After a bicycle accident in New Jersey, you will generally file a claim through your own personal injury protection (PIP) insurance. You may be able to seek additional damages from the at-fault party.
Riding a bicycle is an excellent way to save on gas, reduce carbon emissions, enjoy some fresh air, and stay active. But when bicycle accidents happen, you could be left with devastating, life-altering injuries.
If you were injured in a bicycle accident, you likely have the right to file an insurance claim. Below, learn how to claim insurance after a bike accident, potential complications you might encounter, and when to contact an attorney for assistance.
Steps To Take Immediately After a Bicycle Accident
The steps you take after your accident can significantly aid your eventual insurance claim. Generally, you should follow these steps, as long as your injuries allow you to:
- Document the incident: Take videos and photos of the entire accident scene, including the damage to your bike, the damage to the vehicle (if any), and your injuries.
- Seek medical attention: Seeking medical treatment should be your top priority after your accident. This will also give you documentation that clearly ties your injuries to the accident. If you suspect serious injury, or in cases of a collision with a vehicle, you should contact emergency medical services as soon as possible.
- File a police report: Once you contact emergency services, an officer should come to the scene to create a police report. They will review the details of the crash and document them in an official report.
- Gather information from witnesses and the other party: While waiting for emergency services to arrive, try to collect contact information for any involved parties and witnesses before leaving the scene. You should also have the other party’s name, phone number, and insurance information.
Take caution when speaking with insurance adjusters, and avoid saying anything that could be interpreted as admitting fault.
What Are Your Legal Rights As a Cyclist?
Bicycle laws vary by state. In New Jersey, bicyclists must follow certain rules of the road, including:
- Ride in the same direction as traffic.
- Stay as near to the right-hand side of the road as practical.
- Obey all state and local automobile driving laws.
- Have their bikes equipped with a bell, brakes, and lights for nighttime riding.
These laws are generally similar in other states as well. In all 50 states, bicyclists must follow the same laws as other drivers. In 33 states, New Jersey included, drivers are required to leave one yard of space between their vehicles and a bicyclist when passing. Nevada also requires drivers to change lanes if there is more than one lane when passing a person on a bike.
New Jersey follows a modified comparative negligence policy, which allows all parties involved in an accident to share partial liability. Your percentage of fault would reduce your compensation by that amount.
While the driver is often liable for bicycle accidents when a motor vehicle is involved, other parties may also be partially at fault, such as:
- The city of Englewood, for failing to fix road defects
- The company that built or worked on your bicycle, for leaving defects that led to a malfunction
Before you file a bike insurance claim, you should understand the potentially liable parties in your accident.
Types of Insurance That May Provide Coverage for Your Bicycle Accident
Knowing how to claim insurance after a bike accident starts with understanding the state’s guidelines surrounding insurance for bicyclists.
New Jersey is a no-fault insurance state, which means parties involved in an accident typically file a claim through their own insurer, regardless of who was at fault. As a bicyclist, you would generally put your medical expenses on your own personal injury protection (PIP) coverage or that of a relative.
However, some exceptions apply to this rule. Depending on the circumstances, any of the following types of coverage may help pay for your bike accident:
- Personal injury protection (PIP) coverage: PIP insurance provides at least $15,000 per person, per accident, to pay for medical expenses and related costs. Some New Jersey drivers buy up to $250,000 worth of PIP.
- Auto insurance: If your medical bills exceed your PIP coverage, they may meet the serious injury threshold in New Jersey, which may allow you to pursue a claim with the at-fault driver’s auto insurance.
- Homeowners or rental insurance: Your homeowners or rental insurance might pay for the repairs to your bike if it falls under “personal property” in your policy.
- Uninsured/underinsured motorist coverage: If the driver who hit you was uninsured or lacked adequate insurance coverage, and your PIP insurance does not cover all medical expenses, you may be able to place additional costs on your uninsured/underinsured coverage.
- Bicycle-specific insurance: If you have specific bicycle or E-bike insurance coverage, this may also apply to your accident.
