When a bike rider in the Rochester area is struck by a car, it is not unusual for the bicyclist to suffer serious personal injury.
If the bicyclist had been in a car instead of riding a bike, the initial medical bills would be paid by the auto insurance for the car in which he or she was riding.
This is a requirement of all auto insurance policies because New York State believes that injured people should receive needed medical treatment without having to prove who caused the accident or sue the other driver.
Obviously, injured bicyclists have the same concerns regarding medical treatment.
Because the bicyclist was not in a motor vehicle, however, his or her own car insurance usually will not be responsible for making medical payments.
Instead, the insurance for the car that injured the bicyclist is required to pay for all initial medical payments and, if necessary, lost wages.
These initial payments may total up to $50,000. This requirement is often helpful to a bike rider pursuing a personal injury claim because outstanding medical bills or a lack of income is less likely to influence the injured bicyclist’s decisions when pursuing a claim for damages.
It is important that any bicyclist struck by a car understand that while these payments are being made by the driver’s car insurance, their payment is a separate issue from any claim for personal injury that the bicyclist may pursue against the driver.
While the insurer may pay for initial medical treatment, to successfully pursue a personal injury claim the bicyclist still must establish that as a result of the driver’s negligence, he or she suffered an injury severe enough to qualify as a serious injury under New York State law.
Any bicyclist injured by a negligent driver needs an experienced personal injury lawyer who understands their rights.
If you were injured by a car, call us at 716-542-5444 for legal help.