Cycling helps the environment by reducing pollution and traffic congestion. It’s also good for your health. In Florida, many people are cycling for their daily exercise and commute. But riding a bike comes with its own set of risks. What happens if you’re hit by a car while biking? Does auto insurance cover bicycle accidents in Florida?
The answer is yes, car insurance should cover your damages. The insurance to be used will depend on who caused the accident. If you get into an accident, be sure to contact a bicycle accident attorney in Florida from Jared Spingarn, P.A. Law Offices, who can help you file an insurance claim or proceed with legal action if necessary. This article provides a closer look at how bicycle accidents are typically handled and what type of coverage you can get to protect yourself in an accident.
Will car insurance cover a bicycle accident?
In Florida, auto or car insurance covers both bicycle and pedestrian accidents. So, does auto insurance cover bicycle accidents in Florida? Yes, it does. If you have auto insurance and get into an accident, you are covered under the PIP coverage that is required by the state. Below are some pertinent details regarding this type of coverage.
Florida PIP Insurance Requirement
Florida requires all drivers with car insurance to have personal injury protection (PIP) coverage. The state also requires drivers with car insurance to get a property damage liability (PDL) policy to cover property damage. This is mandatory under the 2021 Florida Statutes.
Under this Florida law, PIP insurance is also called no-fault coverage. Florida is a no-fault state. The no-fault insurance system means that regardless of who is at fault in a bicycle accident, your personal injuries will be covered. Thus, auto insurance coverage includes coverage for medical expenses and lost wages of the injured party, regardless of who is considered the at-fault party. As long as you have a policy for your car, you should be automatically covered by PIP.
PIP Coverage for a Bicycle Accident in Florida
In Florida, a standard PIP coverage includes up to 80% of medical bills and 60% of lost wages due to the bicycle accident. The value of the coverage will depend on the coverage limits of the policy. If the damages exceed the amount of coverage, you will need to pay out-of-pocket expenses. You can also get additional coverage to increase the value of the PIP.
It must be noted that PIP is claim-based insurance. You must file a bicycle accident claim with your policy provider within 14 days after the accident happened. A Jared Spingarn attorney can assist you with the next steps.
How much coverage can I get from a personal injury protection policy?
PIP can cover at least $10,000 for medical bills, lost wages, and other injuries sustained in a bicycle accident. This is the minimum amount of coverage, so you can always get a higher policy for more security in case of a crash.
In case you don’t have your own car insurance or bicycle insurance, Florida Statutes states that you are allowed to use a family member’s PIP policy as long as you reside in the same household. However, you cannot use the PIP coverage of the driver that hit you because this type of protection only covers personal injuries.
Policies you could Receive coverage from after a Bicycle Accident
We have already answered the question if auto insurance covers bicycle accidents in Florida. Aside from a standard auto insurance policy, you can also receive coverage from several fault-based policies when you are involved in a bike accident. But if you just have a standard home or renter’s insurance, a bicycle accident will not be covered. The following are the different types of policies that you can receive coverage from.
Other Party’s Bodily Injury Liability (BIL) Insurance
If you are involved in a bike crash with a motor vehicle, you can file a claim with the driver’s bodily injury liability coverage as long as you can prove that the other party was at fault. If proven, the other party’s insurance company will be required to pay for your coverage. BIL coverage usually includes injuries, medical expenses, and other damages that are not covered by the standard PIP policy.
In Florida, a BIL policy is not a requirement. But for drivers with such a policy, you can file a fault-based claim for your injuries. You will need to prove that the other driver was at fault to successfully file a claim with the at-fault driver’s insurance. Additionally, you need to prove that you sustained serious bodily injuries in the accident.
Under Florida law for insurance policies, the definition of serious bodily injuries includes significant losses of bodily functions, permanent injuries, permanent disfigurement, and high-risk injuries that may lead to death. To go about this process, it is best to get a free legal consultation with Jared Spingarn, P.A. Accident Attorneys, a Florida law firm with a lot of experience handling bicycle accident cases.
