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November 27, 2023 | Bicycle Accidents
A bicycle accident can lead to major injuries and property damage, but who pays for these damages if another person was responsible for the incident? During the most recent reporting year in Texas, there were more than 2,300 bicycle crashes that resulted in an injury or fatality, according to the state Department of Transportation. The type of insurance that covers bicycle accidents will depend on the nature of the incident. Here, we want to review which possible insurance carriers will cover these incidents if they occur in Texas.
If another driver causes a bicycle accident, there will need to be a report made to law enforcement officials. The incident should be investigated just like any other traffic collision. If it appears that the other driver was indeed at fault, their insurance may end up paying compensation to the injured bicyclist. In the state of Texas, drivers are supposed to carry the following types of insurance (along with the minimum required by state law):
An injured bicyclist would either first file a claim with their personal insurance, which would then file the claim with the at-fault driver’s insurance carrier, or, if the bicyclist does not have auto insurance, they would file the claim directly with the at-fault driver’s carrier.
Personal injury protection (PIP) insurance is available in Texas, but it is not required under state law. This is the type of no-fault insurance that provides compensation for medical bills up to the limits of the policy, regardless of who caused the incident. If an injured bicyclist does have auto insurance and has PIP in place, they can typically file a claim with their own carrier to recover this compensation.
If an injured bicyclist is harmed in an accident caused by an uninsured motorist or a hit-and-run driver who is not located, the bicyclist may be able to turn to their own uninsured motorist coverage, if they carry such coverage, under their auto insurance policy.
Uninsured motorist coverage is not required in Texas, so there is no guarantee a bicyclist would even have this coverage if they do have auto insurance. However, uninsured motorist insurance is not very expensive, and it does help cover expenses for situations just like this.
In some cases, an injured bicyclist may be able to use their personal traditional health insurance plan to pay for injury expenses after an accident.
It may end up becoming necessary to file a civil personal injury lawsuit against the at-fault party to recover additional compensation. We suggest that you speak to a skilled Austin bicycle accident lawyer from the Bonilla Law Firm who can assist you with this process. An attorney can investigate every aspect of your claim and help determine the best steps for recovering the compensation you need. Your lawyer will help file claims with the appropriate insurance carrier and, if necessary, file a lawsuit in civil court on your behalf.