Are Georgia Bicycle Accidents Covered by Insurance?

Bicycle accident collision in the highway.

Car insurance often covers bicycle accidents in Georgia. If a car hit you while you were biking, you may file a claim against the at-fault driver’s auto liability policy for your injuries. In some circumstances, you may also seek compensation through your insurance if you have uninsured/underinsured motorist (UM/UIM) protection or medical payments (medpay) coverage.

If you or someone you love suffered injuries in a bicycle crash and someone else was at fault, a bicycle accident lawyer at Bayuk Pratt can help you seek full and fair compensation. Motor vehicle drivers must respect cyclists’ right to ride on Georgia roads and remain alert for them. Our Atlanta bike accident attorneys can help you explore all your insurance coverage options.

What Steps Should You Take After a Bicycle Accident in Georgia?

Knowing what steps to take after a bike crash can help you protect your right to pursue a bicycle accident claim. If you suffered serious injuries in a collision, you should take the following actions:

  • Seek medical care – If you did not receive emergency treatment at the time of the accident, see a doctor for a medical assessment as soon as possible. You will need medical records to support your bicycle accident claim. A medical assessment can identify undiagnosed or worsening injuries and establish your medical treatment record. Keep follow-up appointments.
  • Document the scene – Unless your injuries prevent you from doing so, gather as much information as possible at the accident scene. Get contact information from the vehicle driver and any eyewitnesses. Get the driver’s insurance information, license plate number, and driver’s license number. Also,  take photographs of the crash site, your injuries, your bike, and the car.
  • Report the accident – You should call the police and report the bicycle accident just as you would do after a motor vehicle accident. Request an ambulance if you or anyone else suffered severe injuries and needs emergency treatment. The police report will provide information about how the accident occurred and list those parties involved. It will be helpful if you need to file a bicycle accident claim.
  • Consult with an attorney – A personal injury lawyer at Bayuk Pratt can review the details of your bicycle accident and help you evaluate your options for seeking compensation for your injuries. A knowledgeable bike accident lawyer can manage the details of your case and negotiate for maximum compensation.

Does Auto Insurance Cover Bicycle Accidents?

You may pursue a claim with the at-fault driver’s liability insurance if a car hits you. Georgia law requires the owners of motor vehicles to have liability insurance. You would pursue a bicycle accident claim against the at-fault driver.

According to the Georgia Office of the Commissioner of Insurance and Fire Safety, Georgia law requires drivers to have the following minimum amounts of insurance to pay for accidents they cause (although drivers can choose additional liability coverage):

  • Bodily injury liability – $25,000/$50,000 per person/accident
  • Property damage liability – $25,000 per accident

If the cost of your injuries exceeds the at-fault driver’s liability insurance, you may seek additional compensation by filing a claim through your underinsured motorist (UIM) coverage. A bicycle accident lawyer from Bayuk Pratt can help you seek all the compensation available.

What Happens If the Driver Who Hits You Flees the Scene?

If a driver hits you and flees the scene, you can seek compensation through your uninsured motorist (UM) policy. UM coverage is optional in Georgia.

UM typically pays for injuries caused by a hit-and-run driver or a driver operating a vehicle without any insurance. Meanwhile, UIM can provide additional compensation if the driver who hit you had insurance, but it was insufficient to pay for all your medical bills and related accident losses.

Another optional insurance you may use in the event of a hit-and-run or underinsured motorist accident is medpay, which is a form of no-fault personal injury protection (PIP) insurance. If you have this coverage, it pays for medical expenses, regardless of who is liable for the collision, up to the policy’s limits.

What Compensation Can You Seek in a Georgia Bike Accident Claim?

Bicycle accident injuries can be severe. Bicyclists lack the protection of an enclosed passenger compartment and are exposed to the full force of impact in a collision. Without seat belts to hold them in place, they often get thrown onto the road in a crash. If you have traumatic brain injuries, facial injuries, broken bones, or other serious injuries, your medical expenses may be significant.

When filing a bicycle accident lawsuit, injured bicycle riders can seek compensation for current and future medical care, including emergency services, hospitalization, doctor visits, surgeries, medical equipment, physical therapy, and rehabilitation.

You may also claim compensation for the lost income you incurred while you were injured and unable to work. This compensation may include the loss of your future earning capacity if a disabling injury prevents you from returning to your job after a bike wreck.

Finally, you can pursue pain and suffering damages for severe and chronic pain, scarring, disfigurement, mental anguish, emotional distress, and lost quality of life.

At Bayuk Pratt, our lawyers will fight to get your Georgia bicycle accident covered by insurance. However, if the insurance company declines to offer a fair settlement, our attorneys will be prepared to represent you in a bicycle accident lawsuit. Under Georgia’s statute of limitations, you must file your claim within a two-year period after the crash.

What If I Am Partly At-Fault for the Accident?

According to Georgia law, if you are partly at fault for a bike accident, you may still be eligible to seek compensation. Still, any amount of compensation awarded will be reduced in proportion to your share of fault.

Under the state’s modified comparative negligence system, a jury will assign each party involved in a lawsuit to a degree of negligence. Any negligence assigned to you lessens your compensation. If you have $100,000 in losses but are 10 percent at fault, you could recover $90,000. If you are more than 50 percent at fault, you are not eligible for any recovery under Georgia law.

Insurance companies understand how comparative negligence works in court and will try to shift the blame to reduce their financial liability. Our law firm will advocate for you and push back against allegations that you caused the crash.

Get Help from an Experienced Georgia Bicycle Accident Lawyer

Bicycle accident cases in Georgia can raise complicated questions concerning financial responsibility. Securing the compensation you need to pay medical bills and rebuild your life can be challenging without skilled legal representation.

Our bicycle accident attorneys at Bayuk Pratt are here to help you. We offer more than 50 years of combined legal experience and will work tireless to pursue a favorable outcome for you. Our trial-tested attorneys do not back down. Our case results include over $300 million settlements and verdicts for injured clients.

Contact us 24/7 for a free consultation. We work on a contingency basis, so we will charge for our legal services only if we secure compensation for you.

Author: Bradley Pratt

Bradley Pratt teamed up with Frank Bayuk to form the Atlanta personal injury law firm of Bayuk Pratt in 2022. The firm’s mission is to provide individuals and families with the same elite representation usually reserved for the world’s most powerful companies. A Mississippi native, Bradley earned his undergraduate degree from the University of Virginia and his law degree from William & Mary Law School. Before forming Bayuk Pratt, he served as a partner at one of the world’s largest defense firms, King & Spalding. He has achieved courtroom victories throughout the country, including Georgia, Florida, Texas, and Tennessee. Additionally, Bradley serves on the Advisory Committee to the Board of Directors for the Atlanta Legal Aid Society. Beyond his law practice, he enjoys spending time with his children and teaching them how to hunt, fish, and enjoy the outdoors.

 

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