What to Do If You Are Hit by a Car While Bicycling?

Bicyclers may think they are ok after being hit by a car, a recent article on active.com talks about a case involving a Seattle attorney, John Duggan, who was hit on his bicycle. He thought he was unharmed, and didn’t know who was at fault for the accident, so he and the driver parted ways. A half-mile down the road, Duggan started experiencing serious pain and had to go to the emergency room with wrist and shoulder injuries.

Steps You Should Take If Hit on Your Bicycle

• Contact the police: Doing so as soon as possible after an accident provides reliable documentation of the accident and its cause, which will be helpful for insurance claims or if a personal injury lawsuit needs to be filed. Insurance claims often do not reach fair settlements for accident victims, which is when a personal injury lawyer can be beneficial.

• Talk to witnesses: Any witnesses that saw the accident should be asked if they don’t mind including their recollection of the accident to the police. Witness reports can strengthen your case. Be sure to take down the witness names and contact information yourself; the police often fail to include this information in their reports.

• Get the driver’s insurance/contact information: In the story mentioned above, Duggan didn’t ask for the driver’s information because he thought he wasn’t injured and wasn’t sure if the accident was his fault. Even if you do not know, exchange contact information in preparation for experiencing future health or insurance issues.

• Get medical help: Make sure you get medical attention as soon as possible following an accident. Even if you seem alright, you may experience delayed symptoms.

Will My Car Insurance Cover a Bicycle Accident?

Many times, your car insurance will cover damages caused by being hit by a bicycle. It depends on your insurance policy, but if it includes Personal Injury Protection Coverage(PIP), you may be covered. PIP covers damages regardless of who’s at fault, and can include coverage for lost wages in the case of an injury. Another form of coverage that can help is Uninsured/Underinsured motorist coverage. With this coverage, your insurance company steps in to cover damages the other driver is liable for but does not have insurance to cover. Every insurance policy is different, and you can find out by calling our office for a free review. It can be beneficial to consult a personal injury attorney with years of experience reviewing insurance policies and determining who is at fault in accidents. Lufkin personal injury attorney Mike Love offers free policy reviews and is dedicated to challenging insurance companies so they don’t provide just the minimum coverage to accident victims.

Do I Have to Pay for an Accident That Wasn't My Fault?

You would assume that after an accident that was the fault of another driver, all your damages would be covered, either by their insurance company or your own. Most of the time, this is the case. However, some drivers may still find themselves having to pay for vehicle or bodily damage out of their own pocketbooks, even if the accident was not their fault. How can this be? Keep reading to find out.

Uninsured/Underinsured Motorist Coverage

In Texas, drivers are not required by law to carry Uninsured/Underinsured Motorist Coverage. UM insurance ensures your insurance company will cover damages in the event a driver hits you without insurance. A 2012 study done by the Insurance Research Council concluded that 12.6 percent of drivers on the road in the US are uninsured. UIM insurance covers drivers who are hit by a driver whose insurance plan doesn’t offer enough money for the damage they caused in an accident.

How Does UM/UIM Coverage Work?

With UM/UIM insurance coverage, your insurance company is responsible for paying the damages you incurred from the uninsured/underinsured driver. In the case of a UM/UIM accident, your insurance company steps in as the party responsible for the damages to your vehicle and medical expenses. Texas is an “at fault” state, which means the driver who is more at fault will have to pay the damages. Your insurance provider becomes the “at-fault” party when an uninsured or underinsured driver hits you. Your insurance company will likely try to offer the least amount of coverage possible, and often will try to refute that the accident was the other driver’s fault or try to deny you the full amount of coverage owed by your contract. These situations call for a car accident attorney.

Were You Offered UM/UIM Coverage?

Texas law requires insurance companies to provide you with the option to get UM/UIM coverage. However, insurance companies have been known to break the law to offer insurance rates and lower payments for competitive reasons. You may be able to make a legal case against the insurance company if they did not provide it to you. You should not have to pay for damages to your vehicle or your body in an auto accident that is not your fault. If your insurance company is trying to work against you or saying your plan doesn’t include UM/UIM coverage, contacting an experienced Lufkin car accident lawyer can help get your insurance company into gear.

