Calculating A Bike Injury Claim
Crashes between motorists and cyclists are almost always serious for the cyclist, even when the collision occurred at a low speed. Often, cyclists are left struggling with severe injuries, some of which end up being permanently disabling. Fortunately, injured cyclists who can prove that a driver was to blame for their crash are often able to recover compensation for their losses. How much they can collect, however, will be dictated by a few different factors, including the parties’ degrees of fault in causing the accident, the severity of the injuries, and the cost of treatment.
How negligent the parties were in causing an accident will play a big part in how much a person can recover after a bicycle accident. Fault may clearly be one-sided, or perhaps both parties contributed to the crash. In the latter case, the injured cyclist’s award would be reduced in proportion to his or her degree of fault, which could have a significant impact on the overall award. If the driver was completely at fault, on the other hand, then the cyclist can expect to collect a larger amount (assuming that he or she can provide proof of negligence).
Perhaps the most important factor in determining compensation (besides fault) is the severity of the cyclist’s injury. How severe an injury is can be established by showing:
- The types of treatment that will be necessary;
- How long it will take to recover; and
- Whether the cyclist will experience any limitations on his or her activities in the future.
Basically, the value of a cyclist’s claim will require an injured party to account for what happened immediately on the day in question, the required treatment after the accident, and the future needs/limitations of the victim.
Cost of Treatment
Most cycling accidents that involve motor vehicles will result in a serious injury. Unfortunately, besides having to undergo the pain and suffering that goes along with an injury, cyclists may also end up having to pay a significant sum in medical bills. While the total amount of medical bills can be viewed as a benchmark of the extent of the treatment received, the real value of a claim will be dictated by the actual amount paid by the insurance. The paid amount is what will have to be satisfied in a settlement or damages award.
Type of Insurance
Another factor that will affect a bike injury claim is the type of insurance policies both the driver and the cyclist have. Is the driver insured? If so, how much liability insurance does he or she have? Alternatively, if the value of a claim ends up exceeding the amount of the driver’s insurance, then the cyclist will need to look to the uninsured/underinsured portion of his or her own policy. The limits of this policy will also affect the value of any subsequent legal claims.
Advice from a Dedicated Maitland Bicycle Accident Attorney