Crashed your bike in Las Vegas? Wondering if car insurance will cover the damages? The answer isn’t always clear-cut. Nevada’s fault-based system means coverage can depend heavily on who’s at fault. Under Nevada’s modified comparative negligence rule (NRS 41.141), you can still recover as long as your negligence was not greater than the combined negligence of the parties you are suing, and any damages awarded are reduced in proportion to your share of the fault. Whether you were the cyclist or the driver, Jack Bernstein Injury Lawyers can guide you through the claims process and advocate for you with the insurance company.
Understanding Car Insurance and Bicycle Accidents in Nevada
Bike accidents are a harsh reality, especially in bustling cities like Las Vegas, where the roads are shared by cars, bikes, and pedestrians. If you’ve been involved in a bicycle accident, you’re likely wondering if car insurance will cover the damages.
The good news: In many cases, it can.
The bad news: It’s not always a simple answer.
Can Car Insurance Cover a Bicycle Accident?
The short answer is yes, it often can. However, Nevada operates under a “fault” system, meaning the person responsible for the accident (the at-fault party) is typically on the hook for covering the damages.
In a car versus bicycle accident, this could be either the driver or the cyclist.
What If I’m the Driver?
If you were driving the car and are found at fault for the accident, your car insurance policy should step in to help. Specifically, your liability coverage is designed to cover the cyclist’s damages, such as:
- Medical expenses: Hospital bills, surgeries, medication, physical therapy, and other related costs.
- Lost wages: If the cyclist is unable to work due to their injuries, your insurance may cover their lost income.
- Pain and suffering: This includes compensation for the physical pain and emotional distress the cyclist experiences.
- Bicycle repair or replacement: The cost of fixing or replacing the damaged bicycle.
What If I’m the Cyclist?
If the driver caused the accident, their liability insurance should cover your damages. However, what if the driver is uninsured or underinsured? That’s where uninsured/underinsured motorist (UM/UIM) coverage matters. Note where that coverage lives: there is no UM/UIM on a bicycle, it sits on an auto policy, so the policy to look at after a bicycle crash is the one on a car you own, and often the one held by a relative in your household, even though you were riding at the time. NRS 687B.145(2) requires insurance companies transacting motor vehicle insurance in Nevada to offer uninsured and underinsured vehicle coverage in an amount equal to the bodily injury limits sold, so many Nevada drivers either carry it or declined it in writing. Whether a particular policy reaches you while you are on a bicycle depends on that policy’s own terms, so pull the declarations page and have the policy read before you assume there is nothing there.
UM/UIM coverage acts as a safety net, helping pay for your damages if the at-fault driver doesn’t have enough (or any) insurance to cover your losses.
Why You Need a Lawyer Even After a “Minor” Accident
You might think, “It was just a little scrape. I don’t need a lawyer for that.” But even “minor” bicycle accidents can have lasting consequences.
Even Minor Accidents Can Have Major Consequences:
Bicycle accidents often involve:
| Type of Injury | Potential Consequences |
|---|---|
| Road rash and cuts | Infection risk, scarring |
| Broken bones | Surgery, physical therapy, long-term mobility issues |
| Head injuries (even with a helmet) | Concussions, traumatic brain injuries, cognitive difficulties |
| Internal injuries | Bleeding, organ damage, potentially life-threatening situations |
Don’t underestimate the impact. These injuries can lead to:
- Mountains of medical bills
- Missed work and lost income
- Ongoing pain and suffering
- Emotional distress: compensation for emotional and psychological injuries may also be part of your claim.
Insurance Companies Don’t Always Have Your Best Interests in Mind:
Insurance companies are businesses. Their goal is to maximize profits, not pay out claims.
Even if you think you’re in the right, insurance adjusters might try to:
- Shift Blame: They might try to pin some of the blame on you, even if the evidence clearly shows the driver was at fault. Your share of the fault is not just a bargaining position: it reduces what you recover, and it bars recovery entirely if your negligence is found greater than the combined negligence of the parties you are suing.
- Downplay Injuries: They might try to minimize the severity of your injuries to justify a lower settlement offer.
- Delay the Process: They might drag out the claims process, hoping you’ll get frustrated and accept a lowball offer.
When these tactics surface, navigating a denied or disputed claim becomes critical to protecting your rights and pursuing your claim.
Having an experienced attorney on your side can make a world of difference. We can:
- Level the Playing Field: We know the tactics insurance companies use and how to counter them.
- Gather Evidence: We’ll collect medical records, police reports, witness statements, and other evidence to build a strong case on your behalf.
- Negotiate for Fair Compensation: We’ll negotiate with the insurer over your damages, including medical expenses, lost wages, pain and suffering, and more.
- Take Your Case to Court: If necessary, we’ll file a lawsuit and represent you in court to pursue your claim to a resolution.
Don’t let insurance companies bully you into accepting less than you’re owed. With the right legal representation, you can fight for your rights and focus on your recovery.
How Jack Bernstein Injury Lawyers Can Help
When you’re dealing with the aftermath of a bicycle accident, the legal process can feel overwhelming. That’s where our experienced team comes in.
We Fight for Cyclists’ Rights:
At Jack Bernstein Injury Lawyers, we’re passionate about protecting the rights of cyclists in Las Vegas and throughout Nevada. We’ve handled countless bicycle accident cases, and we know how to navigate the complexities of insurance claims and personal injury law.
Our team is dedicated to:
- Investigating Your Accident: We’ll thoroughly examine the accident scene, interview witnesses, and gather all relevant evidence to build a strong case on your behalf.
- Pursuing Your Compensation: We’ll document and pursue any compensation that may be available for your medical expenses, lost wages, pain and suffering, and other damages.
- Providing Personalized Guidance: We’ll be by your side every step of the way, answering your questions, addressing your concerns, and keeping you informed about the progress of your case.
Get a Free Consultation Today:
Have questions about your rights or what to do next? We’re here to help. Schedule a free consultation with our experienced team. There’s no obligation, and we’ll provide honest advice on the best course of action for your specific situation.
Don’t let insurance companies take advantage of you. Contact Jack Bernstein Injury Lawyers today and let us fight for your rights.
Contact Us for a Free Consultation
If you have been injured in an accident, contact Jack Bernstein Injury Lawyers for a free, no obligation consultation with experienced Las Vegas Bike Accident Attorneys. You will gain an advocate for every stage in the claims process as we pursue your claim to a resolution.
Jack Bernstein Injury Lawyers is available to help you handle your injury claim in the Las Vegas metropolitan area and beyond. Jack Bernstein and his team can offer you personalized service and legal representation after an accident.
Call us at (702) 633-3333 or contact us today for a free consultation to discuss your case.