Bike Accident Insurance Settlements: What Can You Expect?

By Yosi Yahoudai
Founder and Managing Partner

Being hit by a car while you are riding a bicycle can result in life-altering injuries. Pursuing legal action against the driver typically begins by filing an insurance claim with the driver’s insurance provider. However, recovering compensation for a bicycle accident claim can be difficult. Many insurance companies can make the process of filing and settling an injury claim complicated and difficult. California bicycle accident attorneys help hold negligent drivers responsible for injuries, damages, and losses sustained because of bicycle accidents.

Bicycle Accidents Cause Severe Injuries and Deaths

According to the NHTSA, California had the second-highest number of bicycle deaths in 2017. The California OTS reports that bicycle fatalities increased within the state by 8.1 percent from 2015 to 2016. Common bicycle accident injuries include traumatic brain injuries, spinal and back injuries, neck injuries, broken and fractured bones, facial injuries, and internal organ damage.

It is important to take steps to build a strong case against the driver for fault and liability. Unless you prove that the driver caused the bicycle accident, you cannot recover any compensation for an insurance claim. The insurance company works to limit its liability for your injury claim. You need to work hard to strengthen your injury claim to recover a fair and just settlement for your bicycle accident claim.

Three Ways to Build a Strong Claim for a Fair Bike Accident Insurance Settlement

Three steps you can take after a bicycle accident can help you build a stronger claim to recover compensation for your injuries.

1. Document the Accident

Call the police immediately and request assistance. While waiting for the police to arrive, take pictures of the accident scene, including the position of your bicycle and the vehicle, skid marks, your injuries, damage to the vehicles, and the surrounding area. If you cannot move because of your injuries, a bystander may be willing to take pictures or make a video.

Ask bystanders for their names and contact information. Eyewitness testimony can be very convincing if you are required to file a personal injury lawsuit. Make mental notes about comments the driver makes regarding fault for the accident and tell the police officer what you heard.

2. Get Medical Treatment for Injuries

Do not refuse medical treatment at the accident scene. You need to see a doctor as soon as possible after a bicycle accident. After a crash, adrenaline can mask symptoms and pain. Shock may also prevent you from realizing the severity of your bicycle accident injuries.

Documenting your injuries is important for an insurance claim. Any delay in treatment may be used by the insurance provider to argue that you were not injured in the bicycle accident or your injuries are not as severe as you claim.

Also, follow through with the medical treatment plan prescribed by your doctor. Failing to complete treatment is another weapon the insurance company may use against you when negotiating an insurance settlement.

3. Document All Damages

Detailed documentation of damages and losses can increase the amount of your insurance settlement. Keep copies of all records and bills related to the bicycle accident, including medical bills, loss of income, and cost of personal care. You need proof of financial losses to receive reimbursement for those losses.

Keeping detailed notes about your pain and suffering can also increase an insurance settlement. Take pictures of your injuries during your recovery and keep notes about your daily pain levels and how your injuries have impacted your daily life.

Contact California Bike Accident Attorneys for More Information

In most cases, a bicyclist hit by a driver can expect an uphill battle fighting for fair bike accident insurance settlements. Insurance companies fight to protect themselves from large insurance settlements.

California bike accident attorneys assist bicyclists in fighting for fair insurance settlements. An attorney can be of great assistance to you after a bicycle crash. A bicycle accident lawyer handles all aspects of your insurance claim, including the accident investigation, filing an insurance claim, gathering evidence to prove fault, and negotiating a fair insurance settlement. Don’t underestimate the value of California bike accident attorneys. Contact us today for a free consultation. 

About the Author

Yosi Yahoudai is a founder and the managing partner of J&Y. His practice is comprised primarily of cases involving automobile and motorcycle accidents, but he also represents people in premises liability lawsuits, including suits alleging dangerous conditions of public property, third-party criminal conduct, and intentional torts. He also has expertise in cases involving product defects, dog bites, elder abuse, and sexual assault. He earned his Bachelor of Arts from the University of California and is admitted to practice in all California State Courts, and the United States District Court for the Southern District of California. If you have any questions about this article, you can contact Yosi by clicking here.