Because of the COVID-19 pandemic, many people are opting to ride their bikes more as it is a safer mode of transportation. In 2020 alone, cyclists logged 8.1 billion miles!
Even though cycling is a safer option because of the pandemic, bicycle accidents do occur. If you’ve recently been in an incident, it is important to know how to file a bicycle injury claim. Read our guide to find out.
Go to the Doctor
Before you file an injury claim after a bicycle accident, you need to visit your doctor. Go wherever you can get in on the same day of the accident.
This is an essential step to gaining compensation from a bicycle accident claim because damages are awarded based on injuries suffered. Only a medical professional can distinguish the extent of your medical injuries.
Later down the line, a doctor’s visit will be used as evidence in your claim.
Review the Statute of Limitations
You have to settle the case before the statute of limitations runs out so now is a good time to review it. Most states allow a year or more from the day of the accident.
The Florida Statute of Limitations states that you have four years from the accident date to file a lawsuit. This means completing all of the necessary steps before time is up.
It may seem like a huge period but the process may take longer than you think so it is best to get started right away.
Your bike injury claim is nothing without evidence. This is why we stress the importance of going to the doctor in the first step.
You can gather evidence such as police reports, accident reports, photographs, and witness statements. Don’t forget to include medical bills and records to fight for your compensation needs.
Speak to an Insurance Company
To file the bicycle accident lawsuit, you must present evidence to the other party’s insurance company. Along with the evidence, you should write a letter with details about the accident, injuries sustained, and damage demands.
In general, an insurance company will have 30 days to respond.
Chances are, you won’t have to settle your bicycle injury case in court. If the insurance company does not respond within the time frame, you must file a claim in court. This is not usually the case.
After the insurance company has received your demands, they may try to negotiate a settlement. More often than not, they will attempt to lowball you instead of providing you with what your claim is worth.
If you are unsure if the settlement is worth your medical expenses and damages, you can fight the settlement or try to negotiate. Before taking a settlement, it is recommended to speak to a personal injury lawyer.
Hiring a Lawyer for Help With a Bicycle Injury Claim
The above steps are the basics of how to file a bicycle injury claim. The process is daunting as it requires a lot of paperwork and legalities.
The best way to handle a bicycle injury claim in Florida is by hiring a lawyer in the area who understands bike laws. With a lawyer by your side, you’ll have a better chance of receiving the compensation you deserve.
Our firm offers a free consultation to go over the details of your case. Contact us now to get started on your bicycle injury claim.