Article Archive:

2014 (2)

2013 (9)

2012 (22)

2011 (22)

2010 (25)

2009 (24)

Road Rights- Are You Covered?

Most cyclists’ greatest fear is colliding with a car. The danger is not as common as we might believe: Only 28.7 percent of cycling accidents involve an automobile, according to a Federal Highway Administration study. However, about 75 percent of cycling injuries requiring a hospital stay involve a car, so it pays to protect yourself.

One of the best precautions is to obey traffic laws when you ride, which preserves your legal right to be fully compensated for your injuries and damage to your bike. If your violation of the law results in an accident, you not only lose your legal right to full compensation, but you also expose yourself to claims for liability. Beyond that, you should be sure that you are adequately insured. In the United States, there is no comprehensive cycling insurance policy similar to comprehensive auto insurance— yet. Still, you can piece together coverage from other policies.

YOUR FIRST DEFENSE If you have health insurance, your provider will pay your medical bills within the terms of your policy, though it will expect reimbursement from any settlement from the driver’s insurance company if the driver is at fault.

You will also have some coverage from your auto policy, even though you’re on your bike. In some states with no-fault laws, insurers offer personal injury protection (PIP) coverage; if you have PIP coverage and are injured by a car, you would file a claim with your own insurance company. The downside to no-fault coverage is that (with some exceptions) your ability to be fully compensated for pain and suffering injuries will be limited. If you live in a state with tort liability laws, you may instead have coverage from your own auto policy’s medical payments coverage; however, read your policy—some exclude coverage while riding your bike. I recommend that cyclists have the maximum PIP or medical payments coverage available.

IF THE DRIVER IS UNDERINSURED If you are injured by a negligent driver, that driver’s insurance company should pay for your injuries and damage to your bike. Unfortunately, the minimum level of insurance required by states is often shockingly low, and consequently many drivers carry less insurance than would be needed for all but the most trivial of accidents. These drivers are underinsured. Likewise, there are uninsured drivers out there, despite state requirements. This is where the uninsured motorist/underinsured motorist (UM/UIM) coverage of your auto policy will come into play. Remarkably, the price differential between low and high levels of UM/UIM coverage is negligible, so I recommend that cyclists carry the maximum UM/UIM coverage available. Note, however, that you will be required to raise the liability limits of your policy as well.

You should also consider an umbrella policy, which would provide additional coverage in very high amounts for very little money. The catch is that it only comes into play when your other policies specified in the umbrella have been exhausted.

IF YOU’RE AT FAULT What if the driver’s insurer is demanding that you pay for damage to the car? Your homeowner’s or renter’s policy will cover you for negligence, even away from home. These policies have another advantage: You can cover your bike for damage or theft, well worth it for high-end bicycles.

Research and drafting by Rick Bernardi, J. D.

This article, Are You Covered?, was originally published on Bicycling on June 17, 2009.
 

Now read the fine print:
Bicycle and the Law, Bob MionskeBob Mionske is a former competitive cyclist who represented the U.S. at the 1988 Olympic games (where he finished fourth in the road race), the 1992 Olympics, as well as winning the 1990 national championship road race.
After retiring from racing in 1993, he coached the Saturn Professional Cycling team for one year before heading off to law school. Mionske's practice is now split between personal-injury work, representing professional athletes as an agent and other legal issues facing endurance athletes (traffic violations, contract, criminal charges, intellectual property, etc).
Mionske is also the author of Bicycling and the Law, designed to be the primary resource for cyclists to consult when faced with a legal question. It provides readers with the knowledge to avoid many legal problems in the first place, and informs them of their rights, their responsibilities, and what steps they can take if they do encounter a legal problem.
 
If you have a cycling-related legal question, please send it to mionskelaw@hotmail.com Bob will answer as many of these questions privately as he can. He will also select a few questions each week to answer in this column. General bicycle-accident advice can be found at www.bicyclelaw.com.
Important notice:
The information provided in the "Road Rights" column is not legal advice. The information provided on this public web site is provided solely for the general interest of the visitors to this web site. The information contained in the column applies to general principles of American jurisprudence and may not reflect current legal developments or statutory changes in the various jurisdictions and therefore should not be relied upon or interpreted as legal advice. Understand that reading the information contained in this column does not mean you have established an attorney-client relationship with attorney Bob Mionske. Readers of this column should not act upon any information contained in the web site without first seeking the advice of legal counsel.

Announcements

Announcing The Bike Law Network!

March 19, 2014

By Bob Mionske When I wrapped up my cycling career in 1994, I knew I wanted to stay involved with cycling in som...

Welcome Bob Mionske to the Bike Law team!

January 28, 2014

Welcome Bob Mionske to the Bike Law team! We (Ann and Peter) are thrilled to welcome Bob Mionske to the Bike Law...


News

Vigilante cyclists reunite owners with stolen bikes

September 5, 2014

Chicago Reader: Vigilante cyclists reunite owners with stolen bikes Fed up with bike theft, Chicago cyclists ar...

Court rules that even on a bicycle, it's reckless driving

July 21, 2014

The San Francisco Chronicle: Court rules that even on a bicycle, it's reckless driving Bob Egelko M...

Letter: Cyclists are not a menace on the roads

July 20, 2014

The Montreal Gazette: Letter: Cyclists are not a menace on the roads The Montreal Gazette July 20, 2014 Re:...

Bicyclists rally to demand safer streets

July 18, 2014

The Times-Picayune: Bicyclists rally to demand safer streets By Jonathan Bullington, NOLA.com | The Times-Picayu...