- Health insurance: If other forms of insurance do not provide enough accident coverage for your medical bills, placing them on your health insurance is a last resort.
Step-by-Step Process for Filing an Insurance Claim
Many forms of insurance coverage might apply to your claim. Here is the step-by-step process for how to claim insurance after a bike accident:
- Contact the right insurance company: Start by reporting the bike accident to your insurer. They can advise you on what coverage applies to the accident and whether you also need to file with another insurance company.
- Provide the basic details of the accident: Explain what happened in the accident without providing unnecessary details. Saying the wrong thing could compromise your claim.
- Send over documentation: The insurer will ask you to send relevant documentation, such as photos and videos of the accident, the police report, medical bills and records, and bike repair estimates or receipts. Provide all documentation promptly.
- Understand the deadlines that apply to your claim: Your insurance provider may have their own deadlines for how quickly you need to file a claim or provide documentation. The sooner you file, the faster you can receive compensation.
- Follow up as necessary: Don’t be afraid to follow up with the insurer every few days for updates about the status of your claim.
What Compensation Is Available for Bicycle Accident Victims?
The main types of compensation you can seek through an insurance claim after a bike accident are economic damages, such as:
- Current and future medical expenses
- Lost wages
- Loss of future earning capacity
- Property damage
However, if you decide to pursue a lawsuit against the at-fault party and seek a claim settlement for the bike accident, you may also be able to claim non-economic damages, such as:
- Pain and suffering
- Emotional distress
- Mental anguish
- Loss of enjoyment of life
- Permanent disability or disfigurement
Overcoming Common Challenges in Bicycle Accident Claims
The bike accident insurance process may present a few challenges that you should be aware of:
- Insurance adjusters aren’t on your side. Always take caution when speaking with an adjuster.
- The other driver might not want to accept liability for the accident. Collecting extensive accident documentation can help you overcome this dispute.
- Your PIP insurance might not adequately cover your expenses. Filing a claim with the at-fault driver’s insurance or pursuing legal action can help you increase your compensation.
- Witnesses might misremember the accident or refuse to provide a statement. In this case, it may be better to rely on other types of evidence.
- Some injuries aren’t immediately noticeable. If injuries crop up weeks after the accident, seek medical attention and document them in detail.
When Should You Contact an Attorney?
Knowing how to claim insurance after a bike accident is one thing; successfully navigating a claim is a whole other story. You might want to hire legal representation if:
- Your accident produced serious injuries.
- The other party or insurance company isn’t cooperating.
- You need help seeking additional compensation.
An attorney can handle the claim and legal process for you to help maximize your compensation. Look for an attorney who has specific experience with bicycle accidents and operates on a contingency fee basis, meaning you won’t pay unless they win your case.
Special Circumstances That May Impact Your Bike Accident Claim
Some bicycle accidents include special circumstances that may complicate the claim process. If yours meets any of these criteria, consider seeking legal assistance:
- The accident was a hit-and-run.
- The at-fault driver was uninsured.
- The at-fault party is a government entity (such as for road defects).
- You had minimal or no vehicle contact, making the accident challenging to prove.
- You share partial fault with the other driver.
FAQs About Bicycle Insurance Claims
How long do I have to file a claim?
There is no statewide time limit for how long you have to file a claim, but the sooner, the better.
Should I accept the first settlement offer?
You generally shouldn’t accept the first settlement offer unless it fully covers your economic and non-economic damages.
Can I still recover damages if I wasn’t wearing a helmet?
You may still be able to recover damages if you weren’t wearing a helmet, but the court would likely assign you partial fault, meaning your damages would be reduced by that percentage.
What if the driver claims they didn’t see me?
It doesn’t matter if the driver didn’t see you; they had a responsibility to watch out for bicyclists.
How long does the insurance claim process take?
The insurance process generally takes up to 30 days. If more than 30 days have passed, contact an attorney for assistance.
Seek Legal Help From Our Bicycle Accident Attorneys
Now that you know how to claim insurance after a bike accident, our personal injury attorneys are here to provide legal guidance through the compensation process. Call Sadaka Law today at 800-810-3457 for a free consultation.
