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What Insurance Covers You After a Bicycle Accident?

Jonathan Rosenfeld

After a bicycle accident in Illinois, compensation typically comes from one or more of the following:

  • At-fault driver’s auto liability insurance – covers your injuries if the other driver caused the crash
  • Your own MedPay coverage – pays initial medical bills regardless of fault
  • Your own UM/UIM coverage – steps in if the at-fault driver has no insurance or not enough
  • Your private health insurance – covers ongoing treatment as a secondary safety net
  • Other coverage – workers’ comp, product liability, or homeowners/renters insurance in specific situations

Most claims end up drawing on more than one of these at the same time.

These coverages typically work together rather than one at a time. MedPay and your health insurance usually pay your medical bills first, while the liability claim against the at-fault driver is still pending. That driver’s auto liability policy is generally the primary source of full compensation for your losses. If that policy is missing or too small to cover your damages, your own UM or UIM coverage fills the gap. Figuring out which policies actually apply to your situation is case-specific, and identifying every one of them is something we do at no cost during a free consultation.

Will the Driver’s Auto Insurance Pay for My Injuries?

In most cases, the first source of recovery is the at-fault driver’s auto insurance policy. Illinois is a fault-based state, meaning the person who caused the crash is legally responsible for the resulting damages. Every driver in Chicago is required to carry liability insurance to cover bodily injury and property damage.

When you file a third-party claim against the driver, their insurance should cover your economic damages like hospital stays and physical therapy. It also covers non-economic damages such as pain and suffering or emotional distress. However, insurance adjusters often try to minimize these payouts. They might argue that you were partially at fault to reduce the settlement amount under modified comparative negligence rules.

Can My Own Car Insurance Help If I Were on a Bike?

It surprises many cyclists to learn that their own automobile insurance policy can provide protection even when they are not driving. If you have medical payments coverage, often called MedPay, it can act as an immediate resource. This coverage pays for your medical expenses regardless of who caused the accident.

MedPay is incredibly valuable because it does not have a deductible. It can cover your initial emergency room visit or co-pays while you wait for a larger settlement from the negligent driver. This first-party coverage ensures that your healthcare providers are paid promptly, protecting your credit score and ensuring you receive necessary treatment without delay, especially when filing a bike accident insurance claim.

MedPay is optional coverage in Illinois, so not every policy includes it, and typical limits are modest, often just a few thousand dollars. You do not need to prove fault to use it. By comparison, Illinois requires drivers to carry at least $25,000 per person and $50,000 per accident in liability coverage, with matching minimums for uninsured motorist coverage, according to the Illinois Department of Insurance.

What Happens If the At-Fault Driver Has No Insurance?

Unfortunately, many drivers in Chicago operate vehicles without valid insurance or carry only the state minimums. If you are involved in a hit and run or a crash with an uninsured motorist, you are not necessarily out of luck. Your own policy likely includes Uninsured Motorist (UM) coverage, so understanding when a cyclist is responsible for a crash is crucial.

UM coverage steps into the shoes of the missing insurance company. It allows you to recover compensation from your own insurer as if they represented the at-fault driver. Similarly, Underinsured Motorist (UIM) coverageapplies if the driver’s policy limits are too low to cover your catastrophic injuries. Navigating underinsured motorist claims after a bike crash requires precision, as your own insurance company may suddenly become your adversary during negotiations.

How Does Health Insurance Work Alongside an Injury Claim?

While you pursue a personal injury lawsuit, your private health insurance will typically cover your medical treatments as they occur. It functions as a secondary safety net. However, health insurers often include a subrogation clause in their contracts, meaning they can claim reimbursement from your settlement for the bills they paid on your behalf.

This means that if you receive a settlement from the at-fault driver later on, your health insurance provider may demand reimbursement for the bills they paid. Managing the balance between health insurance benefits and an accident settlement is tricky. A skilled legal team can often negotiate these liens down, ensuring more of the final settlement stays in your pocket for your long-term needs.

Illinois follows what’s known as the common fund doctrine: if your attorney’s work is what created the settlement fund, a health insurer asserting a lien against that fund generally has to shoulder a proportionate share of the attorney’s fees and costs that went into securing it. In practice, that usually means the insurer’s reimbursement claim gets reduced, which puts more of the settlement in your pocket rather than going straight to the insurer.

What Other Types of Coverage Might Be Available to Me?

Beyond standard auto and health policies, other forms of insurance might be relevant depending on the circumstances of the bicycle crash. For instance, if you were working at the time of the accident, workers’ compensation might apply. If the accident was caused by a defective bike part, a product liability claim against the manufacturer’s insurance might be an option.

In some cases, homeowners’ or renters’ insurance may provide liability coverage if you were the one who accidentally caused injury to someone else while cycling. The same policy can also work in your favor: personal property coverage under a homeowners or renters policy may reimburse you if your own bicycle was damaged or stolen, usually subject to a deductible and sometimes a lower sub-limit specifically for bikes. Exploring every potential insurance avenue, including compensation for a damaged bicycle, is vital to ensuring you are fully compensated for every aspect of your recovery.

FAQ

Does my insurance cover me if a car door hits me? 

Yes, being doored is a common type of accident in Chicago. The driver’s auto liability insurance typically covers these incidents because the act of opening a car door is considered part of operating the vehicle.

Should I talk to the driver’s insurance adjuster alone? 

It is generally not recommended. Adjusters work for the insurance company, and their goal is to save the company money. They may use your statements to shift blame or offer a lowball settlement before the full extent of your injuries is known. If your claim gets denied anyway, our guide on what happens when an insurer denies a bicycle claimwalks through your next steps.

What if I do not own a car or have auto insurance? 

If you do not have your own auto policy, you might still be covered under a household member’s policy. If no such coverage exists, you can still pursue a claim against the at-fault driver’s insurance or file a lawsuit against them personally.

How long do I have to file an insurance claim in Chicago? 

While insurance companies have their own internal reporting deadlines, the statute of limitations for filing a personal injury lawsuit in Illinois is generally two years from the date of the accident. It is best to act quickly to preserve evidence.

Contact a Chicago bicycle accident lawyer today.

Recovering from a bicycle accident is hard enough without the added stress of fighting insurance companies. Whether you are dealing with a hit and run or a complex multi-vehicle collision, you deserve an advocate who understands the nuances of Illinois law. We specialize in holding negligent parties accountable and maximizing the value of your bicycle accident settlements.

Many riders don’t realize everything their own policy actually covers. Bring us your declarations page during your free consultation, and we’ll review it at no cost to identify any MedPay or UM/UIM coverage you may not know you have. We work on a contingency fee basis, so you pay nothing upfront and owe us nothing unless we recover compensation for you.

Do not let an insurance company dictate the value of your recovery. Our team is ready to investigate your case, identify all available insurance policies, and fight for the justice you deserve. Reach out to us today for a free consultation and let us help you get back on the road to recovery while following bicycle accident legal protection tips.

Jonathan Rosenfeld Legally Reviewed By
Attorney Jonathan Rosenfeld

Reviewed by Attorney Jonathan Rosenfeld The material on this page has been legally reviewed by Attorney Jonathan Rosenfeld of Rosenfeld Injury Lawyers LLC. Mr. Rosenfeld and his team have experience representing injured cyclists in bicycle accident cases in Chicago. With a focus on personal injury law, they help bicycle accident victims understand their legal options and pursue compensation for medical expenses, lost wages, and other damages resulting from their injuries.

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