By Thomas Henson Jr.
Cyclists know that every ride holds the risk of a bike-car collision. We understand that danger on an intellectual level, but we don’t dwell on it. We push aside thoughts of an unpredictable outcome too horrible to contemplate. If we didn’t, bikes would collect cobwebs in the garage. But cycling wrecks happen, and when they do, the cyclist often suffers serious—if not catastrophic—injuries.
Still, for most of us, the ride is worth the risk. But before you put on your helmet and hi-vis gear, before turning on lights and wrapping up with reflective tape, I urge you to consider another critical element of protection that most cyclists miss: insurance.
Car Insurance (Yes, Car Insurance)
Everyone in North Carolina is required to carry liability insurance on their car. This pays for property damage and injuries suffered by the other person in a wreck—even if that other person is on a bike. So, let’s say you’re a cyclist struck by a motor vehicle. The car driver’s liability insurance will cover the cost of your injuries…but only up to the limit of that driver’s policy. In our state, you are only required to carry $30,000 in liability car insurance. Clearly, $30,000 will barely put a dent in the medical costs of any serious injury. Worse, the DMV estimates that 1 in 7 drivers unlawfully carry no liability insurance, which means they couldn’t contribute anything to your hypothetical medical bills in the event of a bike-car collision.
However, you can make up for this shortfall in other drivers’ insurance by purchasing uninsured motorist (UM) coverage and underinsured motorist (UIM) coverage for yourself. That insurance is not only for your vehicle—it follows you and everyone in your family. It covers you when you’re cycling, it covers your spouse walking to work, and it covers your child riding with a chaperone in a friend’s car.
As a catastrophic injury attorney, I have seen the devastation of a cycling injury. That’s why I recommend that you call your insurance agent (or go online) and sign up for as much UM/UIM coverage as you can afford. Depending on your policy, you can get $1 million in coverage for about $100 extra per year. A policy for $2 million is just a few hundred more. I, personally, have opted for $6 million in UM and UIM coverage. It gives me peace of mind to know that I’ll be protected in the event that the unthinkable happens on my next ride.
How It Works…Really
If you are hit by a car while cycling, your medical expenses are, in theory, covered by the motorist’s car insurance. If the driver has no insurance or not enough insurance to cover the full cost of your injuries, then your own UM/UIM coverage kicks in. That UM/UIM insurance (from your own car policy) will pay all your bills, and provide compensation for pain and suffering. Uninsured motorist insurance will even cover costs should you be struck by a hit-and-run driver.
That’s the way it is supposed to work, but if it were that simple, I would be out of a job. In reality, insurance companies don’t like to pay, even if there is a valid policy in effect. You won’t wake up in the hospital after a wreck with a fat check waiting for you. All insurance claims are adversarial, even if it is a claim from your own policy with your own insurance company. Insurance companies can often drown you in paperwork and challenges when it comes time for them to pay up. To get compensated, you will need to prove all elements of your damages—your medical bills, continuing care costs, physical therapy, pain and suffering, everything. It’s an arduous task, especially when you’re recovering from an accident. An injury attorneys, job is to make sure their client- gets proper payment for their injuries, whether or not the case ends up in court. The attorney handles the dispute so their clients can heal.
However, you can’t win a fight for money that isn’t there. Having UM/UIM coverage ensures that the money is potentially available should you be injured, whether on your bike, in your own car, or anywhere else.
So… check your car insurance policy to see how much Uninsured and Underinsured Motorist coverage you have, and sign on for as much as you can afford. Consider it an investment in your peace of mind.
For more information about this topic, check out http://www.lawmed.com/cases-we-handle/auto-accident-claims/auto-accidents-property-damage-vs-bodily-injury-claims/, or the North Carolina Department of Insurance, at http://www.ncdoi.com/consumer/Consumer_Auto.aspx.
Ride Safe, and I’ll see you on the road!
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Thomas Henson Jr. is an avid cyclist, and finds much happiness in bike rides with his family and friends. He leads the complex injury litigation department of HensonFuerst Attorneys. He can be contacted at ThomasHenson@lawmed.com.
