Bike Hit My Car: Now What?
Most of the time, when we think about an accident between a bicycle and a car, we question whether or not the driver of the car has insurance to cover the damage done to the bike or cyclist. But what if you are the driver of the car and the accident was the fault of the cyclist? Who will pay for the damage that was done to your car? No one wants to ask, “What can I do if a bike hit my car?” Unfortunately, many people find themselves in this situation.
Massachusetts Bike Law
For those cyclists who plan to be out on the streets of the Commonwealth of Massachusetts, there are certain things that you must do in order to remain within the law. MassBike explains both the rights and responsibilities of a cyclist. Of course, all traffic laws must be adhered to. Hand signals must be used unless it would endanger the cyclist to do so. Reflectors are required at night, and police must be notified if you are involved in an accident that involved personal injury or damage to property that is over $100.
The law provides a few other expectations for cyclists within Massachusetts, and many things that a cyclist is not allowed to do. If a cyclist has not followed these laws and caused an accident involving your car, can you recover damages? For those who are asking who themselves, “Who pays if a bike hit my car?” I have a few answers to help.
Will Insurance Cover Bicycle Accidents with Cars?
If you come in as a client with damages to your car from a bicycle accident, I can advise you according to the laws. There are many facts that work both in your favor and against it when your complaint involves bicycle accidents with cars.
- Cyclists often cannot pay out of pocket. – An accident with a bicycle can involve intensive damage to your car’s paint job, as well as body damages from dents in the body of the vehicle. Often, the damages cost far more than the average cyclist can pay out of pocket.
- A cyclist’s car insurance will not cover the damages to your vehicle. – The vehicle insurance that a cyclist may have does not cover bicycle accidents in which the cyclist was riding his or her bike. Car insurance only pays for damages incurred while the person is driving his or her car.
- A cyclist’s homeowner’s or renter’s insurance might cover the damages. – Damages to your car in a bicycle accident with cars might be covered by the cyclist’s homeowner’s insurance. These policies usually cover compensatory damages only, which means that you can receive the actual costs to you, including your lost wages, medical bills, and damages to your vehicle.
- Your insurance may still pay. – Under Massachusetts law, when a cyclist hits your car, even if it is completely his or her fault, your insurance will pay part of his medical bills if he is injured.
How to Seek the Compensation You Deserve
A bicycle is considered a vehicle under the law of Massachusetts, and therefore a cyclist must adhere to the rules of the road. Yet, the third most frequent cause of bicycle accidents with cars at intersections is that a cyclist failed to yield. If a cyclist does not follow the right-of-way and causes an accident, you may be asking, “Can I seek damages if a bike hit my car?” The answer is, “Yes.” If a driver is injured or a car is damaged due to the fault of a cyclist, then the cyclist may be found at fault, and thus will be responsible. If you have suffered damages due to a cyclist failure to heed traffic laws, an attorney can advise you on the next steps to take in order to file a claim.
Content Updated: Originally published October 24, 2019