At Harding & Associates, P.C., we frequently handle cases involving bicycle and car accidents, which can be particularly complex. In a recent case, we represented a cyclist who was hit by a car, resulting in a broken femur and $70,000 in medical bills. This case highlighted several key legal concepts that are essential for anyone dealing with similar situations.
Understanding Liability and Insurance Stacking
When a car hits a cyclist or pedestrian, determining who is responsible for paying the medical bills can be complicated. Even if the at-fault driver admits fault, they often only write one check at the end of the process, not as bills come in. This means you must rely on your health insurance initially. However, understanding how insurance works in these scenarios is crucial, particularly the concept of “stacking” insurance policies.
In our case, the driver was borrowing a friend’s car, which introduced two levels of insurance coverage: the owner’s insurance and the driver’s own insurance. On top of that, the cyclist’s own uninsured/underinsured motorist (UIM) coverage applied, even though they were on a bicycle at the time of the accident. This is an essential point—UIM coverage follows you whether you’re driving, cycling, or even walking, as long as a car is involved in the accident.
The Importance of Stacking Insurance Policies
“Stacking” allows you to combine multiple insurance policies to cover the full extent of your damages. In our case, we stacked the insurance from the car owner, the driver, and the cyclist’s UIM coverage to maximize the settlement. This process can be complex, especially since you need to secure permission from your UIM provider before accepting policy limits from the at-fault party. Failing to do so can jeopardize your ability to collect the full amount of available insurance.
The Role of Health Insurance and Colorado’s “Make Whole” Law
Another critical aspect is how health insurance interacts with settlements. Under Colorado’s “Make Whole” law, if you receive the full policy limits from the at-fault party, it’s presumed that you’ve been made whole, meaning you may not have to repay your health insurance for the medical expenses they covered. This can significantly impact the final amount you receive.
However, federal laws, particularly those involving Medicaid and Medicare, can complicate this process. These programs require proper notice and often have the right to reimbursement, making it crucial to navigate these rules carefully to maximize your recovery.
The Importance of Legal Representation
Given the complexity of these cases, from understanding insurance stacking to navigating the “Make Whole” law, having experienced legal representation is crucial. Without proper guidance, you might miss out on significant compensation. At Harding & Associates, P.C., we work closely with our clients to ensure they receive the full benefits of all available insurance coverage and are fully compensated for their injuries.
Bicycle and car accident cases require a deep understanding of both state and federal laws, as well as the intricacies of insurance policies. By stacking insurance and leveraging legal protections like Colorado’s “Make Whole” law, we ensure that our clients are fully compensated. If you’ve been involved in a similar accident, Harding & Associates, P.C. can guide you through the process to secure the compensation you deserve.
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For expert legal advice and representation in bicycle and car accident cases, contact Harding & Associates, P.C.. Call us at 303-762-9500 or visit hlaw.com for a free consultation.
