Bicycle Accidents and Your Rights

Bicycle accidents like this one that occurred in Dickinson Township, Cumberland County, earlier this morning, present some unique insurance issues.

Under Pennsylvania law, your personal automobile insurance policy is required to pay for medical bills you incur as a result of such a crash.  Often times, consumers cannot understand why their automobile insurance should be responsible for anything since their vehicle(s) had nothing whatsoever to do with the situation. 

The answer is that Pennsylvania is a modified no fault insurance state.  It may not make a lot of common sense, but under our laws, if you are injured an incident “arising out of the maintenance or use of a motor vehicle,” your personal automobile insurer – regardless of who is at fault in the collision and regardless of whether your vehicle was involved – is responsible to pay for your medical treatment.

The good news is the law also forbids insurance carriers from raising your premiums if you are not the cause of the accident.  So, even though your automobile insurance company is required to pay your medical bills, they CANNOT RAISE YOUR RATES if you were not at fault for the crash.

In addition, in 2007, our Supreme Court held that all pedestrians, including bicyclists, are deemed to be Full Tort insureds.  This is true even if you have selected Limited Tort coverage on your automobile policy.  Essentially, Limited Tort coverage prevents you from recovering for pain and suffering caused by a negligent driver.

In short, accidents involving bicyclists present a myriad of unique issues.  Pennsylvania auto accident lawyers can provide YOU with legal representation and guide you through the insurance claims process.