Injuries to someone on a bicycle during an accident involving a car are typically covered by uninsured motorist coverage or, in no-fault states, personal injury protection. Furthermore, cyclists may be protected by a personal health insurance plan or carry liability and bicycle insurance under a homeowner's or renter's insurance policy.
While these will surely be some of your immediate concerns, calling the police to report the accident and getting emergency medical care is the most important.
If a driver collides with a cyclist, they are required to stop and report the accident to police, in accordance with New Jersey law. Driving away from an accident where someone has been injured is considered a hit-and-run and is against the law.
Dealing with insurance following an accident like this can be challenging. Calling the New Jersey bicycle accident lawyers of Brandon J. Broderick can save you a lot of time and put you in a position to get the maximum compensation.
Call us for a free consultation with our team.
Will Insurance Cover Me In a Bicycle Accident?
Health insurance and auto insurance policies—whether they belong to the victim, the at-fault party, or a family member who lives with the victim—are the two main types of insurance coverage for someone injured in a bicycle accident. Although each individual policy might be subject to restrictions and exclusions as specified in the contract, insurance policies will generally cover medical bills and lost wages incurred as a result of a bicycle accident. If it is determined that both a health insurance policy and an auto insurance policy are appropriate, the primary will pay first and the second will pay for any additional expenses that exceed the primary payer's coverage.
Bicycle collisions have been covered by personal injury protection (PIP) coverage under a vehicle insurance policy in New Jersey in the past. PIP benefits, which must be included in all New Jersey auto insurance plans and can cover the insured in any motor accident, have been payable even when the insured is not in their vehicle and is a pedestrian or using another mode of transportation, as determined in New Jersey courts. Since a bike is powered by muscle, they are included in the definition of "pedestrians" in NJ Rev Stat 39:6A-2. Due to this definition, it has been upheld in a number of personal injury cases.
Personal injury protection (PIP), also referred to as "no-fault" insurance, covers medical, rehabilitation, and living costs after an accident, regardless of who was at fault. In New Jersey, you have two PIP options: Sue another driver or use health insurance as your primary medical coverage.
For drivers in New Jersey, personal injury protection (PIP) insurance is required since NJ is a no-fault state. Whether or not you are aware of it, PIP is a part of your auto insurance policy. In New Jersey, the bare minimum PIP coverage is $15,000 per person per accident, which is the amount of coverage typically selected by many drivers. However, in an injury case, $15,000 is very small.
Costs That May Arise After a Bicycle Accident
Medical claims for both initial and ongoing care may be brought forth if the cyclist is hurt. Acute trauma with little lasting harm or life-threatening injuries both require long-term treatment. When a bicycle accident occurs, common injuries range in severity and frequently involve trauma to the head, face, bones, chest, belly, and skin.
The following expenses may be covered by common medical claims:
- First treatment
- Doctor's visit follow-ups
- Emergency room visit
- Prescribed medication
- Medical equipment
- Lost wages, due to physical impairment
- Future lost wages
The circumstances of the accident will differ depending on the specifics of each case. A damaged bicycle may also be subject to property damage claims, especially if the bicycle is expensive.
Call A NJ Bicycle Accident Lawyer To Discuss Your Case
You shouldn't have to worry about paying out of pocket if you are injured in a bicycle accident, especially when it involves a motor vehicle. Working with a lawyer who is familiar with bicycle regulations and rules can be beneficial. Brandon J. Broderick and our team have extensive knowledge of New Jersey injury law and can help guide you through trying situations like these.
We work on a contingency fee basis, which means you don't owe us anything unless we win your case.