Questions + Answers About

Bike or Boating Accidents

How long do I have to file a claim after a bike or boating accident?

The statute of limitations is a time limit established by the laws of Wisconsin, and it determines how long you have to file a lawsuit. The statute of limitations varies depending on the details of your bike or boating accident, so we recommend you pursue your case immediately.
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Whose insurance has to pay for my property and medical bills if I am injured in a bike or boat accident?

If you are injured in a bike or boating accident that is not your fault, the other driver and their insurance company are responsible for expenses that may result from the collision, including property damage, medical bills, lost income or pain and suffering.
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Do I still have a claim if my health insurance paid my medical bills after a bike or boating accident?

Those injured in a bike or boating accident are entitled to the full value of their medical treatment. This includes the actual cost of the treatment, not just their copay or deductible. Oftentimes, insurance carriers attempt to reduce damages by offering to pay only “out of pocket” expenses, which leaves the injured person less than whole.

While your health insurance carrier has to pay for your medical expenses, they also have the right to be paid back. This is generally referred to as subrogation.

Keep in mind that you may be entitled to more than medical expense reimbursement. Punitive damages such as pain and suffering, emotional distress, lost wages and more are often part of personal injury cases.
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What if a person dies from bike or boating accident injuries before bringing a lawsuit?

If a person dies as a result of a bike or boating accident, it can become a wrongful death case. Spouses, parents, children, siblings and grandparents may have a wrongful death claim, and the relationship with the deceased will dictate priority. The types of damages that can be sought depend on this relationship and can include financial support that a survivor would have received, value of household services that would have been provided by the deceased, loss of companionship, affection, love, care, comfort and society, loss of consortium (sexual relations) for the surviving spouse, as well as funeral and burial expenses.
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Is the driver always at fault in a bicycle accident?

The driver of a motorized vehicle is not always at fault in a bike accident. Bicycles are considered “vehicles” on Wisconsin roadways and are therefore required to obey all traffic laws and rules of the road, including signals and stop signs.
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A driver didn’t actually hit me on my bike but still caused my injury. Do I have a case?

Yes, if another driver's negligence causes a bicycle to crash, the driver can still be liable for the cyclist’s injuries and property damage — even if no collision occurred.
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I was injured in a hit-and-run on a bike. Do I have a case?

Under civil laws, a bicyclist may file a lawsuit against the at-fault driver in a hit-and-run to obtain compensation for any injuries, property damage or associated losses. If the cyclist cannot identify the at-fault driver, he or she may file a claim against a personal automotive insurance policy containing uninsured/underinsured motorist coverage or a medical insurance policy.
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I was involved in a bike or boating accident, what should I do?

If you find yourself victim to a bike or boating accident, you should first visit a doctor and seek medical treatment for any injuries. Be proactive about receiving a proper diagnosis and adequate treatment for pain of any kind.

The next step is opening a claim with your insurance carrier, as well as the other driver’s or boater’s insurance company. If you have been injured, seek the representation of an attorney before providing a statement to another party.

Lastly, get in touch with Gingras, Thomsen & Wachs for a review of your case. Our personal injury attorneys specializing in bike and boating accidents will review your situation and recommend next steps, which may include legal action.
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