What Happens If Another Cyclist Hits Me?
San Diego Bike Accident Attorney Explains Crashes Involving Multiple Bikes
Although many cycling accidents involve motor vehicles, bike injuries can also result from crashes with fellow cyclists or pedestrians. If another cyclist crashes into you, then you may be entitled to compensation for your injuries and property damage. However, the other cyclist’s auto insurance does not cover your cycling accident injuries unless a car, truck or other vehicle was involved. Instead, you may be able to collect compensation through the at-fault cyclist’s homeowner’s or renter’s insurance policy. Even though your injuries may seem minimal after this kind of crash, you should still take steps to gather evidence and other information to support an eventual bike accident claim.
San Diego bike accident attorney Frederick M. Dudek is a cyclist himself, so he knows first-hand the kinds of accidents and injuries that can affect bicyclists. This includes crashes involving other cyclists or pedestrians. If you were hurt in a bike crash caused by another cyclist, then he can help you get the compensation you deserve from the liable party and/or an insurance provider.
Can I File an Insurance Claim Against an At-Fault Cyclist?
After a cycling accident, you would typically file a claim with the at-fault driver’s car insurance company. If the liable party has no insurance, you then may collect compensation from your own car insurance, through your uninsured/underinsured motorist (UM/UIM) policy. However, if another cyclist causes your bike injuries, then you cannot file a car insurance claim.
Instead, you may be able to obtain compensation for your injuries and damages from the other cyclist’s homeowners or renters insurance. This kind of policy includes liability coverage for injuries and damages inflicted by the policy holder in certain circumstances. Generally, this extends to damages from a bike accident. If the cyclist has no applicable insurance, then you may be able to file a personal injury claim against him or her. However, your ability to file and the effectiveness of such a claim will depend on many additional factors.
Your own homeowner’s or renter’s policy may cover the damage to your bike if the at-fault cyclist has no insurance. However, collecting fair compensation from an insurance company, especially for damage to your bike, is often difficult. Insurance adjusters may try to minimize their liability by blaming you, or may offer a very low settlement for your expensive bike. Therefore, you should always consult a San Diego bicycle accident attorney as soon as possible after any kind of crash.
What Should I Do After a Crash with Another Cyclist?
A bicycle accident caused by another cyclist can happen anywhere, such as on a San Diego bike trail, during a group cycling event or at a stop sign or red light. However, even though it may seem like you can trust a fellow cyclist to take responsibility, you should still take steps to preserve evidence, including:
- If there are injuries, then call an ambulance. While catastrophic personal injuries and wrongful death are not as common in bicycle accidents involving only cyclists, they are still possible. This is especially true if one or both cyclists are not wearing a bicycle helmet. Additionally, accidents that happen during bike races or group cycling events may be more serious, as they often occur at higher speeds and involve multiple bikes.
- Talk to witnesses. A witness is often powerful proof of the true version of events. Get the names and contact numbers of any witnesses, including other cyclists, pedestrians and/or motorists.
- Get the at-fault cyclist’s information. Be sure to get the full name and phone number of the cyclist who caused the accident. If possible, get a driver’s license number and insurance company name. An insurance policy number is ideal, but most people do not carry insurance documents when riding.
- Take pictures. Carefully document the scene and the damage, including your own injuries. These photos can be valuable evidence in your eventual insurance claim or personal injury lawsuit.
- Do not repair your bike. Keep your bike and gear, including your bicycle helmet, as it is until you speak to an attorney. Your lawyer and/or the insurance company may want to inspect the damage.
- Call a bicycle accident lawyer BEFORE speaking to an insurance adjuster. A lawyer can protect your best interests in any kind of insurance claim or lawsuit.
Hit by a Fellow Cyclist? Contact a San Diego Bike Accident Attorney
If a fellow cyclist caused your bike injuries, then contact San Diego bike accident attorney Frederick M. Dudek to learn your legal options. You may be able to collect compensation through an insurance claim with the at-fault rider’s homeowners or renters insurance policy. Otherwise, your own provider or a personal injury lawsuit may be alternatives.
Attorney Dudek offers free initial consultations, so you can get the information you need at no cost and no obligation. Call or contact us online to discuss your cycling accident claim.