From a Legal Perspective: What happens if you are struck by a car while riding a bicycle?


Attorney Daniel VillalobosAuthor: Attorney Daniel Villalobos

The question most people have on their minds when they get into an accident is “Who is going to pay for all of this”? Although the question is short and simple, the answer is long and complicated. This article will explain one small aspect of this issue. This article will explain only what happens when a pedestrian is struck by a vehicle while riding a bicycle. Florida is known as a “no fault” state. What this means is that no matter who is at fault in an accident, if you are in an automobile accident, the victim must first use their own car insurance to cover 80% of all medical bills under $10,000 ($2,500 if there is no medical emergency medical condition). This is known as Personal Injury Protection coverage (a.k.a. PIP) So if a pedestrian is struck on a bicycle by a car, the pedestrian must use his or her own car insurance to pay for any medical bills under the PIP limits as long as medical care is sought within 14 days of the accident. If medical care is sought after 14 days of the accident then the pedestrian’s PIP insurance would not apply and the defendant’s insurance company (if the defendant is found to be at fault) would pay for the medical bills up to the policy limits of the defendants insurance company. Let’s see two examples:

Example 1
P is a pedestrian struck by a vehicle driven by D and suffers an emergency medical condition. P seeks medical care within 14 days of the accident. Therefore A’s PIP coverage on his own car insurance will pay the medical bills at 80% up to $10,000.

Example 2
P is a pedestrian struck by a vehicle driven by D. P seeks medical care after 14 days of the accident. If D has auto insurance, is found to be at fault, and has sufficient coverage under the policy, D’s insurance will pay for all medical care.

The next question people may have is who’s insurance will pay if the pedestrian riding the bicycle is struck by a vehicle and the pedestrian does not own a car? Here the law is different. If a pedestrian is struck by a car, and does not own a car, nor have a car registered in his or her name, then the pedestrian must use the automobile insurance for any relatives living in the household of the pedestrian as long as medical care is sought within 14 days of the accident. If medical care is sought after 14 days of the accident, then the pedestrian’s relative’s insurance would not apply and the defendant’s insurance company (if the defendant is found to be at fault) would pay for the medical bills up to the policy limits of the defendant’s insurance company. Let’s see two examples:

Example 1
P is a pedestrian struck by a vehicle driven by D and suffers an emergency medical condition. P does not own a car but lives with his mother who owns a car. P seeks medical within 14 days of the accident. P’s mother’s automobile insurance will pay the medical bills at 80% up to $10,000.

Example 2
P is a pedestrian struck by a vehicle driven by D. P seeks medical care after 14 days of the accident. If D has auto insurance, is found to be at fault, and has sufficient coverage under the policy, D’s insurance will pay for all medical care. P’s mother’s insurance would not apply in this scenario.

The next question people may have is who’s insurance will pay if the pedestrian riding the bicycle is struck by a vehicle and the pedestrian does not own a car and does not live with any resident relatives who own cars. In this limited instance, if the pedestrian seeks medical care within 14 days of the accident, the defendant’s insurance will pay the PIP benefits on behalf of the pedestrian. See below for an example:

Example 1
P is struck by a vehicle driven by D and suffers an emergency medical condition. P does not own a car and lives alone. P seeks medical care immediately after the accident. D’s insurance will afford PIP benefits to P up to the coverage limits of $10,000.

The contents of this article are not to be construed as legal advice. Please be aware that the laws regarding PIP can change at any time and may have changed since the writing of this article. Contact our firm for a summary of the current law at the time of the accident. We do not charge a fee or costs unless we recover money for you.



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