What Insurance Covers Bicycle Accidents in Illinois?

Bicycle accidents can leave injured riders facing significant medical expenses, lost income, permanent injuries, and months of rehabilitation. Even when a cyclist follows every traffic law and wears a helmet, a negligent driver can cause a devastating collision. Unfortunately, determining which insurance policy will pay for those injuries is not always straightforward.

Unlike motorists, bicyclists generally do not have their own mandatory automobile insurance policies. However, several types of insurance may provide coverage after a bicycle accident in Illinois, including the at-fault driver’s bodily injury liability insurance, the cyclist’s own automobile insurance, uninsured and underinsured motorist coverage, health insurance, and certain other insurance policies.

Understanding how these policies work can make a substantial difference in an injured cyclist’s financial recovery. Insurance companies may dispute liability, question the severity of injuries, or attempt to shift blame to the bicyclist. Knowing which policies apply and how to pursue available benefits can help injured riders protect their rights. At John J. Malm & Associates, our Illinois personal injury attorneys help injured cyclists investigate accidents, identify available insurance coverage, and pursue compensation from negligent drivers and other responsible parties.

“Bicyclists should not have to bear the financial consequences of a driver’s negligence. Our job is to identify every available source of insurance coverage and fight to ensure that injured cyclists have the resources they need to rebuild their lives.” — John J. Malm, Naperville bike accident attorney

How Common Are Bicycle Accidents?

Bicycle accidents are a significant traffic safety concern throughout Illinois and the United States. Cyclists have relatively little physical protection when struck by passenger vehicles, SUVs, pickup trucks, and commercial vehicles. Even a collision at a relatively low speed can cause broken bones, traumatic brain injuries, spinal cord injuries, and other serious harm.

According to the National Highway Traffic Safety Administration (NHTSA), 1,166 bicyclists were killed in traffic crashes in the United States in 2023. These fatalities demonstrate the serious risks cyclists face when sharing roads with motor vehicles. The Centers for Disease Control and Prevention (CDC) also identifies motor vehicle collisions as an important source of bicycle-related injuries and deaths.

Several circumstances contribute to bicycle accidents, including:

• Drivers failing to yield to bicyclists at intersections.
• Motorists making unsafe left or right turns.
• Distracted driving and cellphone use.
• Drivers passing cyclists without providing sufficient space.
• Dooring accidents involving parked vehicles.
• Speeding and aggressive driving.
• Poor roadway maintenance and dangerous road conditions.
• Drivers operating vehicles under the influence of alcohol or drugs.

Because bicycle accidents can result in catastrophic injuries, understanding insurance coverage is essential. A cyclist may have access to multiple insurance policies, even when the driver responsible for the accident has limited coverage.

What Insurance Covers Bicycle Accidents in Illinois?

There is no single insurance policy that automatically covers every bicycle accident. The available coverage depends on how the accident happened, who was responsible, the cyclist’s insurance policies, and the insurance policies maintained by other parties. The following are the most common sources of insurance coverage after a bicycle accident:

1. The At-Fault Driver’s Auto Liability Insurance

When a motorist causes a bicycle accident, the driver’s automobile liability insurance is often the primary source of compensation for an injured cyclist. Illinois requires most motor vehicles operated on public highways to carry liability insurance. Under Illinois law, the minimum required bodily injury liability limits are generally:

• $25,000 for injuries to one person in an accident.
• $50,000 for injuries to multiple people in one accident.
• $20,000 for property damage per accident.

These are minimum limits, not guarantees that an injured cyclist will receive enough compensation to cover all losses.  For example, imagine a driver runs a red light in Naperville and strikes a cyclist crossing an intersection. The cyclist suffers a fractured pelvis, a traumatic brain injury, and several months of lost income. If the driver is legally responsible, the cyclist can pursue a bodily injury claim against the driver’s insurance company. Compensation may include:

• Emergency room treatment and hospitalization.
• Surgery and rehabilitation.
• Prescription medications and medical equipment.
• Future medical expenses.
• Lost wages and diminished earning capacity.
• Physical pain and suffering.
• Emotional distress.
• Permanent disability and disfigurement.

One important concern is that Illinois’ minimum insurance limits may be inadequate when a bicycle accident causes catastrophic injuries. If a cyclist incurs $150,000 in medical expenses but the driver has only $25,000 in bodily injury coverage, the cyclist may need to pursue additional insurance sources.

