I was in a hit and run

[domdeguzman]

In August of last year, a bicyclist plowed through a red light and struck me. A few witnesses came and picked me up off the street and called 9-1-1 and I was taken to the hospital and with a broken arm/wrist and a concussion. The bicyclist took off. I have all medical and police reports but we have nothing on the gentlemen who hit me. Is there anything I can do to help pay for my medical bills? I heard of uninsured motorist but I do not know if that applies for a bicycle.

This was in San Francisco, CA

 

[Zigner]

In August of last year, a bicyclist plowed through a red light and struck me. A few witnesses came and picked me up off the street and called 9-1-1 and I was taken to the hospital and with a broken arm/wrist and a concussion. The bicyclist took off. I have all medical and police reports but we have nothing on the gentlemen who hit me. Is there anything I can do to help pay for my medical bills? I heard of uninsured motorist but I do not know if that applies for a bicycle.

This was in San Francisco, CA

Do you have auto insurance? If so, contact them...

 

[tranquility]

I'm thinking 'ol dom was a pedestrian (Or, in one of them there "smart" cars.) if a bicycle caused him that much damage.

 

[domdeguzman]

Hi,

Yes I was the pedestrian that was struck. Are you saying to contact me auto insurance for a hit and run by a bicycle?

Dom

 

[Zigner]

Hi,

Yes I was the pedestrian that was struck. Are you saying to contact me auto insurance for a hit and run by a bicycle?

Dom

Yes, that's what I am saying...

ETA: Do you have "full" coverage, or just the state minimum?

 

[tranquility]

Damn, zigner, that was a great catch. I had no idea. However, I don't think it applies to the OP as the hit and run driver was not in a motor vehicle. The general source of the contract provision is in the CA Insurance Code Section 11580.2 saying (In part. Emphasis mine):

(a) (1) No policy of bodily injury liability insurance
covering liability arising out of the ownership, maintenance, or use
of any motor vehicle, except for policies that provide insurance in
the Republic of Mexico issued or delivered in this state by
nonadmitted Mexican insurers, shall be issued or delivered in this
state to the owner or operator of a motor vehicle, or shall be issued
or delivered by any insurer licensed in this state upon any motor
vehicle then principally used or principally garaged in this state,
unless the policy contains, or has added to it by endorsement, a
provision with coverage limits at least equal to the limits specified
in subdivision (m) and in no case less than the financial
responsibility requirements specified in Section 16056 of the Vehicle
Code insuring the insured, the insured's heirs or legal
representative for all sums within the limits that he, she, or they,
as the case may be, shall be legally entitled to recover as damages
for bodily injury or wrongful death from the owner or operator of an
uninsured motor vehicle. The insurer and any named insured, prior to
or subsequent to the issuance or renewal of a policy, may, by
agreement in writing, in the form specified in paragraph (2) or
paragraph (3), (1) delete the provision covering damage caused by an
uninsured motor vehicle completely, or (2) delete the coverage when a
motor vehicle is operated by a natural person or persons designated
by name, or (3) agree to provide the coverage in an amount less than
that required by subdivision (m) but not less than the financial
responsibility requirements specified in Section 16056 of the Vehicle
Code. Any of these agreements by any named insured or agreement for
the amount of coverage shall be binding upon every insured to whom
the policy or endorsement provisions apply while the policy is in
force, and shall continue to be so binding with respect to any
continuation or renewal of the policy or with respect to any other
policy that extends, changes, supersedes, or replaces the policy
issued to the named insured by the same insurer, or with respect to
reinstatement of the policy within 30 days of any lapse thereof. A
policy shall be excluded from the application of this section if the
automobile liability coverage is provided only on an excess or
umbrella basis. Nothing in this section shall require that uninsured
motorist coverage be offered or provided in any homeowner policy,
personal and residents' liability policy, comprehensive personal
liability policy, manufacturers' and contractors' policy, premises
liability policy, special multiperil policy, or any other policy or
endorsement where automobile liability coverage is offered as
incidental to some other basic coverage, notwithstanding that the
policy may provide automobile or motor vehicle liability coverage on
insured premises or the ways immediately adjoining.

I'd still call my insurance company, but I wouldn't be too hopeful.

Info edit:I think it becomes more clear with section 2.

(2) The agreement specified in paragraph (1) to delete the
provision covering damage caused by an uninsured motor vehicle
completely or delete the coverage when a motor vehicle is operated by
a natural person or persons designated by name shall be in the
following form:
"The California Insurance Code requires an insurer to provide
uninsured motorists coverage in each bodily injury liability
insurance policy it issues covering liability arising out of the
ownership, maintenance, or use of a motor vehicle. Those provisions
also permit the insurer and the applicant to delete the coverage
completely or to delete the coverage when a motor vehicle is operated
by a natural person or persons designated by name. Uninsured
motorists coverage insures the insured, his or her heirs, or legal
representatives for all sums within the limits established by law,
that the person or persons are legally entitled to recover as damages
for bodily injury, including any resulting sickness, disease, or
death, to the insured from the owner or operator of an uninsured
motor vehicle not owned or operated by the insured or a resident of
the same household. An uninsured motor vehicle includes an
underinsured motor vehicle as defined in subdivision (p) of Section
11580.2 of the Insurance Code."

 

[Zigner]

Thanks for the code sections Tranq. I know it's a long shot, but definitely worth calling the insurance company because the provisions of his policy may be more broad.

 

[tranquility]

I completely agree. That it even was a possibility surprised me.

 

[sandyclaus]

If you have an injury then you have every right to pursue an injury claim. The injury may cause an inconvenience at best or in worse scenario require expensive medical assistance. In a claims process you should ideally look into contacting legal firms that specializes in cycling accidents.

That's all fine and well and good, but as the OP said:

...The bicyclist took off. I have all medical and police reports but we have nothing on the gentlemen who hit me. Is there anything I can do to help pay for my medical bills?...

If they have no clue who the bicyclist is that hit him, who is he going to file an injury claim with?

And hiring an attorney, especially given that the identity of the bicyclist who caused the accident is unknown, will be an expensive prospect with very little possibility of success in pursuing such a claim.

As the previous posters have pointed out, there MIGHT be a possibility of filing a claim with OP's auto insurance company, and if the policy is written broadly enough, it just might cover it. But in the realm of possibilities, that one is extremely slim.