How to Get Compensation when in a
Hit-and-Run Bicycle Accident?

Claim for Hit-and-Run Bicycle Accident
How to Get Compensation When in a Hit-and-Run Bicycle Accident?
September 30th, 2020

Injured in a bicycle accident where the at-fault driver left the scene before you could get their details? Are you confused about recovering your compensation with no information about the driver who caused the accident? You are not alone. Hit-and-run accidents have spiked across the US in recent times. A study suggests that more than one hit-and-run accident occurs every minute in the US, and the country registers an average of 682,000 hit-and-run cases every year[1]. When you are a bicyclist, the impact of the accident on your life can be several-fold greater. With less protection, bicyclists are susceptible to suffering from severe injuries, and with no at-fault party present, recovering compensation for the damages can become difficult. Let’s dive deeper into the different aspects of a hit-and-run bicycle accident:

What Is Hit-and-Run?

Hit-and-run is a term used for an accident involving a vehicle hitting a person, object, or another vehicle. The motorist of the vehicle knowingly flees the scene without providing any relevant information. In the majority of the states, hit-and-run accidents are not confined only to roads and highways. Parked cars hit by vehicles and bicyclists injured by dooring also fall under the purview of hit-and-run.

How to Get Compensation when in a Hit-and-Run Bicycle Accident

What Causes Drivers to Flee the Scene?

Although surprising, drivers sometimes leave the accident scene and people they have hurt due to their negligent behavior. In most cases, drivers do this when:

  • The driver is driving under the influence of alcohol or other drugs and is afraid of being charged with a DUI.
  • The driver did not have any liability insurance to pay for the damages they caused
  • The vehicle was stolen or being driven without permission
  • The driver had already been booked multiple times for traffic and speeding and was afraid to receive another ticket
  • The driver was scared of his insurance rates increasing
  • The driver had an outstanding warrant for the arrest
  • The driver was an illegal immigrant
  • The driver was driving a vehicle owned by their employer and wanted to hide the incident from them.
  • The driver was driving without a valid license or had their license suspended.

Steps to Take If You Are in a Hit-and-Run Bicycle Accident

Here is what you need to do if you have been injured in a hit-and-run bicycle accident:

Immediately File a Police Report

Most cyclists believe that filing a police report does not make sense when the motorist has left. But, on the contrary, filing a police report is your best bet to recover the compensation for your damages. Here is how:

  • The police have the resources required to trace the driver’s location by interviewing the witnesses at the scene. This will enable you to bring personal injury and criminal investigation lawsuits against the motorist and help you recover compensation.
  • The report will serve as evidence that will establish that the accident occurred and the at-fault driver left the scene after causing the incident.
  • The police report will be required to file a claim with the driver’s insurance company if you locate them.
  • If you fail to locate the driver, you will require the police report to file a claim with your own vehicle or medical insurance company to recover the compensation for damages you incur

Notify Your Medical and Auto Insurance Companies

The next vital step to protecting your interests and rights in a hit-and-run bicycle accident is to inform your auto and medical insurance companies about the accident. You should do so immediately if possible. This is because some states require you to report the accident immediately to the insurance company to file a claim, while others give the victim a window of 24 hours. This is crucial as the compensation you receive from the insurance companies may become the only way for paying for the damages you incur, such as medical bills, lost wages, bicycle repairs, etc. Another important thing to note is that you should not worry about your insurance premiums rising if you are not at fault.

Visit a Hospital and Get Yourself Thoroughly Checked

Because bicyclists have less protection than their driving counterparts, they are susceptible to suffering from severe injuries. Some of these injuries may have delayed symptoms or could be masked by adrenaline. A thorough check-up will help you identify these injuries and take the necessary steps required to heal from them. Ensure you follow the doctor’s orders. Cycling without healing can jeopardize your insurance claim as well as leave you with aggravated injuries.

Collect Witnesses’ Contact Information

Although the driver would have fled, witnesses could help you identify and locate the culprit. Note down their contact information and their statements about the incident. Witnesses will help you prove the sequence of events as they occur and boost your chances of locating the negligent driver.

If you have been in a normal bicycle accident, you should follow the steps provided here to protect your rights and interests.

Ways to Recover Compensation for Your Damages

There are multiple ways you can recover the compensation for your damages:

From the Negligent Driver

If you or the police can locate the driver, you can demand the driver to pay for the damages you incurred. This can be done in two ways:

  1. By filing a claim with the driver’s insurance company
  2. Getting a civil lawsuit against the driver if he is uninsured

In both cases, you can recover punitive damages along with the money you require to pay your medical bills, lost wages, and vehicle replacement or repair. Punitive damages are awarded to victims if the negligent driver behaves recklessly and puts people at risk knowingly, which is the case in hit-and-run cases.

Restitution

Most states consider hit-and-run a criminal offense and bring criminal charges against the culprit. If a criminal case is brought against the driver, you can ask the judge to include the order of the driver paying you for your damages under their criminal sentence.

Your Insurance Company

Most auto insurance policies cover uninsured motorists under the amount paid for driver’s liability insurance. Therefore, you can recover your damages under the provision if you fail to find the driver responsible for the accident. For example, if you have purchased collision insurance, you can use it to get your bicycle repaired or replaced. On the other hand, if you have opted for the MedPay option under your insurance policy, you are sure to get compensated for your medical bills, irrespective of who was responsible for causing the accident.

The best way to ensure that you are moving in the best direction is to hire and consult a bicycle accident attorney. Bicycle accident lawyers better understand the law and have studied and handled numerous hit-and-run cases in their lifetime. Their experience will help you understand the options available and ways you can recover the maxim compensation possible.

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