{"id":19386,"date":"2022-10-12T07:37:08","date_gmt":"2022-10-12T11:37:08","guid":{"rendered":"https:\/\/www.sinklaw.com\/?page_id=19386"},"modified":"2024-01-18T12:09:09","modified_gmt":"2024-01-18T17:09:09","slug":"do-you-have-to-go-to-court-for-bicycle-accident","status":"publish","type":"page","link":"https:\/\/www.sinklaw.com\/faqs\/do-you-have-to-go-to-court-for-bicycle-accident\/","title":{"rendered":"Do You Have to Go to Court for a Bicycle Accident?"},"content":{"rendered":"

Bicycle accidents can occur at any time, and the results can be devastating. If you or your loved one has been involved in such an accident, you qualify to demand financial recovery from the liable party. You may wonder if filing a lawsuit is the only way to get the compensation you seek and resolve the matter quickly so you can focus on recovering.\u00a0<\/span><\/p>\n

You do not always have to go to court for a bicycle accident to get the results you want. More often than not, personal injury cases settle outside of court. This cuts down on the time and money spent on a case, as trials can be lengthy and expensive. When you hire a law firm to represent you, a bicycle accident attorney can let you know the best path forward based on your case\u2019s details.<\/span><\/p>\n

Why You Might Have to Go to Court for a Bicycle Accident<\/h2>\n

Once you\u2019ve received medical treatment and hired a bicycle accident lawyer, the next step is to prepare and file an auto accident claim with the other party\u2019s insurance company. The attorney will help collect evidence and identify the liable party.<\/span><\/p>\n

While reaching a settlement is often mutually beneficial for both parties, it\u2019s not always possible. Some instances where you might have to go to court to solve your bicycle accident case include:<\/span><\/p>\n

The Liable Party Is Uninsured<\/h3>\n

It is a basic requirement for drivers to carry auto insurance in Georgia and South Carolina. The minimum auto insurance of bodily injury liability is $25,000 per person and $50,000 per accident. For property damage liability, the minimum auto insurance required is $25,000.<\/span><\/p>\n

With Georgia and South Carolina being fault states, an at-fault driver must pay the victims through their insurance company. If you are hit by an uninsured or underinsured driver while riding your bicycle, you may have to sue the liable party to recover your compensation.\u00a0<\/span><\/p>\n

Failure to Reach an Agreement to Settle Outside Court<\/h3>\n

It is up to the liable party\u2019s insurance company to respond to your filed claim. Usually, the insurance company will respond with an initially low settlement, which your lawyer will counter. If successful in negotiations, your bicycle accident claim will be settled out of court, and there will be no need for trial.<\/span><\/p>\n

However, if your lawyer and the insurance company fail to agree on a reasonable settlement amount to cover your damages, the case can move to court. A jury will listen to both sides of the story and determine how much compensation you can receive.<\/span><\/p>\n

The Insurance Company Denies Your Claim<\/h3>\n

In some cases, you may not even reach the negotiation stage. The insurer may deny their policyholder\u2019s liability for the accident outright, suggesting that something or someone else\u2014even you\u2014are responsible.\u00a0<\/span><\/p>\n

You Suffered Damages\u00a0Beyond the Liable Party\u2019s Policy Limits<\/h3>\n

Cyclists do not have as much bodily protection as motorists. If a car or truck crashes into a cyclist, the injuries can be catastrophic. If you have been involved in such an accident, your damages could be more than what the liable driver\u2019s insurance company can cover. In this case, you might have to go to court to recover your settlement.\u00a0<\/span><\/p>\n

Is It Common for Bicycle Accident Claims to Go to Court?<\/h2>\n

Some bicycle accident claims go to court, but it\u2019s not common. Usually, the involved parties prefer to close the matter out of court because of the high costs of court trials and the amount of time needed to reach a judgment. However, if you feel like going to court is the best option to recover your rightful compensation, you can discuss this with your attorney.<\/span><\/p>\n

How to Avoid Going to Court After a Bicycle Accident<\/h2>\n

Going to court is not something most people look forward to. To decrease the chances of your bicycle accident claim ending up in court, consider:<\/span><\/p>\n