When you sustain injuries and property damage due to a bicycle accident in Philadelphia, the available insurance coverage depends on many aspects. In most cases, the responsible driver’s motor vehicle and auto insurance policy will likely cover your medical bills and damages. Additionally, your auto insurance policy may cover your losses through compulsory uninsured/underinsured motorist coverage when your policy limits exceed those provided under the responsible driver’s policy limits. After a bicycle accident, an attorney must navigate the insurance claims in-depth and secure compensation for injuries and damages. Contact a Philadelphia bicycle accident lawyer for a more in-depth explanation of the insurance claim investigation and to recover adequate compensation for your injuries and damages.
Does Car Insurance Cover Bike Accidents in Philly?
A car insurance policy can cover accidents in Philadelphia. Normally, the liability coverage of the driver’s car insurance policy would pay the cyclist for the injuries sustained. Moreover, the cyclist’s auto insurance policy, which includes uninsured/underinsured motorist coverage, could also apply to make up for the at-fault driver’s absence of insurance or shortfall in coverage, should they possess it.
What is Respondent Superior Law?
The law makes it possible for those injured by the acts of an employee or agent to recoup from the employer or principal compensation since they are the party with the most substantial bankroll or insurance coverage to pay all awarded from judgments or settlements. This makes the employer liable for the cure of the cyclists. In terms of costs, destroyed livelihood, and agony, sufferers of Philadelphia traffic crash bike accidents are allowed to sue for reasonable compensation. Therefore, Philadelphia cyclists hurt during a bicycle accident must know tort law since it may provide them equitable justice difference and pay.
How Fault is Determined in a Bike Crash
The National Safety Council has found the number of preventable bike accidents leading to death has increased by almost 40 percent in the last ten years. Bike accidents and the law in Pennsylvania are best understood within the framework of tort law. In the state, individuals injured in a Philadelphia bike accident caused by someone’s negligence may pursue compensation for their damages through a tort claim. Pennsylvania law employs a comparative negligence system where the proportion of liability is calculated using each party’s percentage of fault. That means that a cyclist partially at fault for the accident is still eligible for damages; however, the damages are reduced by the percentage of the cyclist’s fault.
In a car accident, Pennsylvania law gives the option to choose between “limited tort” and “full tort” with their auto insurance policies, limiting a cyclist’s chance of suing for pain and suffering due to a bicycle-motor vehicle accident. This highlights the necessity for a thorough understanding of tort law and insurance options for cyclists involved in accidents who have the right to claim compensation for their injuries and losses. A bicycle accident lawyer can help you to discriminate your options.
Whose Insurance Will Cover My Bike Accident Injury?
In Philadelphia, several insurance policies may cover your bike accident injury, depending on the circumstances and how they interplay with Pennsylvania law:
At-fault driver’s auto insurance: If a motor vehicle driver caused the accident, the driver’s liability insurance under car insurance may cover your total compensation for injuries and damages.
Your auto insurance: If the at-fault driver does not have auto insurance or if the car insurance is not adequate to cover your compensation, your auto insurance policy, which must include uninsured/underinsured motorist coverage, may cover additional claims.
Your health insurance policy: Your health insurance policy can cover all costs of the medical treatment you underwent, including medical bills, surgeries, and rehabilitation.
Homeowner’s or renter’s insurance: Some homeowners’ or renter’s insurance policies may cover bicycle accidents. The exception is when an accident occurs on someone’s property or is due to a dog bite.
Third-party liability insurance: You may file a claim with the insurance company if the at-fault party is not the motor driver.
Who Pays in a Bike Accident With a Rideshare Driver?
Navigating bicycle accidents involving rideshare companies and determining responsibility for compensation may be complex. While rideshare companies have their drivers covered with insurance, it is sometimes unclear how compensation will be handled for a bicycle accident since the circumstances of a particular accident—whether the re-sharer accepted a client’s request or was on its way to pick the client up—may determine the ultimate compensation, if any. If so, legal proceedings may be required to settle the matter and ensure everyone is compensated as it is above board.
What to Do Following a Bike Crash in Philly
After a bike crash in Philadelphia, you need to follow these steps to protect your claim:
- Collect information: Obtain important facts about the accident, such as the driver’s name, contact information, insurance policy information, and statements from witnesses. Be sure to take photos and write notes at the accident scene.