2. Uninsured Motorist (UM) Coverage

What happens when a driver strikes a cyclist and has no automobile insurance? Uninsured motorist (UM) coverage may provide an important source of compensation. Illinois requires automobile insurers to provide uninsured motorist bodily injury coverage with minimum limits generally matching the state’s mandatory liability limits. This coverage is designed to protect eligible insured individuals when they are injured by an uninsured motorist or a qualifying hit-and-run driver.

Importantly, a cyclist does not necessarily need to be inside a vehicle to qualify for uninsured motorist benefits. Depending on the policy language, an insured person may be covered when struck by an uninsured motorist while riding a bicycle.

For example, consider a cyclist riding along Route 59 who is struck by a driver who has no insurance. The cyclist suffers multiple fractures and requires surgery. The cyclist may be able to make a UM claim through an applicable automobile insurance policy maintained by the cyclist or a qualifying household member. Potential sources of coverage include:

• The cyclist’s own automobile insurance policy.
• An applicable policy maintained by a spouse.
• A policy covering a qualifying resident family member, depending on its terms.

Not every policy covers every bicycling accident. The definition of an insured person, coverage exclusions, and other policy provisions must be reviewed carefully. Hit and run accidents can present additional challenges. If a driver strikes a cyclist and leaves the scene without being identified, UM coverage may still be available, but the policy may impose specific reporting, notice, and evidence requirements.

3. Underinsured Motorist (UIM) Coverage

Underinsured motorist (UIM) coverage can be particularly important when a cyclist suffers serious injuries caused by a driver who has insurance but insufficient coverage. Illinois law requires insurers to offer UIM coverage in connection with certain higher UM coverage limits. UIM coverage can provide additional compensation when the at-fault driver’s liability limits are insufficient, subject to the policy’s limits, terms, and applicable offset rules.

Consider this example: A bicyclist is struck by a negligent driver and suffers a traumatic brain injury, multiple broken ribs, and a spinal fracture. The driver’s insurance policy provides $25,000 in bodily injury coverage, but the cyclist’s damages substantially exceed that amount.

If the cyclist has applicable UIM coverage with limits of $250,000, additional compensation may be available through that policy after accounting for the at-fault driver’s payment and the policy’s terms. UIM claims can become complicated because the injured cyclist may need to coordinate claims against multiple insurance companies. Insurers may also disagree about the value of the injuries or whether the driver was legally responsible. An attorney can review all applicable policies and determine whether additional UIM benefits are available.

4. Medical Payments (MedPay) Coverage

Medical payments coverage, commonly called MedPay, is optional automobile insurance coverage that can help pay medical expenses following an accident, regardless of who caused it. Depending on the policy, MedPay may cover an insured person who is struck by a motor vehicle while riding a bicycle. This can be particularly helpful when an injured cyclist needs immediate medical treatment but liability has not yet been established.

MedPay benefits may cover expenses such as:

• Ambulance transportation.
• Emergency room treatment.
• Hospitalization.
• Surgery.
• Diagnostic testing.
• Certain rehabilitation expenses.

Unlike a bodily injury liability claim, MedPay generally does not require the injured person to prove that another driver was negligent. However, coverage depends on the policy language, the identity of the insured, and the circumstances of the accident. Some policies also contain coordination provisions or other limitations. Cyclists should review their automobile insurance policies to determine whether MedPay is available and whether it applies when they are riding outside a vehicle.

5. Health Insurance

Health insurance is another important source of coverage after a bicycle accident. An injured cyclist can generally use available health insurance to pay for medically necessary treatment, including emergency care, hospitalization, surgery, physical therapy, and follow-up appointments, subject to the plan’s terms. Health insurance can be especially important when:

• The at-fault driver has no insurance.
• The driver’s policy has insufficient limits.
• The insurance company disputes liability.
• The cyclist needs immediate medical treatment.
• A liability claim takes months or years to resolve.

However, using health insurance does not necessarily mean the cyclist gets to keep the entire amount of a later settlement.

Health insurance companies may assert reimbursement or subrogation rights when an injured person recovers money from the responsible party. The amount that must be repaid can depend on the type of health plan, applicable law, and the circumstances of the recovery. An experienced Illinois personal injury attorney can investigate potential liens and reimbursement claims and negotiate reductions when appropriate.

