There are many factors in determining whether you need to file a bike accident insurance claim.
Factors for Filing Bike Accident Insurance Claim
Statute of Limitations
The first factor is the statute of limitations. After a bicycle accident, there is a time limit for you to resolve your bodily injury claims before having to file a lawsuit in court. If you are injured by a private citizen, you have two years from the date of the accident.
However, if some type of governmental agency or officer caused the injury, then you have six months to file a claim against that governmental agency and officer. If you are getting close to the statute of limitations, then you may need to file a lawsuit.
The second factor is liability. In bicycle accident cases, there is a prejudice against bicyclists due to the fact they share the road with drivers. Therefore, drivers believe cyclists are a nuisance. A traffic collision report will be by law enforcement in collisions where there are injuries serious enough for an ambulance to arrive.
A traffic collision report will state the information on the car driver as well as yourself, the bicyclist. The officer will note the direction of travel by all parties, witness statements, traffic devices like a stop sign or signal, and oral statements. Finally, the officer will write down his conclusion on who is at fault for the collision.
Expert testimony may also be needed to determine fault by using factual data of time, speeds, and distances. Depending on the conclusions by the police report and expert testimony, bike accident insurance claims may need to be filed.
Injuries Suffered from Bike Accident
The third factor is bodily injury damages. Since auto versus bicycle accidents have a greater chance of having severe injuries, experts may be needed for medical opinions, especially for future care. With serious injuries, experts are also needed to calculate the cost of those future treatments and care. These opinions will help you get compensated for your injuries. When experts are used in a case most often a claim is needed.
What are the insurance restrictions?
The final factor is insurance limits. The size of the insurance policy is a factor in whether to file a claim or not. If you have serious injuries and the negligent party has large policy limits, then the insurance company will probably dispute the amount of compensation.
With big injuries and small limits, there may not be any dispute regarding the compensation. Depending on your facts of liability and damages, and the insurance company scope responsibly will all factor into whether a claim will be made or not.
Contact a Long Beach Bike Accident Attorney
If you need help seeking compensation for injuries after a bike accident The Beliz Law firm will fight for you. Contact us for a free consultation to get the maximum amount of compensation.