This is the third and final entry of my three part series on Bicycle Safety including information on reducing risk, types of injuries, insurance issues, liability, and litigation.
Bicyclists not only face a high risk of injuries in a crash, they must also wade through the inevitable confusion from the fall-out of the crash. What insurance source will cover the damage to the bicycle? Is there coverage for the lost wages? To whom do they turn to address their medical expenses? Unfortunately, there is not always a clear answer, as the facts and local insurance laws will vary widely. In order to find the answer, one must sift through all of the insurance sources which may provide coverage for the answer. In some instances, the car insurance for the at-fault driver may be responsible for all of the injured cyclist’s injuries and related damages. In others, there may be a mix of carriers to deal with. For instance, in a “no-fault” (a.k.a. “PIP”) state like New Jersey, the bicyclist’s insurance carrier will likely be responsible for paying for necessary medical bills and possibly some wage benefits, even if the cyclist bears no liability for the accident. If the cyclist is at fault (wholly or partially), they may still find coverage for the property damage to their bicycle and related gear through their homeowner’s insurance. And, depending on the facts of the crash, general liability (“non-auto”) policies may be implicated (such as for defects in the maintenance of a property creating a hazardous condition). Disability insurance should also be considered where available. And a number of companies are now offering various forms of “bicycle insurance,” which may be able to provide protection for some or all of the typical losses. In short, you must look at EVERYTHING.