Case Type

Bicyclists injured by a motor vehicle have three claims.  Property damage, No-fautl/PIP benefits and bodily injury.  

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Property damage:

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The at-fault driver is responsible to pay for the reasonable cost of the repair of your bicycle.  You have the right to pick the shop that does the repair.  If your bycycle is "totaled" the at-fault driver must pay the "reasonable value" of the bicycle in its condition right before the accident.  "Totaled" means the cost of the repair exceeds the value of the bike once repaired.  The "reasonable value" is derived by comparing similar make, model and year bikes selling in your area. There is no set value to a used bicycle and there is no chart or book we use.  

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If you have a "custom" bicycle the evaluation can be very difficult.  Most insurance companies assign garage sale value to your bike.  You may need to request a specialized adjuster to get fair value.  

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When assessing the amount you will recover for your property damage, the rules of "comparative fault" apply.  Under comparative fault, both parties can be assigned fault for the accident.  You must be "not greater than" at fault compared to the other driver to make a recovery and your recovery will be reduced by your percentage of fault.  This means if the other driver is 75% at fault and you are 25% at fault, the insurance will only pay 75% of your damage.  

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No-fault/PIP benefits.

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If you are injured by a motor vehicle car insurance will offer personal injury protection (PIP) benefits.  These benefits are generally paid by your own car insurance regardless of who caused the accident.   If the bicyclists does not have car insurance of their own, they may be entitled to PIP benefits from the vehicle that hit them.  Every policy of car insurance issued in Minnesota must include: 

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1. $20,000.00 in medical expenses coverage.  The car insurance will pay reasonable and necessary medical expenses related to the accident.  

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2. $20,000.00 in wage loss coverage.  The car insurance will pay loss of wages if your doctor indicates you can not work because of your injuries.  The car insurance will pay 85% of your average weekly wage up to $500.00 per week.

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3. Mileage to and from covered medical treatment.  

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4. Replacement services.  The car insurance will pay for the reasonable value of having someone else preform your         regular household chores if your doctor indicates you can not perform them because of your injuries.  The car insurance will pay up to $200.00 per week.  

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5. Retraining.  The car insurance may pay for the cost of vocational retraining if your medical doctor indicates you can no longer conduct your present profession because of your injuries.

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6.  Other miscellaneous benefits.

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Bodily Injury.

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If you are injured by the fault of someone else, you maybe entitled to additional compensation.  This claim is generally referred to as "pain and suffering."  Under Minnesota law it is not automatic that you qualify for this claim just for being injured.  To qualify you must prove one of the following "tort thresholds."

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1.  $4,000.00 in medical treatment bills;

2. 60 days disability;

3. "Permanent" injury;

4. "Permanent" disfigurement;

5. Death.

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Each criteria has a very specific legal definition and is not based on plan language.  For example, not all medical bills count toward the $4,000.00 requirement in number one.  An experienced injury attorney can help determine if you quality.

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When assessing how much of your damages you can recover, the rules of "comparative fault" apply.  See above definition.  In bicycle accidents, comparative fault is a favorite defense for insurance companies.  Bicyclists must follow the same rules of the road as cars.  Many cities also have local ordinances regarding riding on the side walk in business districts.   If the insurance company raises a comparative fault argument that you disagree with, an experience injury attorney can help assess the validity of their claim.  

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Once you qualify for a bodily injury claim, the value of the claim is based upon the total affect of the accident on your life. The main factors are the type of injury, the type of medical care needed to recover, the affect of the injury on your job and daily activities, and any long term affects.  There is no formula or chart.  Each case is unique becasue each person is unique.  An experienced injury attorney has the ability to fully evaluate your specific case based upon years of experience.  If you wish to pursue a bodily injury claim please call for a free legal consultation.