Virginia is one of the few states that does not require drivers to insure their cars and other vehicles. So, what can you do if an uninsured driver hits you while you’re on your bicycle? Or what if you’re hit by a driver who runs off without providing insurance information or identification? Do you have any chance of recovering compensation for your medical bills, suffering, and other losses?
Assistance from an experienced Northern Virginia personal injury attorney can enable you to recover damages, but you need to act with even more haste than usual to collect evidence and start building your case. At Jennifer Porter Law, PLLC, our team of Fairfax bicycle accident lawyers can provide you with the support and guidance necessary to effectively pursue compensation for your injuries – including compensation for bike accidents without a helmet if it applies to your specific situation. We understand the urgency of gathering vital information, including witness statements and medical records, to strengthen your claim. Contact us today at (571) 532-9070 to schedule a consultation and discuss how we can help you.
Hit and Run Bike Accidents are Surprisingly Common
Unfortunately, it is not uncommon for a driver to flee the scene of a bicycle accident without providing information or even checking to see if the victim needs assistance. Some drivers are afraid of the consequences because they’ve been drinking or are driving on a suspended license. Others are too busy and self-important to take the time to stop. They may tell themselves that since there’s no other car involved, it’s no big deal, and the accident doesn’t need to be reported.
Regardless of the reason a driver disappears without providing information, it is essential to take prompt action to locate and preserve evidence that reveals the driver’s identity and proves that they were responsible for the accident and resulting injuries. If the driver realized that they fled the scene of an accident, and many of them do, they may try to take steps to erase evidence. For instance, the accident may have knocked the car’s license plate loose, and the driver will notice and reattach it quickly.
When there are witnesses to the accident, they are often willing to provide testimony in a hit-and-run case because they feel outraged at the conduct of the driver. Sometimes they take extra steps to identify the driver, such as photographing the license plate, taking notes about the vehicle, or even chasing down a driver to get a better look at them.
Leaving the scene of a collision is a crime in Virginia, and it can be penalized severely if the driver causes injuries. For that reason, hit-and-run drivers can be motivated to hide evidence and strenuously deny their involvement. However, evidence from information such as cell phone records, traffic cameras, and witness testimony can be used to prove responsibility for the accident.
Northern Virginia Bicycle Accident Lawyer Jennifer Porter
Jennifer Porter
Jennifer Porter is a seasoned Northern Virginia bicycle accident lawyer with more than 25 years of experience representing injury victims. Having previously worked as house counsel for Progressive Insurance and as defense counsel for several major carriers, Jennifer understands how insurance companies evaluate and defend claims. She now uses that inside knowledge to protect injured cyclists and other accident victims, ensuring they receive the compensation they need for medical care, lost wages, and long-term recovery.
Known for her skill, compassion, and unwavering dedication, Jennifer has successfully handled hundreds of cases ranging from settlement negotiations to jury trials. She has been recognized as a Super Lawyer and holds the prestigious AV Preeminent Peer Review Rating for her legal ability and ethics. Whether you are facing catastrophic injuries or insurance issues, Jennifer provides the informed advocacy and personal attention clients deserve.
What to Do If You Get Hit by a Car on a Bike
Being hit by a car while riding your bike in Northern Virginia can be an overwhelming experience. Taking the right steps immediately after the accident can greatly impact your ability to recover compensation for injuries and damages.
Start by assessing your physical condition and getting medical attention immediately, even if your injuries seem minor. Symptoms of some injuries may not appear right away, and having a medical record from the outset can be crucial for any legal action or insurance claims.
Next, if you’re able, gather evidence from the scene. Take photos of your bicycle, the car, and any relevant road conditions or signage. Collect contact information from the driver and any witnesses, but refrain from discussing fault or reaching any agreements with the driver, as any statements made at the scene could be used against you later. This information will be critical for establishing the details of the accident.
Report the accident to the police as soon as possible. A police report serves as an official record of the incident, which can be crucial when dealing with insurance companies or if you decide to pursue a legal claim.
Make sure to document everything. Maintain detailed records of all medical treatments, receipts for bike repairs or replacements, and any additional expenses incurred as a result of the incident. These documents will be important if you choose to seek compensation.
Additionally, notify your insurance company to report the incident. Even if the driver was at fault, your insurer may cover certain costs initially under your personal injury protection, if applicable.
