If you were injured in an auto accident while riding your bicycle, you should consider filing a personal injury claim to help pay for any medical costs, lost wages, and general pain and suffering caused by your injuries.
To file a personal injury claim against the responsible driver, you first need to write a demand letter to send to their insurance company. A demand letter is important, as it will be used as a point of reference throughout the claims process.
For your demand letter, it will maximize your chances of a successful claim if you emphasize that you are a safe bicyclist who follows the rules, such as:
- Mentioning your use of a helmet
- Mentioning your tendency to follow the rules of the road
Your demand letter should also include detailed medical records and a thorough account of your injuries.
Sample Demand Letter for Getting Hit by a Car While on a Bicycle
This is a sample demand letter that includes all of the information and details you should include in your own demand letter for your personal injury claim.
[Your City, State, and Zip Code]
[Name of the Claims Adjuster]
[Their Job Title]
[Address of the Insurance Company]
[City, State, and Zip Code of the Insurance Company]
Re: Your Insured, [Name of the Defendant]
Claimant: [Your Full Legal Name]
Claim Number: (Only include this number if a claim number has already been assigned to you, and you have already been contacted about the matter.)
Date of Loss: [Date of Accident or Incident in which the Collision Took Place]
Dear Mr./Mrs. [Name of Claims Adjuster],
Please accept this letter as a formal demand for settlement in the matter mentioned above. This is in response to our previous correspondence on November 9, 2014.
I have finished medical treatment after sustaining injuries due to the negligent driving of your client, Mr. Dalton O’Brien. As you know, your insured hit me while driving his car while I was riding my bicycle in [insert location]. Mr. O’Brien took an unexpected right turn while I was on his right side, hitting me and knocking me off of my bike. He failed to use his turn signal or check behind him before turning. Therefore, Mr. O’Brien demonstrated his negligence and responsibility for both the injuries I sustained and the damage to my bicycle.
On September 25, 2014, I was biking on [insert location], which is a two-lane road. I was wearing a helmet, as is required in [insert state] and I also was following the rules of the road established for bicyclists. I was coming to a stop at an intersection when Mr. O’Brien, driving in his SUV next to me on my left, took an unexpected right turn. I was knocked off of my bike, breaking my wrist. Mr. O’Brien’s vehicle dragged my bike two hundred feet, destroying it.
That afternoon, I was taken to Saint Michael’s Hospital at [insert address], where I was treated by the ER physician, Dr. Edward Yin, for my broken wrist and some minor scrapes and bruises. He x-rayed, set, and dressed my broken wrist and prescribed me a minor pain medication [name the medication]. He also recommended that I stay home from my job at Martin’s Construction and Landscaping LLC, where I perform physical labor, until my wrist healed, which ended up being four weeks.
The expenses for my medical treatment are outlined in the attached records. They include:
Saint Michael’s Hospital: $495.00
Dr. Edward Yin, ER Physician: $315.00
Prescription Pain Medication: $74.00
Due to the negligence of your insured, Mr. O’Brien, I experienced pain and suffering and lost a month’s worth of wages at my place of employment. Because of these damages, I am requesting compensation in the amount of $3,500.00.
I appreciate a timely response of no later than 30 days from the date of this correspondence.
[Your Name – printed]
By asking for an amount of compensation that is larger than your total amount of medical costs, you leave room to negotiate a fair settlement.
Getting Help with a Personal Injury Claim
You may want to consider hiring a personal injury lawyer to help ensure that your claim goes smoothly and that you receive the compensation you deserve. A lawyer will assist you in writing your demand letter, gathering medical evidence, and negotiating a successful claim.