A bicycle accident insurance guide is an essential resource for avid cyclists in Chicago, IL. The city is slowly improving its infrastructure, encouraging more people to embrace biking as a way to move around the Windy City.
However, cycling accidents are still extremely common in this area, and many bike collisions result in serious injuries. In that case, you should work with our experienced Chicago bike accident law firm to navigate the insurance claims process.
Types of Insurance Coverage That May Apply After a Bicycle Accident
Insurance coverage for injuries or property damage from a bicycle accident could come from a number of policies. It all depends on the nature of the crash and what caused it. Let’s look at some insurance types that may apply to your claim after a Chicago bicycle accident.
The At-Fault Driver’s Auto Liability Insurance
If there are motor vehicles involved in your bike crash, the primary source of coverage will be the at-fault driver’s auto insurance. All drivers are required to carry auto insurance to pay for injury expenses or property damage costs that are their fault.
All auto insurance policies in the state include a minimum bodily injury liability policy and a minimum property damage liability policy. Therefore, if you incur costs like medical expenses or a damaged bicycle that needs replacing, those expenses should be covered by the driver’s liability coverage.
Your Own Auto Insurance Policy
Even though you were not driving a car when the accident occurred, you could have your expenses paid by your auto insurance policy. Uninsured motorist coverage could help with your payments if the driver who hit you does not have personal liability coverage.
Underinsured motorist coverage will pay for some damages if the driver has inadequate insurance coverage to cover those costs. If your policy includes medical payments coverage, or “Med Pay,” your injury expenses may be paid by the insurance carrier.
Additionally, if you have separate bicycle insurance coverage, which would be wise in a city like Chicago, this specialized coverage could help.
Your Health Insurance
Your health insurance could also help cover your medical bills after a bike accident. Health insurance is designed to reduce medical costs for both injuries and illnesses. If auto liability coverage is not sufficient to handle all your costs, your insurance may cover the excess payments.
However, suppose you pursue an insurance claim or lawsuit that results in a settlement or judgment. In that case, your insurance company will likely have the right of subrogation, which requires reimbursement from the settlement for medical expenses.
Homeowner’s or Renter’s Insurance
In rare cases, homeowners insurance or renter’s insurance policies may provide some coverage options. For example, if the accident occurred on the cyclist’s property due to their negligence, homeowners insurance may apply.
Similarly, if a homeowner causes a dooring accident outside their home, their liability coverage could be used to pay for the victim’s medical bills. The same may be true if the at-fault party is leasing the property and has renters insurance.
Steps to Take Regarding Insurance After a Bicycle Accident
Navigating an insurance claim can be tricky after any type of accident. Insurance companies prefer to avoid paying out benefits to policyholders, so you must have a strong case for a claim to succeed. In this section, we will discuss the necessary steps to file your bicycle accident claim, assuming you have already sought immediate medical attention.
Obtain the At-Fault Driver’s Insurance Information
If the collision was a motor vehicle accident, you must obtain insurance details from the at-fault driver. If multiple drivers are involved, do not leave the scene before collecting information from all parties. The details you should gather include the name of the insurance carrier, the person’s policy number, and their contact information.
This contact and insurance information will be important to provide to your insurer when filing a claim. Plus, you will also find out what level of personal injury protection or property damage coverage limits will affect your compensation.
Notify Your Own Auto Insurance Company
Whether the other driver is at fault for the collision or not, you should contact your auto liability insurance carrier and notify them of the accident. If the other party does not have adequate insurance coverage, your carrier will need to have been informed of the accident to help. This step will preserve potential uninsured or underinsured motorist claims.
Do NOT Sign Any Releases or Waivers Without Legal Advice
If you are ever asked to sign documents by another person involved in the accident, another insurance company, or someone else’s lawyer, never do so without speaking to your own legal counsel.
Signing a release or waiver could undermine your right to full compensation, so do not admit fault for the accident to anyone and do not sign any documents before speaking to your lawyer.
Keep Detailed Records of All Communications with Insurance Companies
In the following days and weeks, there will be many communiques between you and insurance companies. Some of these interactions will be with your insurer, but others could be with insurance companies representing various parties involved in the accident. Keep a log of all phone calls, emails, text messages, and letters from the different insurance carriers.
Keep this information in a folder so you can reference the correspondence if necessary. If you have trouble receiving your liability insurance benefits, this information could serve as valuable evidence in an official complaint or lawsuit.