Lastly, it’s advisable to reach out to a personal injury attorney experienced in handling bicycle accident cases in Northern Virginia. Legal advice can be invaluable, as it can guide you through the process of potentially recovering damages for your injuries, bike repairs, and any lost wages due to the accident.
Following these steps helps protect your rights and lays the groundwork for any necessary legal actions to seek compensation for your losses.
| Step | Purpose / Why It Matters | Tips / Notes |
|---|---|---|
| Seek Medical Attention | Creates a medical record linking your injuries to the accident | Some injuries may not show up immediately, so early evaluation is important |
| Gather Evidence at the Scene | Helps determine how the accident happened and who was at fault | Take photos, get witness contact info, and avoid admitting fault |
| Report to Police | Provides an official record for insurance and legal claims | Ask for the police report number and officer’s name |
| Document Everything | Supports claims for compensation | Keep medical bills, receipts, and repair estimates |
| Notify Insurance | Begins the claims process | Report promptly and avoid giving statements about fault |
| Consult a Personal Injury Attorney | Ensures you understand your rights and legal options | An attorney can help protect your claim under Virginia law |
Recovering Compensation When the Driver Lacks Insurance
An experienced personal injury attorney in Northern Virginia can help recover compensation for accidents caused by uninsured motorists. First, if the injured bicyclist is a driver covered by their own insurance policy and has uninsured motorist coverage, that coverage may provide benefits to offset the victim’s losses. This could include amounts to cover medical bills, lost wages due to time missed from work, and pain and suffering. If the insurer denies the claim, an attorney may be able to demonstrate why they should provide benefits.
In addition, an attorney can assist in recovering compensation through means other than insurance. Filing a lawsuit may provide a judgment that can be enforced against assets owned by the driver. It might also be possible to bring a claim against a third party involved in the accident.
Uninsured/Underinsured Motorist (UM/UIM) Coverage
Uninsured Motorist (UM) coverage is a part of your own auto insurance policy that protects you if you’re injured by a driver who carries no insurance at all. In a bicycle accident, this can be a lifeline when the at-fault driver cannot cover your medical bills or other losses.
Underinsured Motorist (UIM) coverage applies when the negligent driver does have insurance, but their policy limits aren’t nearly enough to cover the full extent of your damages. For example, if their policy caps at $25,000 and your medical expenses reach $75,000, your UIM coverage can step in to bridge the gap.
How Does It Apply to a Bicycle Accident?
A key point many bicyclists don’t realize is that UM/UIM coverage generally protects the person, not just the vehicle. This means you don’t have to be behind the wheel for it to apply. Even if you’re on your bike, your UM/UIM coverage can step in after a crash with an uninsured or underinsured driver.
In these cases, the claim is filed with your own insurance company. From there, your insurer effectively “steps into the shoes” of the at-fault driver, paying out damages that should have been covered by the other party.
What if the Cyclist Doesn’t Own a Car?
Even if you don’t own a vehicle, you may still be protected. UM/UIM can still apply through a household member’s policy if you’re a resident relative, because Virginia defines ‘insured’ to include resident spouses and relatives ‘while in a motor vehicle or otherwise.’ Virginia law also sets the order of priority among potentially applicable policies
A Personal Injury Lawyer Can Help Gather and Preserve Vital Evidence
In any bike accident case, it is vital to obtain evidence to demonstrate causation. It is essential to demonstrate that the motorist acted negligently and that the bicyclist was riding responsibly and adhering to the road rules.
A Northern Virginia bicycle accident attorney can assist by working to locate and obtain footage from traffic cameras and security cameras, interviewing witnesses, analyzing photos of the accident scene, and making other efforts. The sooner you begin working with a personal injury lawyer, the more opportunities you give them to collect evidence while it is most readily available. In addition, an attorney can help you find the medical care you need and provide advice about what to say and do, and what to avoid, to preserve your options for recovering damages.
Jennifer Porter Law, PLLC, Can Help You Recover Full Compensation After a Bike Accident
Bicycle accidents often result in devastating injuries with long-term effects. The full extent of the damage may take some time to become evident, particularly if a bicyclist has suffered head injuries.
The dedicated team at Jennifer Porter Law, PLLC, works tirelessly to help victims of bike accidents receive fair and complete compensation for all of their losses, including resources to meet future needs. For a free consultation and case evaluation, call us at (571) 532-9070 or contact us online today.