- Get medical help: Get the necessary medical help even if the injury is minor, obtaining receipts and maintaining records for all treatment or therapeutics medical bills received or prescriptions taken based on the injury.
- Notify the insurance company: To initiate the claim process, notify the driver’s insurance company about the accident as soon as possible. Give them information about the incident and injuries.
- Submit documentation: File any supporting documentation for your claim, including the police report, medical reports, and other evidence or photos of the accident demonstrating your injury.
- Work with the Investigation: The insurance agent will investigate the liability and size of the damage. Please work with the agency. They will better understand your case.
- Come to a settlement: The insurance provider may offer you a settlement based on the investigation. A personal injury lawyer may help you determine whether or not it is enough.
- Get legal representation: A bicycle accident lawyer can help you not prematurely accept offers from insurance companies and negotiate for a fair offering. Follow these steps and seek professional legal help as required, and you can file a claim with the driver’s insurance company after a cycling accident.
Special Considerations When Dealing With Insurance Companies
For bicyclists, special considerations may include:
- Coverage: Bicyclists need to be aware of the kinds of coverage that may pertain to their accident, including liability coverage, uninsured/underinsured motorist coverage, and medical payments coverage.
- Fault: Insurance companies may try to assert partial or full blame on the bicyclist. Based on that, the bicyclist must heavily document the accident scene.
- Legal Process: Navigate complex legal processes that may require the expertise of a personal injury lawyer.
- Communication: Communicate clearly and assertively with the insurance adjuster while protecting their interests.
- Rights: Bicyclists should know their rights under their insurance policies and state laws, such as the statute of limitations and any special laws for vulnerable road users.
- Compensation: Bicyclists may be compensated for medical expenses, lost income, and other damages while ensuring they receive proper compensation from the insurance company.
- Advocacy: They advocate for improving safer roads.
What Compensation is Available Following a Bike Accident in Philadelphia?
Suppose you were injured in a bike accident that was someone else’s fault in Philadelphia. In that case, you may be entitled to different forms of financial compensation for your injuries, damages, and losses, including:
- Medical Expenses: Financial compensation for medical bills, surgeries, doctor appointments, medications, physical therapy, and rehabilitation, ignoring the expenses for treating the injuries suffered in the accident.
- Lost Wages: Total compensation for your income lost while out of work so that you recover from your injuries from the accident, including the salary you will be unable to earn if your injuries make you permanently disabled or unable to follow your chosen profession.
- Pain and Suffering: Total compensation for the physical pain and emotional distress caused by the accident and your injury. You may be eligible for substantial financial recovery for the inconvenience and embarrassment you encountered as a result of being injured and coping with the experience’s mental stress.
- Property Damage: Compensation is repairing your bike and other equipment you were carrying during the accident.
- Permanent Disability or Disfigurement: If you are permanently disabled because of the accident, you may be entitled to financial recovery. The same is true of any physical disfigurement that would probably impact your career or enjoyment of life as you did before the accident.
- Loss of Consortium: Because the other spouse was injured, the other spouse may have financial recovery.
- Wrongful Death: Financial recovery for you, a loved one, or a relative is entitled and suffered after a bike accident that resulted in the other person’s death. This includes funeral arrangements, hospital expenses, any future earnings you and those people would have provided you, and companionship and other household assistance.
Contact an experienced personal injury attorney who can assess the characteristics of your case and the full extent of your damages, advocating for justice and fair compensation for the life-changing loss.
Our Philadelphia Bike Accident Lawyers Are Here to Help
Munley Law is here for you when you’ve sustained injuries in a bicycle accident in Philadelphia. Our attorneys have experience with cases like yours and will help you through the legal process to receive the compensation you need to recover. For over 60 years, Munley Law Personal Injury Attorneys has been fighting for vulnerable victims and their families and has handled many bicycle accidents. Reach Munley Law to consult with an experienced bicycle accident attorney who will fight for your rights and advise you on every phase of your situation, and you will never pay a fee unless we win your case. Our initial consultation is free, so fill out our email form or call today.
Munley Law Personal Injury Attorneys
1617 John F Kennedy Blvd
Suite 1690,
Philadelphia, PA 19103
(215) 515-7747
