Whether you are a bike commuter or a professional cyclist, you should know your rights under the law when filing an accident claim. This article will explain the type of injuries that can be claimed, the costs involved, and the time limits for filing an accident claim. This article aims to enlighten you on accident claims.
Time Limits for Filing a Claim
If you are in a bicycle accident, you may be wondering whether there is a timeframe to file a claim. There is, but it depends on the state you live in. If you live in another state, you may have a much shorter statute of limitations, as long as the accident was over a year ago.
Regardless of the case, it is essential to seek legal assistance immediately following a bicycle accident. According to Massachusetts Bicycle Coalition (Mass Bike), if you do so in good time, you can maximize your claim and receive the maximum compensation available.
Medical Treatment
If you’ve been injured in a bike accident, you might be able to recover the medical costs from the negligent party. Depending on the severity of your injury, you can ask for compensation for the cost of one doctor visit or emergency surgery, or even long-term medical supervision.
Your bicycle accident settlement should cover these costs. If not, you should seek medical treatment from a primary care physician. Otherwise, you may be better off going to a hospital emergency room.
Insurance Coverage
Bike accidents can be devastating to both drivers and cyclists. While most accidents involve low speeds caused by a driver’s negligence, even bicycle accidents are not without risk. The bike may be inefficient or malfunctioning, leaving a cyclist at the mercy of an oncoming vehicle.
In the case of a bicycle accident involving a motor vehicle, your health insurance policy may cover your medical expenses and repairs. Your homeowners or renters’ insurance may pay for the damages to your bike, as long as the other driver is not at fault.
Liability
While medical bills are easy to prove in a bicycle accident, pain and suffering damages can be more challenging to prove. Pain and suffering damages reflect not only the physical damage caused by accident but also emotional trauma.
According to the Nursing Times, disfigurement or scarring can make it difficult for a person to engage in social situations, and it may even lead to fear of riding a bike. Pain and suffering damages may be recoverable depending on the bicycle accident circumstances.
The road is the responsibility of the government, with some exceptions. As a result, if it is not maintained correctly, a bicycle accident claim may be filed. This process may be complex though, so it is essential to consult with an experienced lawyer.
Road conditions can also contribute, and a broken turn signal or a lack of lighting can indicate inadequate maintenance. The negligent party could be responsible for the accident.
Conclusion
Ultimately, the decision to pursue a bicycle accident claim is your decision. You’ll want to go over all the information we’ve provided here and decide for yourself if this is something you want to do. Ultimately, there is no deadline. If you’re seriously injured, you might need time off work, either paid or unpaid. If you have any questions, don’t hesitate to ask an attorney.
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