6. Homeowners and Renters Insurance

Homeowners and renters insurance may also become relevant after a bicycle accident, although these policies generally do not replace automobile liability or UM/UIM coverage for injuries caused by a motorist. For example, a homeowners or renters policy may provide personal property coverage for a bicycle that is damaged or stolen. Coverage is subject to policy limits, deductibles, exclusions, and any applicable scheduled-property provisions.

These policies may also provide personal liability coverage in certain situations where the cyclist is alleged to have negligently injured someone else. However, exclusions and limitations may apply, particularly for motorized vehicles. Cyclists who own expensive road bikes, mountain bikes, or electric bicycles should review their homeowners or renters insurance to understand whether their equipment is adequately protected.

7. Workers’ Compensation Insurance

If a bicycle accident occurs while someone is performing job-related duties, workers’ compensation insurance may provide benefits. For example, a delivery cyclist who is struck by a car while making a delivery may have a workers’ compensation claim in addition to a potential personal injury claim against the negligent driver.

Workers’ compensation benefits may include:

• Reasonable and necessary medical treatment.
• Temporary total disability benefits when the employee cannot work.
• Temporary partial disability benefits in qualifying circumstances.
• Permanent partial or permanent total disability benefits when applicable.

Illinois workers’ compensation law generally provides benefits for injuries arising out of and in the course of employment. Not every bicycle accident during a commute qualifies for workers’ compensation. Ordinary commuting injuries are generally treated differently from accidents occurring while performing assigned work duties.

When a third-party driver causes the accident, the injured employee may have both a workers’ compensation claim and a separate negligence claim.

What Happens If the Cyclist Was Partially at Fault?

Insurance companies sometimes attempt to blame injured cyclists for contributing to an accident. They may argue that the cyclist was riding too close to traffic, failed to use a designated bicycle lane, did not have proper lighting, or violated a traffic signal. However, being partially responsible for an accident does not automatically prevent an injured cyclist from recovering compensation in Illinois.

Under Illinois’ modified comparative negligence law, an injured person can generally recover damages if their percentage of fault is not more than 50%. However, their compensation is reduced by their percentage of responsibility.

For example, if a cyclist sustains $100,000 in damages but is determined to be 20% responsible for the accident, the cyclist’s potential recovery would be reduced to $80,000. If the cyclist is more than 50% responsible, recovery is generally barred.

Illinois law also recognizes that bicyclists have many of the same rights and responsibilities as motorists. Under 625 ILCS 5/11-1502, people riding bicycles on Illinois highways generally have the rights and duties applicable to drivers of motor vehicles, subject to specific bicycle-related exceptions.

Insurance companies cannot simply deny a bicycle accident claim because a cyclist was not riding in a particular location or because the cyclist made a mistake. The circumstances must be evaluated under applicable Illinois law.

What Should You Do After a Bicycle Accident to Protect Your Insurance Claim?

The steps an injured cyclist takes immediately after an accident can have a significant impact on an eventual insurance claim. Although medical treatment should always be the first priority, preserving evidence and documenting the accident can help establish liability and damages. Important steps include:

• Call 911: Request police and emergency medical assistance when appropriate. An official police report can help document the accident.
• Seek medical treatment: Even if injuries initially appear minor, conditions such as concussions, internal bleeding, and spinal injuries may not be immediately apparent.
• Identify the driver: Obtain the driver’s name, contact information, driver’s license number, and automobile insurance information.
• Photograph the accident scene: Take pictures of the bicycle, damaged vehicle, roadway, traffic signals, skid marks, and visible injuries.
• Identify witnesses: Obtain contact information from anyone who saw the collision.
• Preserve the bicycle: Do not repair or discard a damaged bicycle before documenting its condition.
• Look for video evidence: Nearby businesses, traffic cameras, residential security systems, and vehicle dashcams may have recorded the accident.
• Notify applicable insurance companies: Provide necessary information while being cautious about recorded statements and settlement offers.
• Consult an experienced bicycle accident attorney: An attorney can investigate the accident, identify available coverage, and protect your interests when dealing with insurers.

One particularly important issue is preserving electronic evidence. Modern vehicles may contain event data recorders, dashcams, and other technology that can help establish how a collision occurred. Video footage from nearby properties may also be overwritten or deleted if it is not preserved promptly.

