Cyclist Hit By a Reckless Driver: How to File an Insurance Claim in Pennsylvania

As a cyclist, you face risks every time you hit the road. Even if you do everything you can to protect yourself, there are still numerous factors that are beyond your control.

These factors include the carelessness and recklessness of drivers who are supposed to share the road with cyclists—but who often fail to appreciate the risks they themselves present. Drivers hit cyclists far too often, and, in most cases, their first response is either, “I didn’t mean to,” or, “I didn’t know you were there.”

What Cyclists Need to Know About Filing an Insurance Claim After an Accident

Of course, neither of these is an excuse for causing serious, life-altering, or life-threatening injuries. Careless and reckless drivers deserve to be held accountable, and typically, this involves dealing with their insurance companies. If you need to file an insurance claim after being hit by a careless or reckless driver in Pennsylvania, here is an overview of what you need to know:

1. It Is Up to You to Protect Yourself

One of the first—and most important—things you need to know is that it is up to you to protect yourself. What we mean by this is that you cannot trust the insurance companies to treat you fairly. The insurance companies put their interests first, and no matter how serious your injuries are, they will do everything they can to avoid covering your accident-related costs.

What can you do to protect yourself when dealing with the insurance companies after a cycling accident? Ensuring that you are making informed decisions is key. If you know your legal rights—and if you know how much you are entitled to recover—you can avoid letting the insurance companies take advantage of you.

2. You Should File Your Insurance Claim Promptly

If you have an insurance claim after a cycling accident in Pennsylvania, you should file your insurance claim promptly. There are a couple of reasons why.

First, in order to assess your claim, the at-fault driver’s insurance company will need to investigate the accident. If you wait to file a claim, key evidence could disappear before this investigation takes place. Second, you need to do everything you can to avoid being blamed for your injuries. If you wait to file a claim, this will give the at-fault driver’s insurance company grounds to assert that your injuries might not be accident-related.

3. You Should Thoroughly Document the Costs of Your Cycling Accident

To ensure that you are seeking the full insurance coverage you deserve, you should thoroughly document the costs of your cycling accident. These will likely include (but may not be limited to):

• Medical bills
• Prescription and medical supply costs
• Other out-of-pocket costs
• Lost earnings
• The cost or repairing or replacing your bike

If you have an insurance claim after a cycling accident in Pennsylvania, these are all costs that you are entitled to recover. But you only get one chance to file an insurance claim. If you accept a settlement check without ensuring that you have a clear understanding of the total costs of the accident, you won’t be able to go back and ask for more.

4. You Should Be Prepared to Respond to Allegations of “Comparative Negligence”

A common insurance defense tactic in cycling accident cases is to blame cyclists for their own injuries. Under Pennsylvania’s comparative negligence law, if you are deemed primarily at fault in your cycling accident, you won’t be able to recover any compensation for your accident-related losses. If the at-fault driver’s insurance company accuses you of sharing responsibility for the crash, you should not accept this unless and until you have obtained an unbiased assessment from an experienced lawyer.

5. Cyclists in Pennsylvania Have Clear Rights on the Road

One reason why you shouldn’t simply accept an insurance company’s determination of comparative negligence is that cyclists in Pennsylvania have clear rights on the road. If you were following the law when you got hit, you deserve to be fairly compensated for your accident-related losses.

6. It Is Very Easy to Settle for Far Too Little

Along with the financial costs listed above, cycling accidents can leave riders facing substantial non-financial losses as well. As a result, it is very easy to settle for far too little. For example, if you have an insurance claim for a cycling accident in Pennsylvania, you may also be entitled to compensation for your:

• Permanent scarring or disfigurement
• Physical pain and suffering
• Psychological trauma
• Loss of consortium and companionship
• Loss of enjoyment of life (including being unable to ride your bike)

Serious traumatic injuries can impact your life in many ways, and they can impact your life for years (if not decades) to come. With this in mind, you owe it to yourself to make sure you are seeking the full financial compensation you deserve.

7. You Can (and Should) Hire a Lawyer to Help You

Given everything we’ve discussed thus far, it is strongly in your best interests to hire a lawyer to help you. Hiring a lawyer to handle your cycling accident insurance claim costs nothing out of pocket, and an experienced lawyer will be able to accurately calculate the coverage you are entitled to receive for your current and future losses. Your lawyer will also be able to deal with the at-fault driver’s insurance company on your behalf, and if you have any other claims for financial compensation, your lawyer will be able to handle these claims on your behalf as well.

Get Help with Your Cycling Accident Insurance Claim from a Lawyer at Drake, Hileman & Davis, PC

With offices in Allentown, Bethlehem, Doylestown, Easton and Stroudsburg, we represent injured cyclists in insurance claims throughout Pennsylvania. If you are recovering from serious injuries you sustained in a cycling accident, we encourage you to contact us promptly for more information. To discuss your insurance claim with a lawyer at Drake, Hileman & Davis, PC in confidence, call 888-777-7098 or request a free consultation online now.