A frightening bike collision on a California boulevard can leave riders with broken bones, skin damage, and even brain trauma. Unfortunately, financial difficulties can follow too. Victims will usually be forced to put off bill collectors until they can earn compensation from a careless driver’s car insurance provider.
But if a car insurer decides to try to save money and reject a victim’s claim, the rider may suddenly face a mountain of hospital bills and be unable to work to earn a paycheck to pay down the debt.
Victims have a few options after the rejection of their injury claims. They can file an appeal with the insurer. They can sue the car insurance company. They may also get help by reporting the unfair decision to the California Department of Insurance (CDI).
Taking Quick Action After Having a Bicycle Accident Claim Rejected
Bicyclists hurt in car accidents may be counting on compensation to pay doctors what they are owed. Victims may need to catch up on mortgage payments and credit card bills after falling behind while they’ve been unable to work.
That all goes out the window if an insurer suddenly gets stingy and tries to deny a claim. They can justify this by trying to pin the blame for an accident on the rider. They may even raise questions about the victim’s injuries.
These are just a few of the reasons an insurance company may give in a rejection letter to a bicycle accident victim:
- A driver simply refuses to accept fault
- Disputed blame when insurers try to imply a rider ignored traffic signals or was reckless
- Claiming a rider’s injuries were pre-existing and that the most recent accident didn’t cause them
- Insufficient evidence provided
- Blaming the rider for not having a helmet on, even though that has nothing to do with fault
- Insurance policy conditions in the fine print are used as an excuse to reject a claim
- Missing deadlines
A skilled California bicycle accident attorney can turn these excuses back around on the insurance company. A lawyer working on your second chance at compensation would fully investigate what happened and collect evidence to add to the documents and photos you’d already submitted. Your lawyer could add witness testimony, surveillance video (in some cases), and accident reconstruction data.
Options for California Cyclists After a Bicycle Accident Claim Has Been Rejected
Insurance Appeal: Bicycle accident victims who had their claims rejected can try an appeal with the insurer. An auto insurance company will have an appeals process. It starts after you (or your lawyer) send a formal letter questioning the decision to decline your claim. Then a new adjuster would be assigned to your case. You might get the same results if you handle your own case again and present the same evidence. But having a lawyer this time can greatly increase your chances of holding an insurer accountable.
Help from the Department of Insurance: A complaint filed with the California Department of Insurance (CDI) can leave an insurer facing penalties. A ruling from the CDI could also force the insurer to pay you for your damages. However, the response can be slow when going through a giant government entity. Administrators may also decide that your case was handled correctly. A lawyer assists you in communicating what happened and the hardships you’ve lived through.
Filing a Lawsuit After a Bike Accident: Bicycle accident victims who have support blocked by an unfair car accident insurer can simply sue the insurer. A trial would let a judge, and sometimes a jury, decide who was at fault and who should pay. A coming trial can give hope to victims that they’ll find justice. It can also lead to a more cooperative insurance company. The threat of a court date can make insurers work harder to propose a fair settlement to you. They want to avoid standing before a judge because a trial will be costly and it can damage the company’s reputation. It’s wise to have a lawyer who can handle complex court filings and represent you against an insurer’s corporate lawyers.
How Do I Determine If I Need a California Accident Lawyer?
If you are seriously injured in a bicycle accident that was a careless driver’s fault, you should speak to a California bicycle accident lawyer as soon as possible. If you’ve already filed an injury claim and been rejected, it’s also a good time to discuss your case with a lawyer.
If your case was originally thrown out, don’t give up hope! Maison Law offers a free case consultation to all victims, so they can be aware of what their injuries are worth and what they should demand from an insurer.
There’s no obligation, but if you need our help to hold an insurance company liable, you won’t need any money. There are no up-front costs to hire our lawyers. We also don’t get paid if we don’t win your case or appeal. If we win, our fee comes out of the settlement check that an insurer must write for you.
