Does Car Insurance Cover Bicycle Accidents?Request Free Consultation
Accidents involving bicycles often result in significant injuries for a cyclist. Even if a bicyclist is wearing a helmet when a collision occurs, they are still vulnerable to injuries such as spinal cord trauma, broken or dislocated bones, head trauma, lacerations, and more. Here, we want to examine whether or not car insurance will cover bicycle accidents in Colorado.
If Another Driver Caused the Crash
It is not uncommon for bicycle accidents to be caused by the careless or negligent actions of other drivers on the roadway. In the event another driver does cause an accident involving a bicycle, then the at-fault driver’s insurance carrier should be responsible for paying medical bills and property damage to the injury victims. This includes the bicyclist who may have been injured.
Yes, auto insurance will be responsible for paying for the bicycle accident expenses if the driver is at fault. However, there will need to be an investigation into the incident in order to determine liability. Typically, law enforcement officials will come to the scene and fill out an accident report. Additionally, the insurance carrier for the at-fault driver will also conduct their own investigation to determine exactly what happened before they agree to pay a settlement to the injured bicyclist.
If an injured bicyclist is unsure of who struck them, maybe due to a hit and run incident, they may be able to seek compensation through their own auto insurance policy. However, this will depend on the type of insurance that a bicyclist has. Specifically, if a bicyclist has uninsured or underinsured motorist coverage on their auto insurance policy, then they may be able to receive coverage after a hit and run incident causes harm to them on their bicycle.
Additionally, if a bicyclist has personal injury protection insurance as part of their auto insurance policy, then they will likely be able to recover compensation for their medical bills regardless of who was at fault for the incident and whether or not the other driver was found.
It should be pointed out that an auto insurance policy will not cover all types of bicycle accident injuries. For example, if a bicyclist strikes a fixed object or falls down a steep hill and sustains injuries, the auto insurance policy is not going to cover the medical bills in these situations.
If You Caused the Bicycle Accident
Even if a bicyclist is partially responsible for causing an accident involving a motor vehicle, they may still be able to recover compensation for their losses. Colorado operates under a “modified comparative negligence” system. This means that individuals can still recover compensation even if they are up to 49% at fault for the incident. Any person 50% or more responsible for their own injuries will not be able to recover compensation.
As part of this system, individuals will receive reduced compensation depending on their percentage of fault. The apportionment of fault is typically done after an extensive investigation and decided by the insurance carriers or a personal injury jury if the case goes through the civil lawsuit process. We strongly encourage any bicyclist who has been injured in an accident involving a motor vehicle to reach out to a Denver bicycle accident attorney who can help them recover full compensation for their losses.