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Many people believe that if they have been hurt in a bicycle accident and the other driver flees, they do not have a case. Unfortunately, this can be the end result in some cases—but not all! It is extremely important that you speak to an experienced bicycle lawyer near you today to investigate what options you may have. Do not assume that you don’t have a case and wait too long to reach out.
Below, our friends from Blaszkow Legal, PLLC discuss bicycle hit and run accidents and when the victim may have a claim.
Uninsured Motorist Claims For Bicycle Accidents
A hit and run accident is generally going to be reviewed as an uninsured motorist claim. However, in order for you to assert an uninsured motorist claim, you must first be a beneficiary of uninsured motorist coverage! The easiest way to determine whether or not you have this coverage is whether you have a vehicle at home. If you own the motor vehicle at the time of the bicycle hit and run crash, you may be able to pursue your claim under your own car’s uninsured motorist coverage!
You are able to do this because of the language of most uninsured motorist terms within insurance contracts. Many of these insurance policies cover incidents involving uninsured motor vehicles and are not limited to you occupying the vehicle on the policy! It is important to remember here that insurance contracts are generally governed by the law of the policy, meaning by the terms contained within the policy document itself, unless those terms contravene or conflict with state law.
Opening A Claim With Vehicle Coverage
If you do have a vehicle at home, then it is important to open up this claim right away. Contact a an accident lawyer near you today, who will assist in initiating this process.
If you did not have a vehicle at home at the time of the accident, then perhaps you lived with a relative who did. You can sometimes be eligible for car insurance coverage, including the ability to file uninsured motorist claims, if you are known as a resident relative of an insured. Now, this gets very technical and very case-specific, but it is possible. The definition of resident relative varies from state to state, and even insurance policy to insurance policy. Oftentimes, resident relative includes brothers and sisters, parents, spouses, and siblings. Just as often, it does not cover aunts, uncles, nieces, nephews, and cousins. There are, of course, exceptions to these generalities, and it comes down to the insurance policy documents and applicable law.
Insurance Coverage Timing And Technical Considerations
Another concern is what was the state of insurance coverage at the time of the bicycle hit and run. Who had a bicycle hit and run, and then you moved in with your parents, for example, if the moving was after the crash, the insurance company is going to investigate the sequence of events. Coverage is not retroactive. So even though you might have met the definition of resident relative after the point you moved in, if the crash predates that, then you may not be covered.
An Injury Lawyer’s Help
As you can see, these definitions get very technical and can involve a lot of analysis of applicable law and insurance policy documents. The best way to determine whether or not you have a case is to call an experienced bicycle accident lawyer near you. The longer you wait, the more at risk you put your case. It typically costs you nothing to talk to an injury lawyer, and this can help you to clarify what to do next.
