Who Pays If A Car Hits Me While Riding My Bicycle?

In this video, Attorney Ben Schwartz answers a viewer’s question, “Who pays if a car hits me while riding my bicycle?”

Who Pays If A Car Hits Me While Riding My Bicycle?

Hi, I’m Attorney Ben Schwartz,

Today we are going to continue with the second video in our series on bicycle accidents and personal injury accidents. We are going to answer the question, “who pays if a car hits me while riding my bicycle?” This is a case we see over and over, in fact, one of the attorneys in our office was out riding his bike and this happened to him. It is something that is very common and I think the reason why is because motorist hit cyclist with their side view mirror and they do not realize they did it and they just keep going. They do not come back, because there is really no damage to their car. When the side view mirror hits the cyclist and it knocks him over, or knocks him into a ditch, it can cause very serious injuries.

We have seen a good number of these serious bicycle accident injury cases where the motorist hits the rider and then the motorist just keeps going and no one ever captures their information or makes contact with them. The at-fault driver is not known, is not identified, we cannot sue them, we cannot contact them and find out who their insurance company is, what are we going to do? The answer is, if you are injured in a bike accident, where the motorist flees the scene, this is called a phantom vehicle case, meaning you cannot identify who the responsible party is.

In a phantom vehicle case, you look to your own auto insurance. As the cyclist, if you own a motor vehicle, or you are named as insured on a vehicle, you look to that insurance for damages of your injuries. You look to the personal injury protection insurance or med pay insurance on your own car, to see if that will pay your medical bills. You may look to the uninsured motorist coverage on your own auto policy or the auto policies of the household resident/family member to pay you what you would have gotten for your pain and suffering and other elements of your personal injury case. The uninsured motorist claim would pay you what you would have gotten if you were able to identify the driver that left the scene.

I guess the point is, if you have been in this type of accident, or know someone who has been in this type of accident, do not give up. Go to an attorney in the jurisdiction where the accident happened and get some legal advice. A good personal injury attorney will know how to screen for coverage that might provide insurance benefits for these types of injuries. A good attorney will know how to make a case even though to a regular person it does not look like there would be a case. Do that as soon as you are able after your accident.

Thanks for watching. I hope you enjoyed this video. This is the second video in a five part series on personal injuries involving bicycle accidents. I’m Attorney Ben Schwartz, if you like this video or you have a question, send me an e-mail below.

Please take a moment to watch our other videos in this bicycle accident series:

Why Don’t Cyclists Just Ride On The Sidewalk?
How to avoid common bicycle vs. car accidents
3 Tips to avoid Bicycle Accidents in Intersections
Tips for avoiding Bicycle Sideswipe Accidents

Who Pays If A Car Hits Me While Riding My Bicycle?

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