Michigan bicycle accident claims can get complicated quickly. More than one insurance policy may apply. You may qualify for Michigan no-fault benefits for medical expenses, lost wages, and other losses. You may also have a claim against the driver who caused the crash. Before you give a recorded statement, sign insurance paperwork, or accept a settlement, make sure you understand your coverage and the full extent of your injuries.
What Should I Do After a Bicycle Accident in Monroe, Michigan?
The steps you take after a bicycle accident can affect your health and your ability to recover compensation.
Get medical care as soon as possible. Do not assume you are fine just because you do not feel seriously injured right away. Head, neck, back, and soft tissue injuries may take hours or even days to show symptoms.
Report the crash to law enforcement. Get the driver’s name, contact information, insurance information, and license plate number. If you can, take photos or video of the scene, your bicycle, the vehicle, your injuries, traffic signs, road conditions, and the surrounding area.
Get the names and contact information of any witnesses. Their statements can help if the driver and bicyclist give different versions of what happened.
Do not sign a release or accept a settlement before you understand the full extent of your injuries. You should also know what insurance benefits and other compensation may be available before you resolve your claim.
Who Pays Medical Bills After a Bicycle Accident in Michigan?
However, determining which insurer is responsible is more complicated than simply filing a claim with the driver’s insurance company.
Personal Injury Protection Benefits
Personal Injury Protection, commonly called PIP, may provide benefits for medical care, rehabilitation, lost income, replacement services, and certain other losses after a motor vehicle accident.
If the injured bicyclist is covered under a Michigan no-fault policy as a named insured, spouse, or qualifying household relative, that policy may provide PIP benefits.
If an injured bicyclist does not have applicable PIP coverage under Michigan’s insurance priority rules, benefits may instead be available through the Michigan Assigned Claims Plan.
The amount of PIP medical coverage available depends on the applicable policy and the circumstances of the claim. Michigan drivers can select different levels of PIP medical coverage, including unlimited, $500,000, $250,000, certain limited coverage options, or an eligible PIP medical opt-out.
Because the source and amount of available coverage can vary significantly, identifying every potentially applicable insurance policy is an important part of investigating a Michigan bicycle accident claim.
Can I Sue the Driver Who Hit Me While I Was Riding a Bicycle?
Possibly.
Michigan’s no-fault system does not prevent you from filing a personal injury claim against an at-fault driver after a bicycle accident.
You may also have a claim for economic losses that Michigan no-fault benefits do not fully cover.
To pursue a Michigan bicycle accident claim against a negligent driver, you must show that another person or entity caused or contributed to the crash. That may include a driver who:
- failed to yield to a bicyclist
- ran a red light or stop sign
- drove while distracted
- followed too closely
- failed to leave enough space when passing
- turned into the path of a bicyclist
- drove while impaired
- violated another traffic law
More than one party may share responsibility for a bicycle accident. Depending on the facts, that could include the driver’s employer, the vehicle owner, a manufacturer, or a government entity responsible for certain roadway conditions.
A Monroe bicycle accident lawyer can review how the crash happened, identify the parties who may be responsible, and determine what compensation you may be able to pursue under Michigan law.
What Compensation May Be Available After a Michigan Bicycle Accident?
The compensation available after a bicycle accident depends on the severity of the injuries, applicable insurance coverage, fault, and other circumstances surrounding the accident.
Medical Expenses
A serious bicycle accident may require emergency treatment, hospitalization, surgery, rehabilitation, physical therapy, medication, medical equipment, or long-term care.
Michigan PIP benefits may pay qualifying medical expenses, subject to the coverage available in the particular case. Additional claims may be available when losses exceed applicable no-fault benefits or another party is legally responsible.
Lost Income
An injured bicyclist who cannot work may qualify for work loss benefits through Michigan PIP coverage. Michigan law generally provides PIP work loss benefits for income an injured person would have earned during the first three years after the accident, subject to applicable limitations.
A serious injury that affects someone’s ability to work beyond available PIP benefits may also create additional economic losses that need to be evaluated.
Damage to Your Bicycle and Personal Property
Bicycles can cost hundreds or thousands of dollars, and a collision may also damage helmets, clothing, phones, cycling equipment, and other personal property.
