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Cyclists' Insurance Questions
Smart insurance planning will help if you or a loved one are injured in an automobile or bicycle accident. A Seattle law office answers frequently asked questions about insurance coverage for people injured in automobile and bicycle accidents:
Why should I care about my own insurance if a car hits me while I am on my bike?
The person who drives a car into you or your bike might not have insurance. Many people are driving without insurance, causing a high number of automobile accidents. On a bicycle you could easily be their victim. You can protect yourself with your own automobile insurance. Your health plan may not be sufficient (see below).
What insurance can I buy to protect me on my bike?
Your own car insurance will protect you if you have UIM and PIP insurance. These are discussed below. The driver's liability insurance will pay for your injuries, but only to the extent of the amount of coverage the driver happens to carry, if any.
What kind of car insurance coverage is required in Washington?
Washington law requires only liability insurance, which pays for another person's injuries if the driver causes an accident. A driver must have liablity insurance of at least $25,000 per person and $50,000 per accident. The "per accident" limit is the most coverage that is available when two or more persons are injured in the same accident. Insurance companies offer a variety of packages with much higher liability limits and additional coverages which you should seriously consider if you drive a car.
If I am a good driver and never caused an accident, why should I buy more than the minimum?
Buying the highest liability coverage you can afford makes good sense, because the law allows a driver to have only as much uninsured/underinsured ("UIM") coverage as the liability coverage.
If you or a family member were injured by an uninsured driver, you would look to your UIM coverage to pay your losses. However, if you had minimum coverage you would have only $25,000 UIM coverage to pay your medical bills, lost earnings, and other damages. The amount does not go far nowadays. Most people who think about it want higher UIM coverage and to get it, the law requires a like amount of liability coverage.
How do I get my medical bills paid if I am hit by a car?
Generally the insurance company for the other driver who caused your injuries will not pay your medical bills, except in exchange for you signing a final release and accepting a lump sum settlement of all your claims. You can suddenly find yourself in a bind if you do not have ready cash for medical bills, especially if you cannot work because of your injuries.
Auto insurance companies offer "Personal Injury Protection" (PIP) coverage to meet this need. If you buy PIP coverage, your own car insurance company will promptly pay medical bills and wage loss, regardless of whose fault the accident was. Your PIP will cover you if you are injured in a car accident, or if a car strikes you while you are cycling or walking.
If the driver of a car that hits me has PIP coverage, will that help me?
Sometimes. Some insurance policies offer the car driver's PIP benefits to cyclists and pedestrians, but many do not. You should check with your insurance company and confirm in writing that your PIP will cover you as a bicyclist if you are struck by a car and that your company will extend PIP coverage to a bicyclist if you accidentally injure a cyclist with your car.
If I already have a good health insurance plan through my employment, why should I buy PIP coverage too?
Your health insurance may apply only to you and limited family members. Most health plans require deductibles and co-payments. Some plans limit your medical treatment to certain doctors or facilities, and some plans do not pay for some kinds of medical treatment, such as chiropractic care and treatment for emotional trauma. Automobile PIP coverage is intended to pay medical bills in full. It requires no deductibles or co-payments. PIP does not limit your medical treatment to certain doctors or hospitals.
PIP coverage also pays part of your lost earnings due to an automobile accident. The lost earnings compensation usually begins two weeks after the accident and continues for up to a year. Another PIP coverage is for loss of "essential services" while you are injured. This could include expenses for housekeeping, gardening, or child care that you cannot do because of your accident injuries.
If I make a claim against my own insurance company for PIP or UIM benefits, won't my rates go up?
Many people have this concern. Our experience is that if the accident was not your fault, your rates should not increase. You are paying premiums for the coverage and are entitled to use it. In our informal survey of major insurance companies, all said that if the accident was not your fault your rates will not be increased. If your rates increase for any reason, you are entitled by law to a written explanation from your insurance company.
Where can I get the details about my automobile insurance?
Talk to your automobile insurance agent and ask a lot of questions about liability, PIP and UIM coverage for your particular circumstances. Make sure your PIP covers you as a cyclist and you as a driver if you hit a cyclist. Use this article as a checklist.
If I don't have a car, can I get coverage for my injuries or injuries I might cause?
Most homeowners' policies will cover injuries you cause while on a bicycle, but not your own injuries caused by another bicyclist. Your private health insurance should cover your medical bills, but not lost wages, pain and suffering, and disability.
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The information in this web site is all general information. The information is applicable only to the state of Washington, unless otherwise stated. This general information is not legal advice for your particular circumstances. If you have legal questions you should consult your lawyer.