The Insurance Claim Process for Bicycle Accidents
Filing a bicycle accident claim can be a complicated process. You will need to submit the claim, include supporting documents, follow up with the insurance adjuster, answer their questions, and await the final decision.
Before you file the claim with your insurance provider, it would be wise to consult a bicycle accident lawyer who can advise you on the best way to approach the claim. Here are the most important steps involved in your bike accident claim.
Filing a Claim
After the collision, you may need to file the claim with your insurance provider and other carriers, depending on who else was involved in the crash. Many insurers give you several options for filing claims, such as doing so over the phone, online, by mail, or in person.
You must provide supporting documents with your claim to serve as evidence of the collision and the damages you have suffered, such as medical bills, medical records, and proof of property damage. Once the claim is submitted, an insurance adjuster will be assigned to your case.
The Insurance Investigation
A thorough investigation of your claim will now begin. An adjuster will look at the claim you submitted and follow up with various entities to verify the information.
Whether you are seeking comprehensive coverage, a car insurance policy, or underinsured motorist coverage, the adjuster may look at police reports, witness statements, documentation of damages, and photos of the accident scene during the investigation process.
The purpose of the investigation is to determine if your damages align with the insurance policy and if the losses are covered based on the terms. For example, if you failed to signal your intention to turn to nearby vehicles, as is required by municipal code 9-52-045, the adjuster could reduce the settlement offer or reject your claim.
Demand Letter
A demand letter is a formal document that the injured cyclist or their lawyer sends to the relevant insurance carrier. The letter outlines the details of the accident, the damages suffered by the victim, and the desired compensation amount.
If you want the best chance of having your claim approved, the demand letter should be written or reviewed by an experienced attorney. This legal professional will know what language and evidence to include in the document to have the claim approved.
Negotiating a Settlement with the Insurance Company
One of the most challenging aspects of the insurance process is settlement negotiation. Insurance companies do not want to pay large payouts to policyholders or injured victims, so adjusters use shady tactics to make lowball offers that usually fail to cover all the victims’ expenses.
However, if you have hired a bicycle accident attorney in Chicago, this person will level the playing field against the insurance carrier. They will know how to stand up to the insurer and negotiate for fair compensation that covers all your medical expenses, bike repair bills, and other accident-related expenses, no matter what type of insurance policy is paying for them.
If you decide to pursue a civil claim against the at-fault party, negotiations may include additional damages, such as lost wages, emotional distress, pain and suffering, and future medical costs.
Common Insurance Company Tactics and How to Avoid Them
Despite your coverage limits and policy terms, insurance companies will still try various tactics to avoid paying the full settlement you deserve. Knowing about these tactics can help you in the negotiation process, especially if you proceed without a lawyer.
Adjusters are known for undervaluing claims by alluding to your role in the accident or undermining the damages that were actually caused by the crash.
For example, an insurance agent may claim you did not obey traffic laws properly, as all bikers are required to do per municipal code 9-52-010. Insurers may also delay your claim in the hopes you will say yes to the first offer they make. In some cases, your claim will be outright denied, even if you deserve compensation based on the terms of the policy.
The best way to combat these tactics is to work with a personal injury lawyer who can recognize these tactics and fight for fair coverage.
Why You Need a Chicago Bicycle Accident Lawyer to Handle Your Insurance Claim
Legal representation can make a massive difference in your health, motorist, or car insurance claim. With a lawyer on your side, you will be guided through the claims process with an understanding of your rights.
An attorney will investigate your claim, help you gather evidence, negotiate with the insurance company, and fight for maximum compensation. If you need to file a complaint against the car insurance carrier or sue them for denying you coverage, your lawyer can offer advice on the best path forward.
Secure Expert Legal Counsel!
When you need help navigating the confusing insurance landscape after a bicycle accident, our law firm is ready to support you. We have years of experience dealing with all types of insurance companies, including homeowners, renters, underinsured motorists, and car insurance firms.
Our experienced Illinois bike accident law firm will do what it takes to guide you through the claims process so you have a better chance of earning maximum compensation for your suffering. Our firm can also discuss your rights if you feel your claim has been unfairly delayed or denied.
If you have questions about filing your claim or which type of insurance applies to your bike accident case, contact our team today for a free consultation.
