You are riding down the road in North Carolina and a car decides to pass you. The driver misjudges the distance and clips you with the mirror and you go over your bike’s handlebars and break your collarbone. Do you have any recourse? Like anything else in life, it depends. According to iDrive Safely, hit and run bicycle accidents can result in personal injury claims. However, there are a number of factors you need to understand.

If the driver stopped and the car that the driver is operating is insured, you could make a claim against the car owner’s (and possibly the driver’s) automobile insurance company. You can do make a claim in basically the same way that you would make a claim if you were involved in an auto accident between two motor vehicles.

If the driver leaves the scene without stopping, you may be able to make a claim for your injuries under the uninsurance part of your policy. Uninsurance coverage is required in North Carolina.  You may also have purchased voluntary medical payments coverage (MedPay) which is essentially a small health insurance policy in your automobile policy.

If your injuries are more severe than can be compensated by the driver’s liability insurance policy AND if you have purchased undersinsurance in your own auto policy, you may be afforded coverage in addition to the coverage in the liability policy of the driver.  The use of MedPay, uninsured and underinsurance coverage will not increase your premiums.  You may acquire up to one million dollars in underinsurance coverage.  We strongly recommend increased uninsured and underinsured limits and the acquisition of MedPay coverage to our clients. You should discuss these options with your insurance agent