How to Claim Insurance After a Bicycle Accident in Florida

A bicycle accident can leave you with significant expenses due to medical treatment, long-term care, and lost wages. Fortunately, you may have the option to file an insurance claim, even if you caused the accident.

Florida has a “no-fault” auto insurance system, which requires insurance providers to compensate injury victims regardless of fault for an accident. A bicycle rider with auto insurance can seek no-fault insurance coverage if a motor vehicle collides with their bike. In some cases, the rider may also have an insurance claim against the at-fault driver’s auto policy.

A knowledgeable bicycle accident attorney can review the circumstances of an injured rider’s case and advise them of their options for seeking insurance coverage.

What Should I Do Immediately Following a Bike Accident in Florida?

Following a bicycle accident in Florida, taking prompt action can put you in the best position to pursue a personal injury case to recover compensation for your injury and damages. Steps to take right after an accident on your bicycle with another motor vehicle include:

• Report the accident to law enforcement and get a copy of the police crash report afterward.
• Seek immediate medical attention to determine what injuries you may have sustained in the crash.
• Follow your doctor’s treatment recommendations and recovery instructions.
• Request copies of your medical records for your treatment and rehabilitation.
• Keep all bills, invoices, and receipts for your out-of-pocket recovery expenses.
• Notify your personal injury protection (PIP) insurer of the crash promptly, as your policy may have a time limit on filing a PIP claim.

You should also contact an experienced bicycle accident lawyer as soon as possible to discuss your options for filing insurance claims or lawsuits to seek compensation for your accident injuries. An attorney can communicate with your insurer or the at-fault driver’s insurance company to protect your interests and vigorously pursue the maximum financial recovery you deserve for the harm you’ve suffered.

What Types of Insurance Can Cover Injuries and Damages from My Bicycle Accident?

Depending on the circumstances of your bicycle accident, you may have different insurance claims you can file to obtain compensation for losses you incur due to your injuries. First, if you have a car insurance policy, you can file a claim under your policy’s personal injury protection (PIP) coverage. PIP provides no-fault coverage for injuries suffered in a collision involving a motor vehicle. As a no-fault coverage, PIP provides an insured with medical and wage benefits regardless of fault for the accident. PIP benefits in Florida include:

• 80 percent of necessary medical bills, up to a maximum dollar cap
• 60 percent of lost wages and earning capacity due to accident injuries, up to a maximum dollar cap
• A $5,000 death benefit after a fatal auto-involved accident

When a negligent driver hits you on your bike, you may have the right to file a third-party liability insurance claim with that driver’s insurance provider for expenses not covered by PIP.

What Damages Could I Recover for My Florida Bicycle Accident?

After a bike crash, you may have viable legal claims that will allow you to seek financial recovery for various losses you suffer from the crash. Depending on the source of compensation, recoverable losses in a bicycle accident claim may include:

• Costs of medical treatment and rehabilitation, including emergency treatment, hospitalization, surgery, medications, physical therapy, and purchases of medical or mobility equipment
• Costs of long-term care for prolonged or permanent disabilities, including home health services, household assistance, and home renovations to install disability accommodations
• Lost income for time off work while recovering from accident injuries
• Ongoing and future lost earning capacity if you become disabled from your job or other kinds of work
• Physical pain and emotional distress
• Lost enjoyment of life

How Can I Claim Compensation If the Driver Who Hit Me Has No Insurance?

You may have other options for seeking compensation after an uninsured driver hits you on your bicycle, including:

• Uninsured motorist (UM) coverage – If you have an auto policy with uninsured motorist coverage, you can file a claim with your insurer. Uninsured motorist coverage has your insurance company step in for the insurance coverage an at-fault driver should have had. It allows you to recover the same losses you could have obtained in a claim against the at-fault driver’s insurance if they had a policy.
• Health insurance – You may be able to seek further coverage for your medical expenses after exhausting your PIP benefits by filing claims with your health insurance provider. However, unlike PIP, health insurance does not cover lost wages for missed work while you recover from your bicycle accident injuries.
• Personal injury lawsuit – You can file a lawsuit against a negligent driver who hit you on your bicycle, even if the driver does not have insurance. However, obtaining financial recovery against that driver may prove challenging since the driver may have limited income or assets to pay an award you get in your lawsuit.

Contact a Florida Bicycle Accident Lawyer

If you’ve been badly hurt because a driver hit you while you were riding your bike, you have several options for pursuing insurance claims and taking other legal action. Contact Zervos & Calta, PLLC for a free, no-obligation consultation with a bicycle accident lawyer in Florida to discuss your legal options for seeking compensation.

Our firm has over 50 years of combined legal experience advocating for the rights and interests of injured accident victims. We have earned a “tough as nails” reputation and a proven track record of successfully securing compensation in personal injury claims, such as this bicycle accident victim:

“I was a bicyclist/pedestrian hit by a car and I was hurt and lost. From the very first email correspondence to the first phone call and first visit to her office my mind was set at ease. Mrs. Zervos is intelligent, professional and personable all at the same time. Angela was in touch with me every step of the process and never left me wondering about anything. Angela was able to get answers quickly and helped with keeping me focused on getting healthy. I will always look to Angela Zervos for any future attorney needs.” – Kimberly

Reach out today to see how one of our Florida bicycle accident attorneys can help you, too.

Visit Our Florida Bicycle Accident Law Offices

About the Author

Angela Zervos
Angela has spent more than 20 years of her legal career fighting for personal injury victims – and against big insurance companies. As a true trial lawyer, she takes on a wide variety of personal injury claims, including those involving motor vehicle accidents, slip-and-fall accidents, medical malpractice, traumatic brain injuries, and wrongful death. Prior to starting her own law practice, Angela secured more than $80 million in settlements and jury verdicts for her clients – a 90 percent success rate since 2002. Her efforts on behalf of her clients have resulted in numerous accolades. For example, Angela maintains a “Superb” 10.0 rating from AVVO, an “AV Preeminent” rating from Martindale-Hubbell, and she is ranked among the Top 100 civil trial lawyers by the National Trial Lawyers Association. Zervos & Calta, PLLC serves the entire Tampa Bay area – including Pinellas County, Pasco County, Hernando County, and Hillsborough County – from offices in Tarpon Springs, Spring Hill, Clearwater, and St. Petersburg.