Does Car Insurance Cover Bicycle Accidents?
In California, when a motor vehicle and a bicycle collide, the driver’s car insurance policy will generally cover the cyclist’s injuries if the driver was at fault. Which insurance policy covers the bicyclist’s injuries and losses depends on the cause of the collision. Understanding how California’s car insurance system works in bicycle accident cases can help you pursue full and fair coverage.
California’s Fault Law and Bicycle Accident Claims
California is a fault state, not a no-fault state. This means that injured accident victims, including bicyclists struck by cars, have the right to seek damages or financial compensation from those at fault. This could be a motor vehicle driver, employer, business, bicycle part manufacturer or government agency.
When a motor vehicle driver causes a bicycle accident due to negligence, or the failure to act with proper care, this can be enough to make the driver financially responsible (liable) for the cyclist’s injuries. The bicyclist will have to prove negligence to be eligible for compensation, such as evidence of speeding, red-light running, distracted driving or other infractions.
Required Car Insurance in Los Angeles
The amount of financial compensation available to you as an injured bicyclist will depend in part on what insurance you can access. In California, all motor vehicle drivers are required to carry at least the following amounts of liability insurance:
- $30,000 for bodily injury or death to one person
- $60,000 for bodily injury or death to more than one person
- $15,000 for property damage
This insurance should be available to pay for your losses after a bike accident if a negligent driver is at fault. However, you may be eligible for significantly more than the limits on an insurance policy if you have severe injuries and your case goes to court.
Get Legal Help After a Bike Accident
Contact a Los Angeles Bicycle Accident Lawyer
What If the Driver Doesn’t Have Insurance?
If a motor vehicle driver in a bicycle accident does not have insurance or enough to completely cover your bills, you may need to count on your own auto insurance policy to provide supplemental coverage.
Uninsured motorist (UM), underinsured motorist (UIM) and Medical Payments (MedPay) coverage are three types of first-party insurance that can cover an injured bicyclist’s own losses. If you don’t have automobile insurance, another option could be to file a personal injury lawsuit in Los Angeles, CA.
You may be able to bring a lawsuit against the driver who caused your accident to sue for damages beyond insurance policy limits. You may also have a case against someone else, depending on who or what caused your accident.
California’s Comparative Negligence Law
If you’re found to be partially at fault for your bicycle accident in California, the state’s pure comparative negligence law still allows you to recover financial compensation. The value of your settlement or judgment award will be reduced by an amount equivalent to your percentage of fault. If an insurance company offers you a $100,000 settlement but you are 15 percent at fault, for example, your settlement would be diminished to $85,000.
Get Maximum Coverage for Your Los Angeles Bicycle Accident
Securing full financial compensation for a serious bicycle accident may take assistance from a personal injury lawyer. A Los Angeles attorney for bike accident lawsuits standing in your corner can protect you from insurance company tactics and maximize your payout. A lawyer can search for car insurance policies available to cover your bicycle accident, fight for a fair settlement or bring your case to trial, if necessary, to achieve justice.