As a cyclist, you have the same legal rights on the road as a driver in a car. That means if someone else caused the accident, whether it was a driver, pedestrian, or even a city failing to fix a dangerous road, you may be able to file a claim against them. The law is there to protect you, but it’s up to you to speak up and take action.
Your claim could cover more than just hospital bills. You may also be able to get money for lost wages if you missed work, pain and suffering if the injury affected your daily life, and the cost to repair or replace your bike.
By the way, while it’s crucial to know how to deal with accidents when they happen, safety measures for reducing bicycle accidents are just as important.
These are the steps involved in filing a bicycle accident injury claim:
Get Medical Attention
You would help your case a lot if you got medical attention right after the accident. It doesn’t matter if you feel just fine or have no visible injuries. Some injuries take time to show symptoms, and waiting too long can hurt your claim.
A visit to the doctor also creates a medical record, which proves you were hurt and when it happened. That’s important when you’re dealing with insurance companies later on.
Start Gathering Evidence Right Away
The evidence you collect right after the accident is often the most powerful. Try to take clear photos of the accident scene, including your bike, any vehicles involved, your injuries, road conditions, or anything else that might be relevant.
If anyone saw what happened, get their names and contact info. Witnesses can be a huge help if there’s a dispute about what caused the accident. Also, make notes about what happened while it’s still fresh in your mind.
Kickstarting the Claims Process
Once you’ve gathered your evidence and gotten medical treatment, it’s time to start the claims process. The first step is to notify the other party’s insurance company that you’re planning to file a claim.
The notification is usually done by sending a letter or an email explaining what happened, what injuries you have, and what kind of damages you’re dealing with.
After that, the insurance company will launch its own investigation. They’ll look at police reports, medical records, photos, and witness statements. In some cases, they might ask you to go to a doctor they choose for an independent medical exam. This is their way of confirming your injuries.
Once the investigation is done, the insurance company will either accept or deny your claim. If they accept it, they’ll make you a settlement offer. You can accept that offer or negotiate for more if it doesn’t cover everything. If they deny your claim, you still have options, including taking legal action through the courts.
Keep Track of Your Expenses
One of the smartest things you can do during this whole process is to stay organized. Save every receipt and bill related to the accident, including doctor visits, prescriptions, physical therapy, transportation to appointments, and repairs for your bike or gear. All of this can be included in your claim.
It also helps to keep a recovery journal. This doesn’t have to be anything fancy. Just write down how you’re feeling day to day, what activities you can’t do, how the injury is affecting your sleep, school, work, etc. This personal record can show how the injury has impacted your life beyond just the financial side.
Work with a Lawyer
You don’t need a lawyer to file a claim, but having one on your side can make things easier, especially if the case is complicated or the insurance company is being difficult.
A lawyer who specializes in bike accidents knows the system, knows how to build a strong case, and knows how to push back when the insurance company tries to offer less than you deserve.
If you decide to get a lawyer, look for someone with experience in bicycle injury cases. Ask how they get paid. Most work on a “no win, no fee” basis, which means you don’t pay unless they get you money. A good lawyer will explain the process clearly and keep you updated every step of the way.
