, or other side in a lawsuit, has less of a chance to argue successfully that other events caused your injuries or that you are exaggerating or falsifying them.
Also, if you do not seek treatment, the insurance company may be able to lower the value of your claim by saying you worsened your own condition. This can even mean a claim denial.
Document the Accident Scene, and Keep Records of Everything
If possible, take photos of the accident scene. Document your injuries and any damage to property. Get witnesses’ contact information, and note who was involved in the accident and what types of vehicles they used.
Afterward, keep and organize all medical records, receipts, insurance company correspondence, and relevant materials. These records support your claim.
File a Police Report
Police reports create official accident records. Insurance usually requires such records to process a claim.
For one thing, a police report documents relevant details such as date, time, location, and parties involved in a bicycle accident. The report can also assist with establishing fault and liability if a driver caused the accident. If a driver changes his or her story later, a police report may reveal this discrepancy.
If police officers do not visit the accident scene, go to the nearest station to file a report as soon as you can. Avoid speculating, and give only factual, accurate details. Ask to get a copy of the report for your records.
Notify Your Insurance Companies
Let the relevant insurance companies know about the accident, even if you do not believe you are liable. You also should notify insurance, even if you do not plan to file a claim at all. This gives you protection in case the other party decides to file a claim against you, or in case you do decide to file later. Policies typically require early notification, and without this, a claim can be denied.
This notification is not the same as actually filing a claim.
Consult with a Personal Injury Lawyer
A personal injury lawyer can help you decide whether to file a claim, assist with the process of filing, and protect your rights throughout each step. Initial consultations usually are free, and these lawyers typically get a percentage of your settlement or award as their payment.
Possible Insurance Outcomes in Las Vegas After a Bicycle Accident
After you file your claim, the insurance adjuster investigates. The most probable outcomes are an approved claim and settlement offer, a partial denial, and a full denial.
If the insurer partially or fully denies your claim, ask for a written explanation of the denial. Additional evidence such as a doctor’s statement may be enough to overturn the denial. Otherwise, you could appeal the decision or talk with a bicycle injury attorney about negotiating.
If the insurer approves your claim and extends a settlement offer, review the offer carefully. Some people accept unfair offers, not realizing just how skewed they are or thinking they cannot get better offers. Compare how the offer stacks up alongside your total damages, including medical expenses, lost wages, bike repairs, and pain and suffering.
You can talk with a bicycle injury attorney to evaluate whether the settlement is fair. Once you settle, you likely waive your right to pursue further compensation. If your medical needs become more serious in the future due to the accident, you may be out of luck. Your settlement offer truly needs to be fair enough to cover these future needs.
When to Contact a Bicycle Accident Lawyer for Help
There is never a bad time to contact a bicycle accident lawyer for help. While some people may feel comfortable in a few minor accidents to resolve matters directly with insurance companies, lawyers can assist in many situations.
- As soon as possible: Nevada’s statute of limitations for personal injury claims is generally two years from the date of the accident. You would ideally consult a lawyer as soon as possible after an accident so there is enough time to review the accident, negotiate with insurance, and file a lawsuit, if necessary. However, a few exceptions to the statute of limitations apply. Even if you think it has passed in your case, you could still talk with a lawyer about exceptions and options you have.
- Serious injuries: If your medical treatment was extensive, insurance may be reluctant to make a fair payout. Your lawyer can help ensure you receive appropriate compensation for medical expenses, lost wages, and pain and suffering.
- Insurance difficulties: It is not uncommon for insurers to delay payments or deny claims. A lawyer can help with these obstacles.
- Multiple parties or complex issues: Commercial vehicles, government entities, or the involvement of multiple parties in an accident can ratchet up a claim’s difficulty. For example, the statute of limitations may become much shorter with government entities, and clarifying liability may be tricker with multiple parties involved.
- Liability you may have: Other sides may say you are at fault, at least partially. A lawyer can build a strong case advocating for a fair outcome. You are not out of luck even if you do share some fault, though. Under modified comparative negligence in Nevada, you can recover damages as long as you are less than 51% at fault. Your compensation does go down by your percentage of fault.
You can sue if you are hit by a car while biking, and doing so may be necessary if insurance treats you unfairly. You may also have to sue if the at-fault parties have inadequate insurance to cover your needs. Your damages may be greater than the limits of their applicable policies, as well as yours.If you are thinking about suing, this is a good time to consult with a lawyer if you have not already. Contact us at George Bochanis Injury Law Offices to discuss your concerns.
