How to File a Bicycle Accident Claim

Bicycling is a popular activity in New Jersey for commuting, exercise, or leisure. However, with increased traffic and occasional negligent drivers, bicycle accidents can happen, leaving victims with injuries, financial burdens, and emotional distress. 

Knowing how to file a claim is crucial to recovering damages if you or a loved one has been involved in a bicycle accident in New Jersey. This guide walks you through the process and provides valuable insights tailored to New Jersey laws.

Step 1: Document the Scene

Immediately after the accident, your safety should be the top priority. Document the scene once you’ve ensured that you’re out of harm’s way and have sought medical attention. Evidence gathered at the accident site can significantly strengthen your claim.

• Take Photographs: Capture images of the accident scene, your bicycle, the vehicle involved, and any visible injuries.
  
• Collect Witness Information: Obtain the names and contact information of any bystanders who witnessed the accident.
  
• Preserve Your Bicycle and Gear: Do not repair or dispose of your bicycle or protective gear. These items can serve as evidence.

Step 2: Call the Police

In New Jersey, reporting an accident involving injuries or significant property damage is required by law. When the police arrive, they will create an official accident report that includes vital details such as:

• Date, time, and location of the accident
• Statements from all parties involved
• Any observed violations of traffic laws

Request a copy of this report, as it will be a critical document in proving fault in a bicycle accident and supporting your claim.

Step 3: Seek Medical Attention

Even if you believe your injuries are minor, seeking medical attention immediately is essential. Many injuries, such as concussions or internal injuries, may not be apparent right away. Visiting a healthcare provider ensures that:

• A medical professional documents your injuries.
• You have a clear record linking your injuries to the accident.

New Jersey’s personal injury protection (PIP) laws may cover some medical expenses. Understanding these laws is crucial for filing your claim correctly.

Step 4: Calculate the Value of Your Bicycle Accident Case

Determining the value of your claim involves evaluating the financial and non-financial damages you’ve incurred. Common damages in bicycle accident claims include:

• Medical Expenses: Current and future medical bills.
• Lost Wages: Income lost due to time off work.
• Property Damage: Cost of repairing or replacing your bicycle.
• Pain and Suffering: Physical and emotional distress resulting from the accident.

A New Jersey personal injury attorney can help assess these damages to ensure you’re not underestimating your claim’s value.

Step 5: File a Claim with the Insurance Company

Filing a claim with the at-fault driver’s insurance company is often the next step. Here’s how to proceed:

1. Notify Your Insurance Provider: If you’re filing with the at-fault party’s insurer, inform your insurance company about the accident.
   
2. Gather Required Documents: Include the police report, medical records, witness statements, and photographs.
   
3. Write a Demand Letter: Clearly outline the details of the accident, the damages incurred, and the amount you’re seeking in compensation. 
   
4. Be Cautious During Communication: Avoid giving recorded statements or signing documents without consulting your attorney.

Steps Included in Filing a Claim

To ensure a successful claim, follow these detailed steps:

• Complete the Insurance Claim Form: Accurately fill out all sections of the form provided by the insurance company.
  
• Submit Supporting Documentation: Attach all relevant documents, including medical bills, repair estimates, and proof of lost income.
  
• Follow Up Regularly: Stay in touch with the insurance adjuster to check on the progress of your claim.
  
• Consider Legal Assistance: If negotiations stall or you’re offered an unfair settlement, consult a Personal Injury Attorney.

Understand New Jersey’s Comparative Negligence Rule

New Jersey follows a comparative negligence rule. Your compensation may be reduced proportionately if you are partially at fault for the accident. For example, if you are found 20% at fault, your total recovery will be reduced by 20%. However, you cannot recover damages if you are more than 50% at fault.

Step 6: File a Lawsuit if Necessary

If the insurance company denies your claim or offers an unfair settlement, filing a lawsuit may be necessary. Remember that New Jersey has a two-year statute of limitations for personal injury cases. Failing to file within this timeframe may forfeit your right to compensation.

Why Choose Rosengard Law Group?

At Rosengard Law Group, we understand the physical, emotional, and financial toll a bicycle accident can take. Our compassionate team of experienced attorneys is dedicated to fighting for justice and securing the compensation you deserve.

Contact Us Today

If you’ve been injured in a motorcycle accident, don’t wait. Call us at (856) 284-6446 to schedule a free consultation.