Hit-and-Run Bicycle Accidents in Pennsylvania: Understanding Your Uninsured Motorist Options

If you were hurt in a hit-and-run bicycle accident in Pennsylvania, you might be facing serious injuries and mounting medical bills. The driver who hit you fled the scene, and now you are left wondering what to do next. We understand the confusion and stress that comes after such a traumatic event.

When a driver hits a cyclist and leaves, it can feel like there is nowhere to turn. You may think that without the at-fault driver's insurance information, you have no way to recover your damages. However, in Pennsylvania, your own insurance policies, or even policies held by family members in your household, might provide the coverage you need through uninsured motorist (UM) benefits. We are here to help you understand your rights and options.

Understanding Hit-and-Run Bicycle Accidents

A hit-and-run accident happens when a driver involved in a crash leaves the scene without stopping to exchange information or offer aid. When this involves a bicyclist, the consequences can be especially severe. Bicyclists have little protection against the impact of a vehicle, leading to significant injuries.

In Pennsylvania, all drivers have a legal duty to remain at the scene of an accident. When they fail to do so, they are breaking the law. For the injured cyclist, this means they are left without crucial information, like the driver's identity and insurance details. This is where uninsured motorist coverage becomes vital.

The Role of Uninsured Motorist (UM) Coverage for Cyclists

Uninsured motorist (UM) coverage is designed to protect you when the at-fault driver either has no insurance or cannot be identified. This second scenario is common in hit-and-run incidents. Many people think UM coverage only applies if they are in their car, but this is not true. UM coverage often extends to you as a pedestrian or a bicyclist.

When a hit-and-run driver cannot be found, your UM policy steps in to provide benefits. These benefits can cover medical expenses, lost wages, and other damages you suffer due to the accident. It is important to know that these benefits are paid by your own insurance company, but they are meant to replace the coverage the hit-and-run driver should have had.

Who is Covered by Your UM Policy?

Your UM policy typically covers you, resident relatives, and anyone driving your insured vehicle with permission. For cyclists, this means if you, as the policyholder, are hit while riding your bicycle, you are covered. If a family member who lives with you and is covered by your policy is hit while cycling, they are also likely covered.

The scope of who is considered a "resident relative" can sometimes be complex. It usually includes spouses, children, and other relatives living in the same household. We can help you review your specific policy language to determine who exactly is covered.

Limited Tort vs. Full Tort and UM Coverage

In Pennsylvania, you chose either "limited tort" or "full tort" when you bought your car insurance. This choice affects your ability to recover certain damages after an accident. If you selected limited tort, you generally cannot recover for pain and suffering unless your injuries meet a certain serious injury threshold. However, for bicycle accidents, the limited tort option has specific exceptions.

Under Pennsylvania law, specifically 75 Pa. C.S. § 1705(d)(3), if you are injured as a pedestrian or bicyclist, your limited tort election usually does not apply. This means that even if you have limited tort on your car insurance policy, you can still pursue full recovery for pain and suffering if you are injured in a hit-and-run bicycle accident. This is a critical protection for cyclists in Pennsylvania.

Understanding the difference between limited and full tort, and how it applies to your unique situation as a bicyclist, is important. We can explain how your specific tort election impacts your claim for damages.

The Claim Process for Hit-and-Run UM Claims

After a hit-and-run bicycle accident, taking certain steps is important to protect your rights and your claim. This process can be confusing, especially when you are recovering from injuries.

1. Seek Medical Attention: Your health is the top priority. See a doctor immediately, even if your injuries do not seem severe at first. Some injuries, like concussions, can worsen over time. Keep records of all your medical appointments, diagnoses, and treatments.
2. Report the Accident: You must report a hit-and-run accident to the police. This creates an official record of the incident. Many UM policies require a police report for a hit-and-run claim to be valid. Try to remember any details about the vehicle or driver, no matter how small.
3. Notify Your Insurance Company: Inform your own insurance company about the accident as soon as possible. Even though the accident was not your fault, you will be making a claim under your UM policy. Be careful what you say to the insurance company. We recommend speaking with us before giving any detailed statements.
4. Gather Evidence: If possible, take photos of the accident scene, your damaged bicycle, and your injuries. Collect contact information from any witnesses.

