What Insurance Covers Bicycle Accidents in Illinois?

If you’re a cyclist who has been injured by a negligent driver, dealing with insurance companies is likely one of the last things you want to worry about as you recover.

But knowing what insurance policies cover the damage and your injuries is important to recovering compensation.

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Types of Insurance That Covers Bicycle Accidents

Several insurance policies pay settlements for bicycle accidents, depending on the specific circumstances of the crash. We’ve summarized the common coverages below.

Car Insurance

Car insurance is often the primary source of coverage after a bicycle accident with a motor vehicle.

In these situations:

The at-fault driver’s liability coverage should take care of your medical expenses, lost wages, and other damages.
Your personal UM/UIM coverage can help fill the gap if the driver is uninsured or underinsured.
In hit-and-run accidents, UM coverage may be your best option for recovery.

Health Insurance Policies

Additionally, your health insurance will likely be the first line of defense in covering your medical expenses after a bicycle accident, even when car insurance is available.

Here’s what you should know:

Your health insurance will pay for your medical treatment, subject to your policy’s deductibles, copays, and coinsurance.
Should you receive compensation from car insurance or another source, your health insurance provider may seek reimbursement for the expenses they cover.
You may recover out-of-pocket costs, such as deductibles and copays, through a personal injury claim against the at-fault party.

Homeowners or Renters Insurance

While less common, homeowner’s or renter’s insurance may come into play in particular bicycle accident scenarios.

Personal liability coverage applies if an accident occurs on your property or a land hazard or defect causes it. Some personal property coverage or optional policies will also pay for the damage to your bicycle.

Remember that homeowners’ and renters’ insurance policies often have exclusions and limitations, so you must review your policy carefully before filing a claim.

How Coordinating Health Insurance and Car Insurance Works

When a bike accident involves a motor vehicle, your health insurance and the at-fault driver’s car insurance adjusters may work together to take care of your immediate medical expenses.

Here’s what you need to know about the coordination of benefits and how it can impact your out-of-pocket costs:

Health Insurance is Your First Line of Defense

Your health insurance usually pays your initial medical expenses, such as emergency room visits, hospitalizations, and treatments related to the bicycle accident.

However, until you reach your policy’s out-of-pocket maximum, you may still be responsible for out-of-pocket costs, like:

Deductibles
Copays
Coinsurance

When Health Insurance Seeks Reimbursement

After paying for your medical bills, your health insurance company may seek reimbursement through a process called subrogation.

Subrogation allows your insurer to recover the money they paid for your medical care from the at-fault party’s car insurance.

If you receive a settlement from the at-fault driver’s insurance, your health insurer may claim a portion of that settlement to cover their expenses.

What Cyclists Should Expect in Out-of-Pocket Costs

Even with health insurance coverage, you may still face out-of-pocket costs for your medical treatment.

These costs can include deductibles, copays, and coinsurance, which can add up quickly depending on the severity of your injuries.

You may need to rely on other UM policies or legal remedies to recover these remaining expenses, lost wages, and pain and suffering damages.

Factors Affecting Insurance Coverage for Bicycle Accidents

The factors or circumstances listed below may influence insurance settlements for bicycle accidents.

Fault Determination

In Illinois, the party at fault for the accident is generally responsible for the damages. However, Illinois follows “modified comparative negligence” rules, meaning that if an insurance company finds you more than 51% at fault, it may reject your compensation claim.

Policy Limits and Deductibles

The amount of coverage available depends on the individual policy limits and any applicable deductibles.

Exclusions and Restrictions

Some insurance policies may have exclusions or restrictions that limit coverage for bicycle accidents.

State Laws and Regulations

Illinois has specific laws and complex regulations that can impact insurance coverage and the claims process.

Steps to Take After a Bicycle Accident

Taking the proper steps after a bicycle crash helps your claim and leads to a more favorable settlement.

Seek medical attention: Even if you don’t think you’re seriously injured, getting a medical evaluation to document any injuries and begin treatment is important.
Gather evidence and documentation: Collect contact information from witnesses, take photos of the scene and your injuries, and keep records of all medical treatment and expenses.
Notify relevant insurance companies: Contact your own insurance providers and, if applicable, the at-fault party’s insurance company to report the accident.
Consult with a bicycle accident attorney: An experienced Central Illinois personal injury attorney can help you file multiple insurance claims, protect your rights, and fight for a fair settlement.

Why Working with a Bicycle Accident Lawyer Matters

Dealing with insurance companies after a bicycle accident is sometimes frustrating, especially when trying to get back on your feet.

A skilled bicycle accident lawyer can:

Work the complex insurance claims process for you.
Fight for a payout that compensates all your injuries and future losses.
Represent your interests in negotiations with insurance companies or court, if necessary.
Bring experience and knowledge about bicycle accident litigation and Illinois’ thousand-page insurance code.

A personal injury law firm will also assess the strength of your case and develop a strategy to counter the expected lowball settlement offers the at-fault driver’s insurance company will make.

Get the Help You Need After a Bicycle Accident

Our attorneys at Onward Injury Law help injured Illinois cyclists fight for the money needed to get back on their feet. If you have been injured in a bike accident in Central Illinois, our team can review your situation, answer your questions, and help you confidently move forward.

But you must act quickly to protect your rights. Schedule a free consultation with us today to discuss your case and learn more about your options.

Author Bio

Joshua Rohrscheib is the Owner of Onward Injury Law, a Central Illinois personal injury law firm. With more than 17 years of experience in injury law, he is dedicated to representing clients in a wide range of legal matters, including car accidents, trucking accidents, construction accidents, medical malpractice, nursing home abuse, and other personal injury cases.

Josh received his Juris Doctor from the University of Illinois College of Law and is a member of the Illinois State Bar Association. He has received numerous accolades for his work, including being named among the “Top 40 Under 40” in 2019 by The National Trial Lawyers and a “Rising Star” in 2019 by Super Lawyers.

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