Bicycle accident coverage may become a gray area of understanding for many people. We all know that we should file a car accident claim with our car insurance and damages from a house fire with our homeowners’ insurance, but many may be unsure where to file a bicycle claim. They are property in your home but are also used on the road with motor vehicles.
As with any legal matter, the answer is not black and white. Many factors can affect how you file your bike accident claim, including the state in which you live. The easy answer is that you may want to speak with an experienced Philadelphia bicycle accidents lawyer to determine your options.
Bicycle Guidelines
Each state has its own guidelines for how cyclists should conduct themselves on sidewalks, if permitted, and on the road. Some states have compulsory helmet laws, while some only require them for riders under the age of 18. Knowing the laws of your specific commonwealth or state is essential to understanding who is at fault and how to proceed in filing your claim.
Pennsylvania
The state of Pennsylvania provides guidelines on legal requirements when riding a bicycle or pedal cycle. While Pennsylvania law does not specifically require that cyclists carry insurance on their bikes, car insurance policies may provide coverage for a cycling accident as well. It may be helpful to familiarize yourself with the laws in case of an accident.
New Jersey
Like Pennsylvania, New Jersey provides an online guidebook that explains all cycling laws. The New Jersey Bicycling Manual walks you through how to find appropriately fitting equipment, traffic laws, and how to navigate some tricky situations. Like Pennsylvania, nothing is specified in this guide requiring bike insurance.
Determining Who Is Responsible After a Bicycle Accident
Cyclists are required to follow the same rules of the road as cars. In the event of an accident, laws hold cyclists to the same expectations and consequences as cars. This standard simplifies determining liability in many ways.
The big picture is that the person who was negligent in their duty to protect others on the road by following traffic laws will be found liable. This may be only one person, but sometimes there are multiple parties involved. In this instance, comparative negligence may come into play.
Determining Where to Make Your Claim
After an accident, you may be unsure of who to file the claim with. If you have immediate medical needs, you may be unnecessarily using your own health insurance to pay these bills. Perhaps you wonder if the other person’s insurance will cover the costs of the accident or if you are better off claiming under your own car insurance.
Like anything else in law, this is not necessarily a straightforward answer. If you have been injured on your bike by a car found at fault, you may file the claim under that person’s car insurance because they are found to be responsible for damages. This situation may be the case almost any time the other person is at fault and has adequate insurance coverage.
If you are at all unsure about where to make your claim, consulting with an experienced attorney may be your best option. Insurance companies will often do everything they can to protect their assets and may not provide you with information that is in your best interest. Our personal injury attorney can help you stay informed on all of your options so you can determine the best path for your case, so demand Rand.
Conditions of Homeowners’ Insurance Coverage
If you are found to be at fault as the cyclist, this is where homeowners’ insurance may assist. According to the progressive insurance website, in the event of an accident where the cyclist is at fault, homeowners’ insurance may pay for the property damage and injury to the other person. The homeowners’ insurance policy may cover damage to the bike, but the cyclist will likely need to file medical care claims under their own health insurance.
Most homeowners’ policies will have options to cover damage to your bike and injury and damage to the other party, whether it be a pedestrian, cyclist, or motorized vehicle. You may file claims under this policy if the cyclist is at fault or, sometimes, if the other party is under or uninsured. These policies do not typically cover the policyholder’s medical expenses relating to the accident.
If you are considering homeowners’ insurance as your source of coverage for a cycling accident, it is crucial to talk to your policyholder to be clear on what is and is not covered. Sometimes, homeowners’ insurance may only cover damages to your bike if you are listed as the primary rider. Some policies also require that bicycle insurance be designated explicitly on the overall policy.
Comparative Negligence
Many states and commonwealths in the United States have laws known as comparative negligence. These laws are in place in Pennsylvania and New Jersey. Comparative negligence essentially means that the law considers possible liability of all parties, and as long as your responsibility is not considered the majority, you are eligible to receive compensation.
If comparative negligence comes into play, you should know that your awarded compensation may be reduced by the amount of fault you assume. Suppose the judge awards you $50,000 but also finds you to be 10% responsible for your injuries. In this case, your award would be reduced by 10% or $5,000, meaning you would be awarded $45,000 instead of the entire $50,000.
Comparative negligence laws can work for you or against you. If you are concerned about how this might affect the outcome of your case or overall compensation amount, it may be worth it to contact Rand Spear, the Accident Attorney. We have decades of experience to offer and an impressive track record of successful compensation recovery.
Navigating Your Accident Claim
Recovering from an accident takes time, energy, and, oftentimes, money. The process can be overwhelming if you are going through it alone. Many people worry about finances when retaining an attorney to help them through the process, but at Rand Spear, we operate with a no-fee guarantee if we don’t win.
Staying up to date on the details of your insurance policies will be a big help in knowing who to make what claims with. If you are unsure of how to move forward, don’t hesitate to demand Rand and set up a free consultation. Our decades of experience can help get you on the right track, knowing where to file your claim and how to get the compensation you deserve.
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