In cases of death from a crash in Florida, the deceased’s personal representative can file a claim or a lawsuit for wrongful death caused by the crash. Although the personal representative is the only authorized person to file the lawsuit, the claim will be paid to all dependents and survivors of the deceased. The law offices of Jared Spingarn have experienced wrongful death attorneys who can help you with this process.
Does health insurance cover bicycle accidents? Yes, it does. Personal health insurance coverage can help you get the medical attention you need after an accident. The amount of your coverage will be able to pay for your medical expenses, whether or not the other party is at fault. In some cases, your health insurance policy can also cover lost compensation and rehabilitation services.
Uninsured Motorist Coverage (UM)
Uninsured motorist coverage will cover your damages and injuries even if the other party does not have a policy or if they hit and run. This is good coverage to have, especially in a state like Florida, where there are a lot of uninsured drivers on the road and accidents can happen at any time.
If you are involved in a hit-and-run accident, you can claim your UM coverage and also file a case against the at-fault driver in criminal court. Be sure to get the services of a personal injury lawyer from the Law Offices of Jared Spingarn, P.A., for a free consultation and free case review. You will also need a police report to document the accident, as well as witness statements and your own recorded statement of the incident.
Underinsured Motorist Coverage (UIM)
Underinsured motorist coverage is similar to UM coverage, but it applies when the other driver has a car insurance policy, but their coverage is not enough to cover all of your damages and injuries. Both UM and UIM are optional in Florida state law, but it is highly recommended that you get these policies for extra protection. If you don’t have your own coverage, you can use a family member’s policy.
I got hit by a car on my bike. Can I sue?
Yes, you can. If you are hit by a vehicle while riding your bike, you can sue the driver at fault for compensation equivalent to the damages you sustained. You will need to show a validated record of your injuries, including the damages to your bicycle and equipment.
To win your case, you need to prove that the driver was negligent, causing the accident to occur. Even if you filed for an insurance claim, you could still sue the at-fault driver. Get in touch with Jared Spingarn’s law firm to ensure that you acquire the legal services of an experienced personal injury attorney to help you begin the process.
How do I file a bike accident lawsuit?
In Florida, an accident attorney can help you with the process of filing a lawsuit. Your lawyer will get your recorded statement about the incident and file the lawsuit for you.
In some cases, a car vs. bicycle accident settlement can be reached. This happens when the driver’s insurance company agrees to pay you an amount that is fair for your damages and injuries. Your attorney can negotiate on your behalf to get the best settlement possible.
The process of filing an accident lawsuit can be complicated and time-consuming. Thus, it is important to have an experienced lawyer from Jared Spingarn’s firm by your side. Getting in touch with Jared will ensure that you have one of the best accident attorneys handling your case, with thousands of cases of experience under his belt.
What is a third-party claim?
A third-party claim is a claim you file against a party that is not involved in the accident but can be held liable for losses or injuries. A third-party claim is usually filed in civil court. You won’t be able to file a claim in traffic court as these courts usually deal with traffic violations or tickets.
An example of a third-party claim is if you get into an accident in Fort Lauderdale with a driver who is on the clock, you can file a claim against their employer. Your bicycle accident attorney from Jared Spingarn’s law firm will be able to help you seek compensation from a third party.
Does auto insurance cover bicycle accidents in Florida? If you have a car insurance policy, yes, it does. This is because car insurance is required to have PIP coverage that will help you with the costs of medical treatment up to the amount of the coverage. If you don’t have PIP, you can file a claim with the other driver’s BIL insurance, if they have one. You may also opt to file a lawsuit against the party at fault.
Whether you are in Fort Lauderdale, Tampa, Hallandale, Jacksonville, West Palm Beach, and other Florida locations, the Law Offices of Jared Spingarn, P.A. can help you recover compensation for your bicycle accident case. Get a free consultation with Jared’s law firm now.