What Is an At-Fault State, and is Texas One?

What is an at-fault state? Texas is an at-fault state, which means the driver responsible for the accident must compensate the other party for their injuries and for damage to their vehicle. Proving which driver is at fault can turn into a lengthy court battle.

How Can I Help My Accident Case?

• Get their information: This applies to any auto accident. Write down their license plate and any other info quickly, especially if they are denying their fault or acting standoffish.

• Look for witnesses: A witness who can support your claim will strengthen your case, especially if it goes in a police report.

• Compile a police report: Having the police make a report of your accident case can help legitimize your claims in court. Did you notice the driver was on their phone? Did they seem like they might be intoxicated? These are essential details to include when speaking to the police.

• Make a report for your insurance company: Take pictures of the damage incurred and note any possible injuries you have. A car accident attorney can help you get the coverage you deserve.

What If the Other Driver Doesn’t Have Insurance?

Another reason the at-fault system can be tricky is when the other driver is uninsured or has less insurance coverage than the damage caused.  In this circumstance, it is important for you to have uninsured/underinsured motorist coverage on your auto insurance plan. In Texas, uninsured/underinsured motorist coverage is not required.

Can My Insurance Rate Go Up If the Accident Wasn’t My Fault?

In some cases, your insurance rate can go up after an accident, even if it wasn’t your fault. It will depend on state laws and car insurance policies in your region. The at-fault insurance system can create a strenuous process for determining who must provide coverage to the other. If an uninsured or underinsured driver hit you, you will likely have to get your own insurance company to compensate for your damages, which can be tricky. Lufkin car accident attorneys at Mike Love & Associates, LLC can fight for the compensation you deserve after a wreck. Contact us today.

The Top 5 Most Costly Auto Insurance Policy Mistakes

It is easy to make mistakes while setting up your auto insurance policy. Insurance agents may try to steer you away from plans that provide the best coverage to lower your premium and win your business from competitors. Contracts also contain language and terms that you may find confusing. As a result, you may be unaware of exactly how you will be covered in the event you need to use your insurance after an accident. The following five examples are mistakes people make on their policies.

1. Not including PIP: Although personal injury protection (PIP) is mandatory in Texas, you can sign a waiver to opt out. An insurance agent may entice you with lower monthly payments at the expense of signing away PIP coverage. PIP covers lost income, funeral, and medical expenses after an accident.
2. Neglecting UM/UIM coverage: You should always make sure you have UM/UIM coverage. It covers physical or property damage in the event you are hit by an uninsured or underinsured motorist. This coverage can pay for medical bills, lost wages, and disfigurement, partial or permanent disability. If you lack UM/UIM coverage, you can only receive the maximum amount covered by the at-fault driver’s policy (if they have one).
3. Not knowing who is covered: Make sure you know who is covered on your policy beforehand. If you allow other family members to use your vehicle, make sure they are listed as permissive drivers on your policy. This way if they get into an auto accident, they are covered.
4. Buying the minimum required amount: Your auto insurance policy is the one thing you do not want to be frugal with, as it can come back to haunt you later. Texas law requires a $30,000 minimum liability limit. As personal injury attorneys, we can tell you from experience that this is nowhere near enough to pay for the medical bills and lost income associated with a catastrophic injury.
5. Not researching your policy: Although you can research your policy beforehand, it may help to have an expert walk you through the details. Insurance contracts use confusing language on purpose. Know what you are getting into before signing a contract for your policy.

Mike Love & Associates, LLC Can Review Your Auto Insurance Policy

Insurance agents do not have your best interests in mind. They are in the business of making their company money, not ensuring you have what you need after an accident. Mike Love & Associates, LLC will review your policy at no cost. We can help you figure out if you have adequate coverage. It is better to know how you are covered before you need to use insurance.