An accident between a cyclist and a car can be scary and tragic. While an accident can be catastrophic, the good news is that the at-fault driver’s car insurance will likely have to pay for your injuries, and in some cases, your own insurance might as well. Here is what you need to know about whether the other driver’s or your car insurance will cover you after a bicycle accident in Georgia:
Your Own Insurance
Liability coverage, which all Georgia drivers must have, pays for damages to others in the accidents that you cause, which means it will not cover you in a bicycle accident.
However, if you opted to purchase uninsured or underinsured motorist coverage (UM), you may use that in the event that the driver fled the scene or has inadequate insurance.
You can also use your own medical payments coverage (MedPay) or health insurance to pay for your medical bills; however, it is likely that you will need to exhaust your MedPay policy before using your health insurance.
Note: The law does not require drivers to have MedPay or UM coverage; check your policy to see if you have either of these policies.
The Other Driver’s Insurance
If the other driver was at fault for the accident, then his bodily injury liability insurance is responsible for paying for your damages. To recover compensation for your injuries, you will file a claim directly with the at-fault party’s insurance.
Filing a Lawsuit
A third way to recover compensation in a Georgia bicycle accident is to file a lawsuit directly against the at-fault driver. While filing a lawsuit does not always make sense (e.g., if the driver did not have insurance, it is unlikely that he will have the funds to pay for damages), it may help you to recover damages when injuries are serious.
How an Attorney Can Help
Knowing who is liable for damages and whom you must file a claim against after a bike accident can be confusing. In some cases, multiple insurance companies may all pay, in part, for damages.
If an insurance company denies your claim or offers you an unfair settlement amount, having a bicycle accident attorney on your side who can negotiate for damages on your behalf is important.
At Brauns Law P.C., we are ready to do the work that you need to get your money. To learn more about your legal options after a bike accident, contact us today at 404-418-8244.