Exploring How Bike Injury Claim Is Calculated And The Factors Affecting It

May 9, 2023

Alpharetta has a vibrant Southern culture offering exceptional quality of life.

City residents often bike around for leisure or simply to avoid traffic while getting around the area. Moreover, several trails wind around the city, attracting riders from all over the state. One is likely to run into events at Town Green that promote biking in one way or another.

Accidents are bound to happen because riders must weave through city traffic and infrastructure. While unpleasant to think about, every rider should understand what to do after a bike accident in Alpharetta. Given that non-engine riders are even less protected and many times don’t wear any protection, the outcome of accidents could be brutal or even fatal. A bicycle is also much less visible than a motor vehicle. This exposes the rider to additional personal injury risks. Moreover, Georgia is a modified comparative fault state, which means a cyclist must be less than 50% at fault for the accident to recover any damages. 

Given the complexities of cases, consider hiring experienced bicycle accident lawyers in Alpharetta, GA, to improve the chances of receiving compensation for a bicycle accident.

How Bike Injury Claim Is Calculated

The amount of a bike injury claim is calculated based on several factors, including the level of fault, the severity of the injuries incurred, the cost of treatment, the cost of possible future surgeries, and the type of insurance coverage you and the other driver holds. 

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1. Clarifying Fault

A bicycle accident may have a one-sided (clear) or comparative fault from both parties involved. If the opposing counsel can prove that the cyclist was 25 percent at fault, the claim would be reduced by that percentage. So, you need to follow the traffic rules to the letter, as any level of fault on your side has real-life consequences.

2. The Severity of Injuries

The severity of your injury is one of the most significant factors in determining the compensation amount. How long the treatment will take, the level of treatment required, and whether there will be any limitation on your activities in the future all affect the claim amount. In the case of a knee injury, the victim may have surgery. But suppose the doctor determines that the injury has affected the joint surfaces and may lead to post-traumatic arthritis. In that case, this may open up a whole panorama of treatment options, including total knee replacement. 

3. The Cost of Treatment

A hospital stay can be costly if you suffer a serious injury. Depending on the policy, your health insurance (PIP, Medicare, or private insurance) may only cover a small percentage of the hospital bill. While the total medical bills are benchmarked on the extent of treatment received, the actual amount paid by the insurance is the real value driver of a bike injury claim, not the billed amount. 

Insurance companies typically use the paid or lien amount to determine your claim. With the help of a personal injury attorney, you can significantly reduce the paid or lien amount owed to your health insurance company or Medicare, resulting in a higher net in your account.

4. Costs of Possible Future Surgery 

If your doctor suggests that you’ll likely need surgery due to the bike accident, the insurance company should add value to your claim on top of the actual cost of your recent surgery. But if the surgery is necessary now, it’s best to get it done and settle the claim later.

5. The Type of Insurance You Have

If you get involved in a bicycle accident, you want to know the driver or vehicle owner’s insurance policy. What’s the insurance company’s name, and how much liability insurance do they provide? If the value of your claim exceeds the amount covered by the defendant’s insurance, you may have to look to your uninsured/underinsured motorist coverage. This is the only way to settle the full value of your claim. 

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