Legal Rights to Compensation for a Child Injured on a Bicycle

Wood Atter & Wolf P.A.

When a child is injured as a result of a bicycle accident, there typically are many questions by the parent and challenges for the injured child.

The complexity of these legal cases and claims can be extreme. So, it is important for the parent or guardian to get legal advice and representation from a Child Injury Attorney.

Insurance adjusters, risk managers, and attorneys are in place to protect the interests of the insurance company.

The injured child should get representation from a Personal Injury Attorney as well. The rights to damages and compensation should be discussed with the attorney.

It is vital to enforce and protect the child’s interests when necessary. This will ensure fair and equitable compensation for:

  • medical bills.
  • pain and suffering.
  • loss of enjoyment of life associated with personal injuries in a bicycle.

Sources of Compensation

When a child is a victim of a bicycle accident, here are some of the sources of compensation.

PIP or Med Pay Coverage Under the Automobile Policy of the Parent or Resident Relative

Even though the injury was from riding a bicycle, there may be coverage for payment of medical bills through the automobile insurance policy for the parent or resident relative.

PIP (Personal Injury Protection), if available, will typically pay for 80% of the child’s medical bills reasonably related to the bicycle accident.

Typically, PIP coverage is primary to health insurance coverage. In other words, medical bills must first be submitted through PIP rather than through health insurance.

PIP or Med Pay Coverage Under the Automobile Policy of the At Fault Owner or Driver

If the child does not qualify for coverage under a PIP policy through the parent or resident relative, then the child may qualify for PIP coverage under the policy of the at fault driver or the at fault owner.

Health Insurance

If the child has health insurance, these benefits may be available as a secondary form of payment (if there is PIP) for accident related medical bills.

Bodily Injury Insurance Under the Automobile Policy of the At Fault Owner or Driver

Some drivers/owners have Bodily Injury coverage in place and some do not.

If the at fault driver or at fault owner have BI coverage in place, the injured child, through his or her attorney, can pursue case or claim for damages under the policy.

A claim or case can be pursued for damages related to medical bills, pain, suffering, loss of enjoyment of life, and other damages.

Uninsured Motorist/Underinsured Motorist Coverage of the Parent or Resident Relative

If the parent/resident relative has UM coverage, this coverage may be a source of compensation for the injured child.

A claim or case can be pursued for damages related to medical bills, pain, suffering, loss of enjoyment of life, and other damages.

Liability Insurance

If the child is being supervised by another adult, day care center, school, or other child care provider, there may be a case to pursue against the person and/or business entity for negligent supervision.

If there is Homeowner’s or Commercial Liability coverage in place, a claim or case can be pursued for these insurance benefits as well.

Other Issues

There is no set legal age at which a child can ride a bicycle in the community. It all depends on the child’s individual abilities and motor skills.

When there is doubt as to the child’s ability to safely ride his or her bicycle in the neighborhood or from one place to another, it is often times advisable to have parental supervision.

All children should wear a bicycle helmet.

Injuries can take place anywhere from the driveway of the child’s own home or during a longer bicycle ride. Children do not always use good judgment when riding bicycles. So, drivers should slow down any time there is children in the area.

When there is an unfortunate bicycle accident with a motor vehicle, the injuries can be quite serious. In some instances, the child tragically dies as a result of the accident.

What Can You Do?

It is wise to seek the guidance and expertise of an experienced personal injury attorney. They can ensure you receive rightful compensation, and give you peace of mind during this difficult time.

As experienced personal injury lawyers, we are driven to our clients and the rights of their children.

Call us at(904) 355-8888 or schedule a consultation here. Together, we can make it through this stressful time in your life.

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