As COVID-19 continues to linger and Florida stay at home orders remain in place, many people are leaving their cars in the garage and getting out for fresh air on foot or by bicycle.  This recent increase in activity outdoors could lead to an increase in pedestrian and bicycle accidents, which in turn could lead to an increase in personal injury claims related to same.  This blog outlines the recovery options available to an individual if he or she is injured in a pedestrian accident or bicycle accident.

Similar to individuals who are injured in motor vehicle accidents, the same insurance coverage may come into play for a pedestrian or bicycle accident.

Personal Injury Protection Benefits (PIP)

Florida law requires every driver in the State of Florida to maintain personal injury protection (PIP) insurance coverage.  PIP benefits covers up to 80% of the first $10,000 in medical care and treatment received after a motor vehicle accident.  This coverage travels with you as a bicyclist in Florida.  Therefore, if you are injured in a bicycle accident, your motor vehicle insurance should cover up to 80% of the first $10,000 in medical bills.

Bodily Injury Insurance

If you you are injured as a pedestrian or while riding a bicycle due to motor vehicle being involved, then you may have a claim against the driver (or his/her insurance company) of the vehicle that caused the accident.  This insurance is known as bodily injury insurance.  The coverage means exactly what it is titled; if a driver of a motor vehicle causes an accident, which result in bodily injury, then that driver’s bodily insurance coverage may come into play.  This is true even if you are injured while walking or riding a bicycle so long as the driver of the motor vehicle is at fault for causing the accident.

Underinsured Motorist Insurance  

Underinsured motorist insurance overage is another route in which a pedestrian or bicyclist could recover after an accident as long as the accident involved a motor vehicle.  Underinsured motorist insurance coverage is coverage that is elected when you select your own car insurance.  Similar to personal injury protection benefits, your underinsured motorist coverage travels with you even if you are traveling by foot or by bicycle.  Therefore, if another motor vehicle causes a pedestrian or bicycle accident resulting in injury, coverage may be available to you under your underinsured motorist coverage.

Case Review

We had the pleasure of representing a client who was walking across a cross walk when he was struck by a motor vehicle.  This particular client suffered from a knee injury and ultimately had a surgery to address his acute injury.  The client was able to utilize his PIP benefits for the first 80% of $10,000 in medical bills.  Through legal assistance, he was also able to recover a settlement from the driver of the motor vehicle who had bodily injury insurance coverage.  Due to the bodily injury insurance coverage not being enough to cover our client’s medical bills, we were also able to obtain a settlement from his own car insurance policy – his underinsured motorist coverage.  The total amount received not only covered our client’s incurred medical bills, but also provided compensation for his past and future pain and suffering as a result of the pedestrian accident.

Snedaker Law assists clients who have been injured in pedestrian and bicycle accidents.  If you are injured after a pedestrian or bicycle accident, contact Snedaker Law for a free consultation.