Pennsylvania is a no-fault car insurance state. The state requires you to carry medical benefits coverage on any vehicle you own, which pays for economic damages after an accident regardless of fault.
If a car hits you while you are on your bike, your auto insurance may pay for damages. However, several factors determine what your options are.
Determining who pays after your bicycle accident
When you have a bike accident involving a vehicle, your first course of action is generally to file with your own car insurance company. If you don’t own a vehicle, you will file with the driver’s insurance, and their liability coverage pays for damages.
Whether you file under your policy or the driver’s, there are limits to what the insurance company pays. Your medical benefits policy covers up to a minimum of $5,000 in medical and rehabilitation bills and lost wages. Bodily injury liability coverage pays for the same damages for up to a minimum of $15,000 for one person’s injuries in a single accident.
Filing a personal injury legal claim
Pennsylvania also requires drivers to select a coverage level that establishes parameters for filing a lawsuit. In many cases, you can file a lawsuit for damages. However, if you have auto insurance and selected the limited tort option, you can only file for economic damages unless you have severe injuries. If you elected the full tort option, you are not limited to monetary damages.
If a motorist was negligent, you might have more than one choice for recovering damages. What is available to you depends on several factors, including your insurance coverage, the driver’s policy and the extent of your injuries.