Post date :
Oct 30, 2024
Founder, Western Slope Law
Insurance coverage for bicycle accidents depends on the type of insurance and the circumstances surrounding the incident. In Colorado, if a cyclist is injured by a vehicle, the driver’s auto insurance typically covers the damages through their liability coverage. If a cyclist is injured by a negligent or reckless pedestrian, the at-fault individual’s homeowner’s insurance may apply. Additionally, the cyclist’s own auto insurance might provide coverage through personal injury protection (PIP) or uninsured motorist (UM) provisions, depending on the circumstances.
It is important for cyclists to know that health insurance can also play a role in covering medical expenses after an accident. Understanding how these different policies intersect is crucial for making a successful claim. Seeking advice from a legal professional with experience in Colorado's insurance laws can ensure you navigate the claims process correctly.
Does Auto Insurance Cover Bicycle Accidents?
In Colorado, auto insurance policies can often provide coverage for bicycle accidents, depending on the situation. If a driver hits a cyclist, the driver's liability coverage can help pay for the cyclist's medical expenses, lost wages, pain and suffering, and other damages. Under Colorado law, drivers must carry a minimum of $25,000 in bodily injury coverage per person, which can be used in such cases. Additionally, a cyclist’s own auto insurance may include coverage under uninsured/underinsured motorist (UM/UIM) provisions if the driver at fault is not adequately insured.
However, each situation is unique, and it is crucial to understand how the specifics of your insurance policy apply. Consulting with a local attorney familiar with Colorado’s insurance laws (CRS Title 10) can help clarify what coverage is available and how to proceed with a claim. Understanding these details can be vital, especially when dealing with complex scenarios such as hit-and-run accidents or disputes over fault.
Does Home Insurance Cover Bicycle Accidents?
Home insurance typically does not cover injuries sustained in a bicycle accident involving a vehicle. However, it may provide coverage in certain situations, such as if a cyclist causes property damage while riding or if a bike is stolen from the home. Personal liability protection within a home insurance policy could apply if a cyclist is sued for injuries they cause while riding, but it does not extend to injuries they sustain themselves. A pedestrian who negligently or recklessly causes a cyclist to crash may have liability coverage through a homeowner’s insurance policy.
Understanding the limits of home insurance coverage can help avoid surprises when dealing with a claim. Colorado residents should review their policies carefully and consider speaking with an insurance advisor to understand how their coverage applies in different scenarios. In some cases, adding an umbrella policy may offer broader liability protection.
File Your Claim As Soon as Possible
When dealing with insurance claims after a bicycle accident, timing is critical. In Colorado, the statute of limitations for personal injury claims involving a motor vehicle is three years (CRS 13-80-101). This means that if you are injured in a bicycle accident involving a car, you have up to three years to file a claim for compensation. Filing a suit within two years is often more advisable, depending on the circumstances of the crash. However, it’s crucial to act much sooner, as evidence like accident scene photos, witness statements, and medical records are best gathered immediately after the incident.
Insurance companies also have their own deadlines for reporting accidents, often requiring notification within a few days or weeks after the incident. Delaying notification can lead to complications, such as a reduced settlement offer or even a denial of coverage. Consulting with an attorney soon after the accident can ensure that all necessary paperwork is submitted on time and that you are not caught off guard by any deadlines.
Seeking Legal Help for a Bicycle Accident
The cost of hiring an attorney is a common concern for those involved in a bicycle accident, especially when insurance coverage is in dispute. Many personal injury attorneys work on a contingency fee basis, meaning that you only pay attorney fees if you recover compensation through a settlement or court judgment. Contingency fees typically range from 35% to 40% of the recovered amount, depending on whether the case settles out of court or goes to trial.
In cases where insurance disputes arise, such as disagreements over coverage or compensation amounts, an attorney can negotiate with the insurance company on your behalf. Some attorneys also offer a free initial consultation, where they can review your case, evaluate your insurance coverage, and help you understand your options without any upfront costs. It’s essential to ask about potential additional costs, such as court fees or charges for expert witnesses, to avoid unexpected expenses.
Learn More About Insurance & Bicycle Accidents
1. Will my auto insurance cover me if I am hit by a car while riding my bicycle?
Yes, if you have uninsured/underinsured motorist (UM/UIM) coverage as part of your auto insurance policy, it may help cover medical expenses, lost wages, and pain and suffering if you are hit by a car while riding your bicycle. This coverage is particularly useful if the driver at fault does not have adequate insurance. It’s important to review your policy details or consult with an attorney to understand how this coverage applies.
2. Does health insurance cover injuries from a bicycle accident?
Yes, health insurance can cover medical expenses from a bicycle accident, including emergency room visits, surgeries, and rehabilitation. However, it may not cover other costs such as lost wages or long-term care that could be addressed through a personal injury claim. Health insurance can also help pay for initial treatment while you pursue a claim against the at-fault driver’s insurance. Most health insurers will seek to be repaid out of any personal injury settlement, but the laws surrounding this are complex and a health insurer may not have the right to be repaid–another important reason for retaining an attorney.
3. What if the driver who hit me does not have insurance?
If the driver at fault for the bicycle accident is uninsured, you may still be able to recover compensation through your own auto insurance policy if it includes uninsured motorist (UM) coverage. This coverage can help pay for medical bills, lost wages, and other damages. In cases without UM coverage, consulting with an attorney can help you explore other options for compensation.
4. How long do I have to file a claim for damages after a bicycle accident?
In Colorado, the statute of limitations for filing a claim related to a bicycle accident with a motor vehicle is generally three years (CRS 13-80-101), but there are exceptions. It is advisable to start the process as soon as possible to ensure evidence is preserved and witnesses are available. Additionally, insurance companies may have shorter deadlines for filing claims, making it essential to act quickly.
5. Do I need a lawyer to handle my insurance claim after a bicycle accident?
While it is possible to file an insurance claim without a lawyer, having legal representation can significantly improve your chances of a successful outcome and greatly increase the amount of your settlement. An attorney can help you understand the complexities of insurance policies, handle negotiations with the insurance company, hire experts, quantify and prove-up your damages, and ensure that your rights are protected throughout the process. This can be especially valuable in cases involving serious injuries or disputed liability.