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forrest
Post subject: What would you do if you were hit by another cyclist?  PostPosted: Sep 14, 2017 - 06:54 PM
Ultra Distance
Ultra Distance


Joined: May 10, 2010
Posts: 1510
Location: Ganymede
This is a question that I have often wondered.

Imagine yourself out on the trail by yourself or on the roads on a group ride with people that you don't know. A road rider becomes squirrelly and takes you out, or a triathlete with his earplugs in and staring at his Garmin runs right into you. Let's keep it to the downright negligent scenario, not the occasional inevitable accident.

You could end up with various injuries to yourself and various amounts of damage to the bike. In the case of the bike, you might not know for days or weeks and then might take it in to have it looked at. You didn't know the guy and won't ever see him again. Or maybe your frame is taco'ed. Maybe you could have waited for a few hours for the police to show up, but would it have done any good? Would his home owner's policy or auto policy have covered anything?

How would you all handle these situations in general?

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P.S. 4-29-2017!!!!
FTS vs BJP @ Walker, Floyd, Chattooga
 
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ratherBbiking
Post subject:   PostPosted: Sep 15, 2017 - 07:15 PM
Distance Rider
Distance Rider


Joined: Jul 12, 2006
Posts: 332
Location: Sharpsburg
Broad questions like that can only be answered with general statements.

- If the negligent cyclist is unknown to you and cannot be identified, then, by definition, he is unknown and unidentifiable and there is not much you can do to get the responsible party to pay. In that case, you have to resort to your own insurance. Obviously, your own health insurance should cover the medical bills. You may also be able to get coverage under your uninsured motorist coverage, but that seems like a stretch since the coverage usually only applies to injury caused by a motor vehicle. You may be able to get your bike covered under your homeowner’s coverage, but every insurance company and every policy is different, so it is impossible to answer that question in the abstract. Pull out your policy and see if it would cover your bike. If you are not sure, ask your agent what you need to do to make sure your bike is covered, not just for that scenario, but for others too, such as theft, your bike falling off your vehicle, your bike being crashed due to your fault, etc. Also, a police report is probably a solid idea.

- If you are able to identify the cyclist, then you have many options. You could exchange insurance info and make a claim, sue in small claims court, sue in regular court if the damages are bad enough, etc. With respect to whether the negligent cyclist's insurance will pay, the standard homeowner’s ISO form covers liability arising from an injury to a person off the insured location [meaning, not at the insured’s home] if the injury is caused by the activities of an insured. In the abstract, that is promising language, but there are an infinite number of facts that could cause other coverage problems. Moreover, the negligent cyclist may have less favorable language in his policy than the standard ISO form. The negligent cyclist’s auto coverage may apply, but I am skeptical about that. It would be worth looking into.

The bigger question is what to do if you get whacked by a hit and run driver. For that scenario, you better hope your uninsured motorist coverage applies. I think people are insane to bike on the road without first ensuring you have sufficient UM coverage. Pull out our policy and examine your UM language. Some policies are very broad and cover injury to you caused by an uninsured driver, regardless of where you are when you get hurt. For instance, some policies will cover you if you get hit while walking on a sidewalk, or in a cross walk, or on a bike, or sitting in your living room. Other policies are restrictive and will only cover you if you are in a car when you get hurt. Get the broad coverage, and get a lot of it. I think I have $500,000 in UM coverage, to protect myself from all the a-hole and idiot drivers in Atlanta.

A good disability policy would come in handy too for your scenario.
 
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