Uninsured Motorist and Bicycle Accidents: What You Need to Know

Imagine enjoying a leisurely bike ride, only to be struck by a negligent driver who doesn’t have insurance. Unfortunately, this scenario is a reality for many cyclists. In Illinois, approximately 11.8 percent of motorists are uninsured, leaving accident victims vulnerable and uncertain about how to cover their medical bills and other losses. If you’ve been injured in a bicycle accident involving an uninsured motorist, it’s essential to understand your rights and the steps you can take to protect your financial future.

Understanding Uninsured Motorist Coverage

Uninsured Motorist (UM) coverage is a component of your auto insurance policy that protects you if you’re injured by a driver who doesn’t have insurance or is a victim of a hit-and-run. While many people assume this coverage only applies when they’re in their car, it can also extend to cyclists and pedestrians. This means that if you’re hit by an uninsured driver while riding your bike, your own UM coverage may help with medical bills, lost wages, and other damages.

Key Takeaways:

UM coverage protects cyclists against financial risks from drivers lacking sufficient insurance.
It covers medical expenses, lost wages, and property damage.
Cyclists should understand the types of compensation available under UM coverage to ensure they are financially protected after an accident.

How UM Coverage Works for Cyclists

If you own a car and have UM coverage, it likely extends to you while you’re cycling. You don’t have to be in your car for the protection to apply. In California, UM and Underinsured Motorist (UIM) coverage are combined, and while getting the coverage is optional, it is highly recommended.

Here’s how it works:

The Accident: You’re riding your bicycle and are hit by a driver who is at fault but doesn’t have insurance or flees the scene.
Filing a Claim: You file a claim with your own insurance company under your UM coverage.
Coverage Activation: Your insurance company “steps into the shoes” of the uninsured driver and compensates you for your damages, up to the amount of your coverage.

For example, if you have $100,000 in UM coverage and sustain $75,000 in injuries, your insurance company should cover the full amount, less any applicable deductibles.

What UM Coverage Covers

UM coverage can compensate you for various financial and non-financial losses, including:

Medical Expenses: This includes hospital bills, doctor visits, physical therapy, and other related costs.
Lost Wages: If your injuries prevent you from working, UM coverage can reimburse you for lost income.
Pain and Suffering: You may be entitled to compensation for the physical pain and emotional distress caused by the accident.
Property Damage: UM coverage can help repair or replace your damaged bicycle and other personal property.

What if You Don’t Own a Car?

Even if you don’t own a car, you may still be able to obtain UM coverage. Some insurance companies offer non-owner operator policies that provide UM protection to individuals who don’t own a vehicle but frequently cycle. Another option is if you are named on a household family member’s auto policy with adequate UM/UIM coverage, that may be sufficient even if you don’t drive.

Steps to Take After a Bicycle Accident with an Uninsured Motorist

If you’re involved in a bicycle accident with an uninsured motorist, it’s crucial to take the following steps to protect your rights and ensure you receive the compensation you deserve:

Report the Accident: Call the police immediately and file a police report. This provides an official record of the incident.
Gather Information: Collect as much information as possible at the scene, including the driver’s name, contact information, and vehicle details (if available). Also, get contact information from any witnesses.
Seek Medical Attention: Even if you don’t think you’re seriously injured, seek medical attention immediately. Some injuries may not be immediately apparent.
Document the Scene: Take photos of the accident scene, your bicycle, any vehicles involved, and your injuries.
Notify Your Insurance Company: Contact your insurance provider as soon as possible to report the accident and file a UM claim.
Consult an Attorney: A bicycle accident lawyer can help you navigate the claims process, negotiate with the insurance company, and protect your legal rights.

The Importance of Legal Representation

Dealing with insurance companies can be challenging, especially when an uninsured motorist is involved. Insurance companies may try to minimize your claim or deny it altogether. A bicycle accident lawyer can act as your advocate, ensuring that your rights are protected and that you receive fair compensation for your injuries and losses.

A skilled attorney can:

Investigate the accident to gather evidence and determine liability.
Negotiate with the insurance company to maximize your compensation.
Represent you in arbitration or litigation if a fair settlement cannot be reached.
Communicate with third parties on your behalf, protecting you from inadvertently saying anything that could harm your claim.

Uninsured Motorist Coverage May Not Cover All Costs

The minimum UM coverage requirement may not be enough to pay for every accident-related expense, especially for cyclists. You could have several unpaid bills left after the insurance money runs out. Cyclists can benefit from increased coverage since they have a high risk of significant bodily harm. Another option is to start a lawsuit against the at-fault party directly, as the driver is still liable for damages.

Filing a UM Claim Won’t Increase Your Premiums

Filing a UM claim will not increase your premiums. UM coverage is there to protect you when you are injured by the fault of an uninsured driver.

Don’t Go It Alone

If you’ve been injured in a bicycle accident involving an uninsured motorist, don’t navigate the legal process alone. Contact a qualified bicycle accident attorney to discuss your options and protect your rights. With the right legal representation, you can focus on your recovery while ensuring that you receive the compensation you deserve.