How an Illinois Bicycle Accident Lawyer Can Help Identify Insurance Coverage

Determining which insurance policies apply after a bicycle accident can be complicated. A cyclist may have several potential sources of coverage, and each insurance company may have different procedures, exclusions, and requirements. At John J. Malm & Associates, we investigate bicycle accidents and pursue compensation from negligent drivers and other responsible parties. Our legal team can assist with:

• Identifying all available insurance policies. We investigate the at-fault driver’s automobile insurance, the cyclist’s own coverage, applicable household policies, and other potential sources of recovery.
• Investigating liability. We gather police reports, witness statements, photographs, surveillance footage, and other evidence to establish how the accident occurred.
• Documenting injuries and financial losses. We work to establish the full extent of the cyclist’s injuries, including future medical expenses, lost earning capacity, permanent impairments, and pain and suffering.
• Handling insurance company communications. We protect injured cyclists from unfair settlement tactics, premature settlement demands, and attempts to shift responsibility.
• Pursuing additional compensation. When appropriate, we investigate potential UM/UIM claims, third-party claims, and other avenues for financial recovery.

Our firm has more than 95 years of combined litigation experience and represents seriously injured individuals throughout DuPage, Kane, Cook, Will, Kendall, and surrounding Illinois counties.

Frequently Asked Questions About Bicycle Accident Insurance in Illinois

Does my car insurance cover me if I am hit while riding a bicycle?

It may. Depending on the terms of your automobile insurance policy, uninsured motorist, underinsured motorist, and medical payments coverage may apply when you are struck by a vehicle while riding a bicycle. Coverage may also be available through a qualifying household member’s policy.

Does the driver’s insurance pay for my bicycle after an accident?

If a negligent driver causes an accident that damages your bicycle, their property damage liability coverage may pay for the bicycle’s repair or replacement. You may also pursue compensation for other damaged personal property, subject to applicable legal and policy limitations.

What happens if the driver who hit me does not have insurance?

You may be able to pursue compensation through uninsured motorist coverage under your own automobile insurance policy or an applicable household policy. Coverage depends on the policy language and circumstances of the accident.

Can I use my health insurance after a bicycle accident?

Yes. Health insurance can generally be used to pay for covered medical treatment following a bicycle accident. However, your health insurer may have reimbursement or subrogation rights if you later recover compensation from the responsible party.

Does homeowners insurance cover bicycle accidents?

Homeowners insurance may cover damage to or theft of a bicycle, depending on the policy. It may also provide personal liability coverage in certain situations where the cyclist injures another person. However, it generally does not substitute for automobile insurance coverage when a motorist causes a bicycle collision.

Can I recover compensation if I was not wearing a helmet?

Potentially, yes. Illinois does not impose a general statewide bicycle helmet requirement for adult cyclists. Not wearing a helmet does not automatically prevent someone from pursuing a claim. However, the circumstances and any applicable arguments concerning comparative negligence or injury causation should be evaluated.

How long do I have to file a bicycle accident lawsuit in Illinois?

In many Illinois personal injury cases, the statute of limitations is two years from the date of the accident. However, exceptions may apply, including claims involving government entities or injured minors. It is important to consult an attorney promptly because missing an applicable filing deadline can prevent you from recovering compensation.

Should I accept the insurance company’s first settlement offer?

Not without understanding the full extent of your injuries and damages. Early settlement offers may fail to account for future medical treatment, permanent disabilities, lost earning capacity, and other long-term consequences. Once you sign a settlement release, you generally cannot reopen the claim for additional compensation simply because your injuries turn out to be more serious than initially expected.

Contact a 5-Star Rated Illinois Bicycle Accident Lawyer at John J. Malm & Associates

A bicycle accident can change your life in an instant. Between mounting medical bills, lost income, physical pain, and uncertainty about your recovery, dealing with insurance companies should not become another burden. Fortunately, you may have more insurance coverage available than you realize. Whether your claim involves an at-fault driver’s liability insurance, uninsured or underinsured motorist coverage, medical payments benefits, or another source of compensation, understanding your rights is essential.

At John J. Malm & Associates, we are committed to helping injured cyclists hold negligent drivers accountable and pursue the financial recovery they deserve. We understand how insurance companies evaluate bicycle accident claims, and we have the litigation experience necessary to stand up for injured individuals when insurers refuse to offer fair compensation. If you or someone you love has been injured in a bicycle accident in Illinois, contact John J. Malm & Associates today at (630) 527-4177 for a free consultation. Let our experienced personal injury attorneys investigate your accident, identify every available source of insurance coverage, and fight for the compensation you need to move forward.