Pottstown Bicycle Accident Lawyer

Bicycle knocked down by vehicle with helmet on road

Cyclists are vulnerable on the road, and accidents can lead to serious injuries. If you’ve been hurt in a bicycle accident, Kingbird Legal can help. Our Pottstown bicycle accident lawyer will fight for your rights and pursue compensation for your medical bills, lost income, and pain and suffering. Call 484-289-4880 today for a free consultation, and let us advocate on your behalf.

Handling Insurance Companies After a Bicycle Accident in Pennsylvania

Bicycle accidents can leave riders with serious injuries and costly medical bills. When a crash involves a motor vehicle, insurance companies become part of the process. While insurance is supposed to help cover expenses, getting fair compensation is not always easy. Insurers often try to minimize payouts, leaving injured cyclists with financial burdens. Knowing how to handle insurance companies after a bicycle accident can make a difference in the outcome of a claim.

Reporting the Accident and Filing a Claim

After a crash, one of the first steps is notifying the appropriate insurance provider. Depending on the circumstances, different policies may come into play. If a driver caused the accident, their auto insurance should cover the damages. If the cyclist has auto insurance, their personal injury protection (PIP) may provide coverage as well. Some homeowners or renters insurance policies may also help with certain losses.

When reporting the accident, it is important to provide only basic facts. Insurance companies often ask for recorded statements, but it is best to avoid giving one without legal guidance. Adjusters may try to use statements against the injured party to reduce or deny a claim.

Understanding Pennsylvania Insurance Laws

Pennsylvania follows a no-fault insurance system for car accidents. This means that injured parties often turn to their own insurance policies first, regardless of who was responsible. However, bicycle accidents do not always fall neatly under these rules. Since cyclists are not driving a vehicle, they may not have access to no-fault benefits unless they have an auto policy.

In cases where a motorist is at fault, their liability insurance should cover medical bills, lost wages, and other damages. Pennsylvania requires drivers to carry minimum liability coverage of:

  • $15,000 per person for bodily injury
  • $30,000 per accident for bodily injury
  • $5,000 for property damage

If the cyclist’s injuries exceed these limits, they may need to explore additional options, such as the driver’s personal assets or their own underinsured motorist coverage.

Dealing With the Driver’s Insurance Company

When an accident is caused by a negligent driver, their insurance company will likely try to settle the claim quickly. While this may seem helpful, early settlement offers are often much lower than what the injured person deserves.

Insurance adjusters may argue that:

  • The cyclist was partially or fully at fault
  • The injuries are not as severe as claimed
  • The medical treatment received was excessive
  • There were pre-existing conditions unrelated to the accident

These tactics are used to minimize payouts. Injured cyclists should be cautious when speaking with adjusters and should not accept a settlement without reviewing the full extent of their losses.

Proving Fault and Liability

To receive compensation, the injured cyclist must prove that the driver was negligent. This can be done by gathering evidence such as:

  • Police reports that document the crash
  • Witness statements from people who saw what happened
  • Photos of the accident scene, vehicle damage, and injuries
  • Medical records that connect the injuries to the crash
  • Traffic camera or dashcam footage, if available

Pennsylvania follows a comparative negligence rule, meaning that if a cyclist is found partially responsible for the accident, their compensation may be reduced. For example, if they were not following traffic laws or were distracted, the insurance company may argue that they share some blame. If a cyclist is more than 50% responsible, they may not be eligible for compensation.

Seeking Coverage Through Personal Insurance

If the driver who caused the accident does not have insurance or leaves the scene, the injured cyclist may need to turn to their own policy. Uninsured motorist (UM) or underinsured motorist (UIM) coverage can help in these situations. This type of coverage is optional in Pennsylvania, but those who have it may be able to recover medical expenses and lost wages.

Health insurance can also help cover medical costs, though there may be deductibles and out-of-pocket expenses. In some cases, medical providers may place a lien on a settlement, meaning they will be reimbursed once the claim is resolved.

Negotiating a Fair Settlement

Insurance companies often start with low settlement offers. Injured cyclists should not feel pressured to accept the first amount presented. It is important to calculate the full impact of the accident, including:

  • Current and future medical expenses
  • Lost wages and reduced earning capacity
  • Pain and suffering, including emotional distress
  • Costs for rehabilitation or long-term care

Providing medical records, pay stubs, and expert testimony can help justify a higher settlement. If negotiations do not lead to a fair offer, taking legal action may be necessary.

When to Consult a Lawyer

Handling insurance claims after a bicycle accident can be challenging, especially when injuries are serious. An attorney can help by:

  • Communicating with insurance companies on the victim’s behalf
  • Gathering evidence to prove liability
  • Negotiating for a fair settlement
  • Filing a lawsuit if necessary

Many personal injury lawyers offer free consultations, allowing injured cyclists to understand their options without upfront costs. Since most work on a contingency basis, legal fees are only collected if compensation is recovered.

Filing a Lawsuit if Necessary

If insurance negotiations fail, the next step may be filing a personal injury lawsuit. Pennsylvania has a two-year statute of limitations for injury claims, meaning that legal action must be taken within that time frame. Waiting too long can result in losing the right to seek compensation.

During a lawsuit, both sides will present evidence, and the case may go to trial if a settlement is not reached. While most cases settle before reaching court, being prepared for litigation can improve the chances of receiving a fair amount.

Pottstown Bicycle Accident Attorney – Protecting Cyclists’ Rights

Dealing with insurance companies after a bicycle accident can be stressful. Injured cyclists should focus on recovery while taking steps to protect their legal rights. Avoiding quick settlements, gathering strong evidence, and seeking legal guidance when needed can make a significant difference in the outcome of a claim. Understanding how insurance works and being prepared for negotiations can help ensure fair compensation for medical costs, lost income, and other damages.

Kingbird Legal is ready to defend your rights. Our Pottstown bicycle accident attorney will fight for the compensation you need to recover physically and financially. Call 484-289-4880 today for a free consultation, and let us guide you through the process to ensure you get the justice you deserve.