The original version of this page incorrectly stated that Michigan drivers are responsible for only $1,000 in property damage. That is not the current rule. Property damage involving a bicycle must be evaluated under Michigan’s applicable property protection and liability rules based on the circumstances of the accident.
Pain and Suffering
A serious bicycle accident can affect far more than a person’s medical bills.
Depending on the injuries and whether Michigan’s legal threshold is met, an injured bicyclist may be able to pursue compensation for pain and suffering, disability, emotional distress, loss of enjoyment of life, and other noneconomic losses.
Common Injuries in Bicycle Accidents
Bicycle accidents can cause serious injuries because cyclists have little protection from the force of a crash. A bicyclist may suffer injuries from the impact of a vehicle, the pavement, or another object at the scene.
Some injuries appear right away. Others may take hours or days to develop. Getting prompt medical care can help protect your health and document your injuries after a Michigan bicycle accident.
Head and Traumatic Brain Injuries
A bicycle crash can cause a concussion, skull fracture, traumatic brain injury, or other head injury. Symptoms may include headaches, dizziness, memory problems, confusion, nausea, or changes in mood or concentration.
Broken Bones and Limb Injuries
Bicyclists often suffer broken bones when a vehicle strikes them or when they hit the ground. Common fractures involve the wrists, arms, shoulders, ribs, hips, legs, and ankles.
Severe injuries may require surgery, rehabilitation, or extended time away from work. In the most serious cases, a bicycle accident can cause permanent loss of function or amputation.
Neck, Back, and Spinal Cord Injuries
A bicycle accident can injure the muscles, discs, vertebrae, nerves, or spinal cord. These injuries may cause pain, weakness, numbness, limited movement, or other long-term problems.
Serious spinal cord injuries can result in permanent disability and significant ongoing medical care.
Facial, Eye, and Dental Injuries
A bicyclist may suffer facial injuries after striking a vehicle, the pavement, or debris. These injuries can include facial fractures, eye injuries, broken or missing teeth, and jaw injuries.
Some facial injuries may require surgery or dental reconstruction and can leave permanent scarring or disfigurement.
Road Rash and Scarring
Road rash occurs when a bicyclist’s skin scrapes across the pavement. These injuries can range from painful abrasions to deep wounds that contain dirt, gravel, or other debris.
Severe road rash can lead to infection, nerve damage, permanent discoloration, or scarring. Some injuries may require wound care, skin grafts, or other medical treatment.
How Long Do I Have to File a Bicycle Accident Claim in Michigan?
Michigan law sets different deadlines for bicycle accident claims.
For most personal injury lawsuits, Michigan gives you three years from the date of the injury to file a claim. This deadline comes from Michigan Compiled Laws § 600.5805.
Michigan no-fault claims can have much shorter deadlines. Under MCL § 500.3145, you generally must give written notice of a PIP claim within one year of the accident unless the insurer has already paid benefits. The law also limits how far back you may recover unpaid PIP benefits.
Other deadlines may apply if a government agency is involved. For example, a claim involving a defective public roadway may require written notice within 120 days under Michigan law.
Do not assume you have three years to take action after a Michigan bicycle accident. Insurance deadlines can come much sooner. Evidence can also disappear, and witnesses may become harder to locate. Talking with a Monroe bicycle accident lawyer early can help protect your claim and identify the deadlines that apply.
How Can Gallon, Takacs & Boissoneault Help After a Bicycle Accident?
Bicycle accident cases in Michigan can involve several different areas of law, including Michigan no-fault insurance, Personal Injury Protection (PIP) benefits, negligence, liability insurance, and claims against an at-fault driver. Determining which insurance company is responsible for medical bills, lost wages, and other accident-related expenses can be complicated, especially when a bicyclist is injured by a motor vehicle.
Our personal injury team can investigate how the bicycle accident happened, identify the driver or other parties who may be responsible, determine which insurance policies and PIP benefits may apply, collect medical records and other evidence, and communicate with the insurance companies involved. We can also evaluate the full impact of your injuries, including medical expenses, lost income, future treatment needs, pain and suffering, and other losses that may be part of a Michigan bicycle accident claim.
If you or a loved one has been injured in a bicycle accident in Monroe or Southeast Michigan, call Gallon, Takacs & Boissoneault at 734-430-3012 or contact us online to schedule a free consultation.
