How to File a Bicycle Accident Insurance Claim in Illinois
If you’ve been injured in a bicycle collision in the state of Illinois, you may actually be entitled to compensation for your losses. However, the process of recovering this compensation may look a little different than a traditional vehicle accident claim. Bike accident cases in Illinois can be challenging, but a bicycle accident attorney can certainly help you understand your path to recovering compensation. Here, we want to review the basic steps for filing a bike accident claim so you have an understanding of what the process could look like.
Step 1: Seek Immediate Medical Attention
Your health and safety are the top priority. After a bicycle accident, you may not realize the full extent of your injuries right away. Even if you feel fine, it is essential to see a medical professional as soon as possible to document any potential injuries. This documentation is crucial not only for your health but also for your claim. Medical records will serve as key evidence when pursuing compensation from an insurance company or at-fault party.
Step 2: Report the Accident
In Illinois, you are required to report any accident that results in injury or significant property damage. Call the police and have an officer come to the scene to file a report. This is particularly important for a bicycle accident, as it provides an official record of the event. Make sure to provide an accurate description of what occurred and ask for how to receive a copy of the police report. Having this documentation will help substantiate your insurance claim.
Step 3: Gather Evidence
The more evidence you can collect from the scene of the bike collision, the stronger your personal injury claim will be. Take photographs (using your phone or someone else’s) of the accident scene, your bicycle, and any visible injuries. If there are skid marks, damaged vehicles, or other important details, document those as well. Additionally, if there are any witnesses to the accident, collect their contact information.
Step 4: Notify Your Insurance Company
After a bicycle accident, it is essential to notify your insurance company as soon as possible. Many people assume that only drivers need to file claims with their auto insurance companies, but this is not the case. If you have auto insurance or homeowner’s insurance, those policies may provide coverage for your injuries or property damage.
Be cautious when speaking with the insurance claims adjusters who will reach out, as they may try to get you to admit blame for the incident or minimize your injuries. Do not provide a recorded statement without first consulting an attorney.
Step 5: Determine Liability
In Illinois, liability in a bicycle accident is determined based on fault. The at-fault party’s insurance carrier should be responsible for paying compensation. However, determining fault can be complex, especially in situations where both the cyclist and the driver share responsibility for the accident.
Step 6: Calculate Damages
When filing a bicycle accident claim, you will need to calculate the full extent of your calculable and more unseen losses. This includes not only your current medical costs but also any long-term costs associated with your recovery. Common types of damages you can claim coverage of medical bills, lost current or future wages, property damages losses, and, importantly, compensation for pain and suffering.
Step 7: Negotiating with Insurance Companies
Once you have filed your claim and calculated your damages, the next step is negotiating with the insurance company. Insurance adjusters are trained to initially provide settlement offers that are lower than what you may be entitled to, so it is important to have an attorney on your side during these negotiations.
Step 8: Filing a Lawsuit if Necessary
In many cases, bicycle accident claims are resolved through insurance settlements. However, if the insurance company refuses to offer a fair settlement or disputes liability, you may need to file a lawsuit. In Illinois, you typically have two years from the date of the accident to file a personal injury lawsuit, although this deadline may vary depending on the circumstances.
An experienced attorney can guide you through the litigation process, ensuring that your case is filed correctly and on time. Your lawyer will represent you in court and fight for the compensation you deserve.
Filing a bicycle accident claim in Illinois can be a complicated process, but understanding the steps involved can help make it more manageable. If you or a loved one has been injured in a bicycle accident, the experienced team is here to help. Contact us for a free consultation by filling out our contact form or calling today.