How to Build a Strong Bicycle Accident Compensation Claim

livewell
October 3, 2024
Noah Bennett

Introduction

The era of cycling has returned thanks to the global effort to reduce the use of fossil fuels. Bicycling is considered a cheap replacement for motorcycles and cars for covering short distances. Cycling is not only free from pollution but also provides a safer atmosphere due to their slower speeds. Additionally, some local governments also assist these cyclists by preventing motorized traffic in some areas.

However, people who are fond of cycling are not immune to all types of accidents. They sometimes receive severe injuries that can also cause financial problems. In this situation, it is necessary to understand the process of bicycle accident compensation claims. Only a stronger claim enables them to get proper compensation according to the damages they suffer.

Causes of Bicycle Accidents and their Significance

Determining the cause of a bicycle accident is very important before claiming compensation. The rider can expect more chances of getting claims of an accident if it happens due to negligence of the other party. However, there are several scenarios where it becomes difficult to get valuable or any compensation at all. These include but are not limited to:

Irresponsible cycling
Not following traffic rules
Not maintaining the bike properly
Riding a bike with an unsuitable size
Turning too quickly or dangerously

Understanding Bicycle Accident Claims

Riders can get compensation after proving their innocence or the negligence of the other party after a bicycle incident. This compensation may include medical expenses, pain, and injury, lost wages due to leaving work, and property damage, according to the terms and conditions of the accident compensation claim.

Main Steps to Claim Bicycle Accident Compensation

Building a strong bicycle accident compensation claim is not a simple process. The rider needs to take several steps before completing the compensation process. These include:

Collecting Reliable Evidence

The first step for building a strong bicycle accident case is to gather evidence for the accident. It comprises several steps and records, such as:

Obtaining Police Report

The police report is the primary record of any accident. Police usually receive all important information about accidents, including the names of the affected parties and witnesses, the cause of the accident, and other relevant points. Therefore, it is necessary to obtain a copy of the police report from the accident scene and present it as evidence where required.

Gather Medical Records

The next major report for a bike accident is getting a medical record of your injuries. This record may include test results, hospital bills, and other information related to your health and severity of injuries. This medical report can increase your chances of getting fair compensation for your injuries.

Take Relevant Photos

It is difficult to take photographs after suffering a severe injury in a bicycle accident. However, this should be a priority if possible as these pictures provide reliable proof for the cause and extent of the accident.

Information About the Responsible Party

Bicycle accidents usually involve collisions with other vehicles or pedestrians. In this case, getting detailed information about the involved vehicle or person strengthens the case for a compensation claim.

Testimony from Witnesses

Witnesses of the accident can also bolster your compensation claim for a bicycle accident. You should obtain contact information and recorded statements from these witnesses to improve your chances of getting a bicycle accident compensation claim.

Getting Legal Advice

Taking the above steps and gathering information makes your case stronger, but it cannot guarantee your success in getting a fair compensation claim. Insurance companies usually try to weaken your evidence through various objections. You can avoid this situation by consulting an attorney with experience in bicycle accident cases. They provide expert guidance in negotiating a settlement with insurance companies. You can get their assistance with:

Evaluate the Value of Your Claim

The attorney will review all evidence (those gathered by you and others available) and determine the realistic value of the claim depending on this evidence.

Negotiate on Your Behalf

Insurance companies try their best to devalue your claims by raising various objections. However, lawyers can negotiate a fair deal with them due to their understanding of the legal aspects of your evidence.

Assistance in Court

Negotiations with insurance companies do not always remain successful and they may reject a fair deal after proving fault in bicycle accident claims. In this situation, you may need a qualified lawyer for assistance in court. They can present your case according to its merits and may win it in court by their strong arguments.

Calculate Damages

Calculating damages is the primary part of a fair deal with your insurance company. These damages are not limited to monetary losses but contain several other features that increase your chances of maximizing your compensation claim.

Medical Costs

These are the main expenses that you can claim after suffering a bicycle accident. This may include medical treatment, hospital stays, rehabilitation, and visiting costs.

Discontinuity of Job

A severe injury may result in the inability to work for several days. This may result in lost wages and enables you to demand compensation for these losses.

Damage to Property

Bicycles are usually not very strong and may suffer visible damage even after moderate accidents. In this situation, you may get compensation for the costs of repair or replacement of your property (vehicle).

Physical Pain and Distress

You also suffer physical pain and loss of daily enjoyment after an accident due to staying or frequently visiting hospitals. You can increase your compensation claim by proving your physical and mental suffering.

Negotiating Settlement with Insurance Company

The next step in claiming compensation after a bicycle accident is negotiating a fair settlement with the insurance company. It can be your last step of this process if you and your insurance companies reach a deal with a mutual benefit. However, you need to consider the following steps during these negotiations to make them successful.

Avoid Hasty Decisions

The negotiating process can become a lengthy one as both parties try to get as much benefit as possible. Therefore, it is necessary to be patient and avoid hasty decisions as it may incur monetary losses despite a stronger legal case.

Gather Relevant Evidence

It is mandatory to gather all evidence before evaluating your compensation claim. You should present all these proofs in front of the insurance company in a documented way to strengthen your claim.

Be Reasonable

Everyone wants to get as high a share for a compensation claim as possible. However, the claim should be reasonable to reach an agreement. It can save you from further legal proceedings, and result in undue time and cost.

Taking Your Case to Court

Settling with the insurance company rarely happens due to unreasonable demands by one or the other party. If that happens, you will need the services of an attorney who can assist you in the court and inform you about the court procedure.

Things to Consider

The above is the complete process of successfully demanding and obtaining your bicycle accident compensation claim. However, there are certain other things you need to concentrate on to maximize your benefit and avoid unnecessary deductions.

Time Limit

All the above steps are necessary to get a fair share of your compensation claim. However, it doesn’t allow you an indefinite time to gather evidence. You should consult an attorney to know the time allowed to file a lawsuit in your state and how to file a bicycle accident claim. Failing to do that may deprive you of any compensation.

Don’t Claim False Incidents

Claiming your compensation needs a true record of all incidents. Mixing partially false claims can reduce your value for any claim.

Know your Insurance Coverage

Do not include claims for damages not included in your insurance plan. It will only waste your time and may even reduce the value of your claim.

FAQ

Hello, What Can We Help You Find?

Are you looking for something? We are here to assist you. These are the questions
asked by our customers tell us yours.

Can I seek compensation if the accident happened partially due to my fault?

It depends on the percentage of your responsibility in the accident. In some states, you cannot get any refund if you are responsible for 50% or more of the incident. If your fault is less than 50%, you can expect compensation according to your responsibility.

When should I consult a lawyer after an accident?

You should seek legal guidance from a bicycle accident lawyer soon after the accident to protect your rights. Contacting the insurance company or any other party without consulting an attorney can create legal issues during the process.

What should I do after a bicycle accident?

The first step after a bicycle accident is to seek medical treatment for your wounds. You should also collect evidence of the accident, your medical report, and other proof to strengthen your case against the insurance firm.

Can I only claim economic damages after a bicycle accident?

Financial damages are not the only expenses you can claim in your lawsuit. You can also demand physical, mental, emotional, and other suffering after providing bicycle accident claim evidence. It usually depends on the terms and conditions of your agreement with the insurance company.