Regardless, the uninsured is still liable even though he/she does not have liability. If bike rider has an available PIP policy, then that PIP should cover the first $2,500-$10,000. Then, you need to see if there is any uninsured/underinsured motorist coverage available to the bike rider. However, I would need more info to determine if there is a viable claim. Please feel free to call me.
My opinion and position stated above is not determinative of your rights, and you are free to seek other legal... more
My opinion and position stated above is not determinative of your rights, and you are free to seek other legal opinions. Should you decide to retain a lawyer, you should do so immediately as a statute of limitations may preclude you from bringing a claim in the future.
If you are unclear about my opinion or you want to discuss this matter further, please feel free to call me at 305-536-3400.
If the patient owns a motor vehicle, then all medical bills must be submitted to their own PIP carrier. In addition, bicyclist can make a claim for his/her injuries to their uninsured motorist carrier.
The at fault driver is ultimately responsible, however, if the bicyclist has their own PIP coverage or is a family member of a household covered by a PIP policy, the PIP coverage will apply. Uninsured motorist coverage may also be available to the bicyclist.
The bicyclist should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing. The Guides can be accessed through my profile page on Avvo.com.
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Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
This ans. does not create an attorney/client relationship.
If the uninsured motorist was negligent in the accident, he or she may be ultimately responsible for the bicyclist's damages. However, if the motorist is uninsured and uncollectable, obtaining compensation for the bicyclist may be difficult or impossible. Like others have said, if the bicyclist has auto insurance he may be able to have his medical bills and lost wages paid through his PIP coverage. If he has uninsured motorist coverage (UM), then he may be entitled to further recovery.
I agree with all of the other answers but would suggest looking to see if the bicyclist did not have his own vehicle and personal insurance, he may be covered if he is named under a policy owned by someone in his household. That would be the first place I would look.