Your Rights After a Hit-and-Run Bicycle Accident

South Carolina is a notoriously unsafe state for bicyclists, and the numbers don’t lie. Each year, approximately 500 bicycle accidents occur in South Carolina. Although only a mere 2% of motor vehicle crashes involve bicyclists, few bicyclists leave the scene unharmed or with just minor injuries.

If you were hit by a driver who fled the scene, you may think that you are out of luck in recovering compensation if the driver is never found. However, you are well within your rights to seek damages, even if the fleeing driver is never identified.

Being the victim of a hit-and-run is no excuse for you to endure financial hardship. At John Price Law, our Charleston, SC, hit-and-run accident lawyers have helped thousands of bicyclists recover the damages that they rightfully deserve.

Seek Medical Attention

Following a hit-and-run bicycle accident, your first order of business should be seeking medical care. If your injuries are readily apparent, call 911. They will dispatch emergency personnel to assess your injuries and take you to the hospital. If you hit your head, are disoriented, have a headache, feel nauseous or dizzy, or are having trouble breathing, a 911 call is most certainly warranted.

While seeking medical attention may save your life, it can also prevent you from having issues with insurance. If you wait to seek medical care, the insurance company may question whether your injuries are related to your bicycle accident or due to another cause.

Call The Police

South Carolina law mandates that you call the police if there are any injuries, fatalities, more than $1,000 in property damage, and if the other driver flees the scene of the accident (among other scenarios). A hit-and-run accident always requires a call to the police. The officer who arrives on the scene will take a detailed report and initiate an investigation to locate the missing driver.

Filing an Insurance Claim

In the event of a fleeing driver, South Carolina allows bicyclists (and other motor vehicle drivers) to file a claim through their auto insurance. There are a couple of ways that you can be compensated for your injuries, depending on the types of insurance coverage you have on your policy. Let us discuss your options.

Following a hit-and-run accident in South Carolina, you can file an uninsured motorist claim. Known as UM coverage, all drivers are required to protect themselves in the event that they are hit by an uninsured driver or a driver who flees the scene. UM coverage limits are the same as the state’s minimum liability insurance limits, which are $25,000 bodily injury per person, $50,000 bodily injury per accident, and $25,000 for property damage per accident.

Another option is to file through your personal injury protection (PIP) insurance. PIP is optional insurance that will cover medical expenses and, in many cases, lost wages incurred due to your accident. Some providers offer MedPay as an alternative, which will only cover accident-related medical expenses. Both PIP and MedPay limits will depend on the type of policy purchased, with MedPay coverage limits typically ranging from $1,000 to $10,000.

Pain and Suffering Damages

Suppose your bicycle accident resulted in substantial non-economic damages, including post-traumatic stress disorder (PTSD), infliction of emotional distress, or impaired relationships with family and friends (known as “loss of society and companionship”). In that case, it may be in your best interest to file a personal injury suit. However, under state law, you only have three years to bring your case to court.

By filing a lawsuit, you have a chance of recovering the entirety of these non-economic, or non-financial, losses. If you are unsure if you should pursue legal action, our Charleston, SC, hit-and-run accident attorneys will provide their advice on what would work best in your situation.

Seek Guidance From Our Experienced Charleston, SC, Hit-and-Run Attorneys Today

Being hit while riding your bike can result in financial losses and psychological trauma. If you have been struck by a motor vehicle driver who fled the scene, there is no reason to bear the brunt of medical costs and lost wages on your own. At John Price Law, our Charleston, SC, hit-and-run lawyers have assisted numerous plaintiffs in recovering the fullest extent of damages and are ready to go to work for you. To arrange your free consultation, our office can be reached online or by phone at (843) 552-6011.