Your insurance company will investigate the claim. They may ask for medical records, wage loss verification, and details about the accident. We can help you navigate this process and communicate with the insurance adjuster on your behalf.

The Statute of Limitations for Your Claim

There are strict deadlines for filing a lawsuit after an accident in Pennsylvania. This deadline is called the statute of limitations. For most personal injury claims, including those arising from bicycle accidents, you have two years from the date of the injury to file a lawsuit. This rule is found in Pennsylvania law at 42 Pa. C.S. § 5524.

If you miss this two-year deadline, you will likely lose your right to pursue compensation for your injuries. This deadline applies even if you are pursuing a claim under your own UM policy. It is crucial to act quickly to protect your rights. We can help ensure all necessary steps are taken within the legal time limits.

Damages You Can Recover

Through a UM claim, you can seek to recover various types of damages you suffered because of the hit-and-run bicycle accident. These often include:

• Medical Bills: This covers past and future medical treatment, including emergency care, hospital stays, doctor visits, physical therapy, medications, and medical equipment.
• Lost Wages: If your injuries prevent you from working, you can seek to recover the income you lost. This includes both past lost wages and any future earning capacity you may have lost.
• Pain and Suffering: This compensation accounts for the physical pain and emotional distress caused by your injuries.
• Scarring and Disfigurement: If the accident left you with permanent scars or changes to your appearance, you may be compensated for this.
• Loss of Life's Pleasures: This refers to the inability to enjoy activities and hobbies you once did due to your injuries.
• Property Damage: This covers the cost to repair or replace your damaged bicycle and any other personal items.

The specific damages available to you will depend on the facts of your case, the severity of your injuries, and the terms of your UM policy. We work to identify all possible damages and fight for the full compensation you deserve.

What to Do Next

If you have been injured in a hit-and-run bicycle accident in Pennsylvania, your first step after seeking medical care should be to consult with an experienced personal injury attorney. We can review your insurance policies, explain your rights, and help you navigate the complex process of filing a UM claim. Do not delay, as important deadlines apply.

Serving injured Pennsylvanians in: Philadelphia · Pittsburgh · Harrisburg.

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Frequently Asked Questions

What is uninsured motorist (UM) coverage?

Uninsured motorist (UM) coverage is a part of your auto insurance policy that protects you if you are injured by a driver who does not have insurance. It also applies if the at-fault driver leaves the scene of an accident and cannot be identified, such as in a hit-and-run crash. This coverage can help pay for your medical bills, lost wages, and other damages.

Does my car insurance UM policy cover me if I am hit while riding my bicycle?

Yes, in many cases, your car insurance policy's uninsured motorist (UM) coverage will extend to you if you are injured while riding your bicycle. UM coverage often applies to the policyholder and resident relatives, even when they are not in a car. It is designed to cover you as a pedestrian or cyclist in hit-and-run situations where the other driver cannot be found.

What should I do immediately after a hit-and-run bicycle accident?

After a hit-and-run bicycle accident, first seek immediate medical attention for your injuries. Then, report the accident to the police as soon as possible to create an official record. You should also notify your own insurance company about the incident. Collecting any evidence, like witness information or photos, is also helpful.

What is the deadline for filing a lawsuit after a hit-and-run bicycle accident in Pennsylvania?

In Pennsylvania, the general deadline for filing a personal injury lawsuit, including those from bicycle accidents, is two years from the date of the injury. This is known as the statute of limitations, found at 42 Pa. C.S. § 5524. It is critical to act quickly to ensure your claim is filed within this timeframe.

Can I still recover for pain and suffering if I have limited tort insurance?

If you have limited tort insurance, you might still be able to recover for pain and suffering after a hit-and-run bicycle accident. Under Pennsylvania law, specifically 75 Pa. C.S. § 1705(d)(3), the limited tort election typically does not apply if you are injured as a pedestrian or bicyclist. This means you may still be able to pursue full recovery for your damages.

What types of damages can I recover through an uninsured motorist claim?

Through an uninsured motorist (UM) claim, you can typically recover damages for your medical bills, lost wages, and pain and suffering. Other recoverable damages may include scarring and disfigurement, loss of life's pleasures, and property damage to your bicycle. The specific damages depend on your injuries and policy terms.

Serving injured Pennsylvanians in: Philadelphia · Pittsburgh · Harrisburg.