MC, a 58 yr old bicyclist slammed into a car in Lincoln Park in Chicago in the early evening, and was thrown over the windshield onto his left side. MC was taken by ambulance to Northwestern Hospital where he was treated in the emergency room and released.
Proper Care Postponed Due to Covid Pandemic
The accident occurred just as the Covid pandemic was starting, and MC avoided care for the next year and a half, as he had an underlying medical condition, and feared contracting Covid. Eventually, MC sought treatment from an orthopedic surgeon, who diagnosed an injury to his labrum (part of the shoulder) which required surgery.
The personal injury attorney's at Lipkin & Apter were referred this case from another attorney. We learned the driver had informed police that he did not see the bicyclist before making a turn from LaSalle Street into Lincoln Park. We filed suit, and quickly obtained policy limits from the defendant despite the gap in time between the accident and surgery.
Under Illinois law, an insured can make a claim for Uninsured or Underinsured benefits so long as the claim is in connection with a motor vehicle accident.
Underinsured Motorist’s Claim Covers Injured Person on Bike
The defendant – the car’s driver - carried insurance of only $50,000, which was insufficient to adequately compensate MC for his medical bills and lost time from work. Therefore, we filed an Underinsured Motorist Claim under MC’s own insurance policy, and again quickly collected the $100,000 limit of this policy, subject to a $50,000 set off from the defendant.
Undeinsured Benefits Valid if Claim is in Connection with Motor Vehicle Accident
In discussions with MC, he was unaware, like most people, that his policy could come into play when he was riding a bicycle rather than driving a car. Under Illinois law, an insured can make a claim for Uninsured or Underinsured benefits so long as the claim is in connection with a motor vehicle accident. This includes persons injured on a bike, or even a pedestrian. Underinsured benefits are received over and above the defendant’s insurance, up to the maximum limits of the injured person’s policy. In this case, MC was fortunate enough to have uninsured/underinsured benefit coverage of $100,000, and so could make a successful claim to receive an additional $50,000.
Contact Lipkin & Apter If You Are Involved In An Accident with Serious Injury
Lipkin & Apter is dedicated to providing personal, professional legal representation to our clients. We will explain the process of litigation to you, help you understand the strengths and weaknesses of your case, and its anticipated value, so that you can make the decision that best fits your needs. Should you be involved in a serious personal injury accident, contact us for a free, no obligation discussion of your case.