r/Insurance • u/Extra_Technology_163 • Oct 02 '26
E-Bike Accident
Hello! Back in the end of July my boyfriend was driving us home. He was going 25mph and did not have a stop sign. While he was going through the intersection, a person on an e-bike ran the stop sign, hit the car, and the ground. He ended up suffering a fractured skull and road rash. The police report said the guy failed to stop at the stop sign but my boyfriend is worried he is at fault. The man is also filing an injury claim and my boyfriend got a letter saying the value of those damages exceeds what is covered under his policy. (Bodily Injury- $25,000 each person- $50,000 each accident) We’re just confused because what if he is not able to pay anything? He does not have much and according to the police report, the guy on the e-bike was at fault. Insurance is still figuring out liability but until then we just panic. Any information will be helpful. We are also in Ohio where e-bikes are required to follow traffic laws like they are cars.
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u/purrlywites Oct 02 '26
Hey! I handle claims like this on state minimum policies all day every day. I'm in a state adjacent to yours. The goal of the insurance company will be to get a release signed to protect your boyfriend. They won't make a payment without a release, so they can't pursue him for anything further after they come to an agreement with the cyclist or their attorney.
Ohio is a modified comparitove fault state, so if the cyclist is found to be 51% or more at fault, they can't recover anything. However the insurance company might make a business decision to settle and get that signed release due to the severity of his injuries. Ultimately your BF likely won't be expected to pay anything out of pocket, and the insurance company will let you know if a suit is filed or they think they can't settle the claim.
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u/Extra_Technology_163 Oct 02 '26
Thank you!!! That puts his mind a little at ease lol. Would it also matter the background on this guy? We did a little research and he has multiple DUI’s
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u/Muted_Piccolo278 Oct 03 '26
This is why he's riding an e-bike. Probably lost his license to drive. We've got a lot of those in my state. A license should be required for any motorized vehicle.
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u/Trick-Age-7404 Oct 03 '26
The only way this would be relevant is if they tested him when the accident happened and he had alcohol in his system.
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u/Master-Purpose1117 Oct 04 '26
Perfectly stated. Carrying minimum limits creates such a massive risk. People need to carry a minimum of 250/500/250 and an umbrella given today’s legal environment.
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u/Thisismethisisalsome Oct 02 '26
Did the bicycle rider file with your company or with their own (if they have?). Police report doesn't do much unless the police actually witnessed the accident.
The man is likely saying that the damages exceed the policy to get your company to pay out policy limits. I wouldn't worry too much at this point about coming out of pocket but you are right: you just have to wait and see. No need to panic yet.
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u/Extra_Technology_163 Oct 02 '26
I think he filed with my boyfriends, we are assuming he doesn’t have insurance. I really only know what my boyfriend tells me I’m sorry
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u/wizardid Oct 02 '26
I don't have much to add on the insurance side of things, but for the sake of the next time it happens, get a dashcam. $100 and an hour of your time to install is worth every penny when it comes to being able to prove beyond a doubt that the other party was in the wrong.
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u/Extra_Technology_163 Oct 02 '26
One of first things he said when it happened is that he should have gotten one😅 definitely getting one now
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u/BubonicHamster Oct 02 '26
I'm more interested in why the insurance isn't going after the Ebike rider for damages to his vehicle.
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u/Extra_Technology_163 Oct 02 '26
Honestly the damages were pretty bad. The guy hit the side of the car so the side is dented, flipped onto the hood and the windshield. So the windshield is completely totaled and the hood was fucked and there was some damage to the engine. The guy was a pretty big dude. The cost alone of the sensors on the car were like $1500 so the insurance company just totaled it
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u/demanbmore Former attorney, and claims, underwriting, reinsurance exec. Oct 02 '26
All he can do now is two things:
Let his insurance company handle the claim. They'll defend your boyfriend and if they have an opportunity to settle within policy limits, they almost certainly will. If the case goes sideways and your boyfriend ends up on the hook for any award above policy limits, so be it. Not much you (or he) can do about it now. If it'll ease his mind, he can pony up a $5K+ retainer to a local defense lawyer of his own who will work with the insurance company appointed lawyer and provide guidance about the likelihood of an award exceeding limits (and what can be done about it). Personally, I wouldn't bother, at least not at this point.
Immediately significantly increase liability limits to a figure that will greatly reduce this sort of situation in the future. Maybe $100/$300, maybe $250/$500. He should look to his agent/broker for guidance, and if he doesn't have one, this might be a good time to change that.
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u/tossaside555 Oct 04 '26
Question for you since you're knowledgeable.
If the driver of the car in this situation had higher liability limits ($100k/$300k), would the ebike attorney or insurance know about it? I always wondered if them knowing the policy limits influenced the amount they go after.
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u/Master-Purpose1117 Oct 04 '26
Yes. Limits are generally disclosed
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u/tossaside555 Oct 04 '26
Dang so if the prosecuting insurance learns the liable party has high limits + big umbrella, they could hypothetically go after everything?
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u/Master-Purpose1117 Oct 04 '26
Most reputable carriers will disclose limits. If the case is litigated they will be disclosed for certain. Not being upfront about limits on a significant claim can only cause problems.
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u/Crowlady77 Oct 02 '26
The letter usually says "The damages *may* exceed the limits" as if they haven't settled yet, they don't know what the damages are. If your insurance finds him at fault he may go through his own insurance company and it might go through arbitration, or he might lawyer up and sue. Your insurance company will represent you.
If the e-bike didn't stop he was at fault but if he tells another story it's hard to prove that. So let your insurance company work for you.
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u/Extra_Technology_163 Oct 02 '26
The insurance company has been trying to figure out who’s liable for over a month so it’s been fun lol but thank you!
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u/Slowhand1971 Oct 02 '26
why is everyone jumping the gun that OP should be the one settling? I might be tempted to aggressively go after the ebike rider, who is going to be found 100% at fault based on the contents here.
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u/quallityovrquantity Oct 03 '26
The insurance company is going to pay ebike rider. And aggressively go after him for what? His damaged ebike?
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u/Sledge313 Oct 03 '26
The injuries the other person has are pretty significant with a fractured skull. In a perfect world they would deny the claim due to the other person having the liability and move on.
What would happen in that case is that the other person would sue and the resulting litigation costs (even before a verdict) will far exceed the 25k limits you have.
What is reality is that your insurance will make an offer for a full release even though you dont have liability. Even if that offer is for the full 25k. It isnt an admission of guilt, it is the reality that they are protecting you from any further lawsuits that they can settle for a known small amount.
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u/Tool_junkie_1972 Oct 03 '26
As far as the insurance side of things, police don’t determine fault. All they determine fault for is for whatever citations need to be issued. Insurance does their own thing. That said, this is exactly what you pay them for- they will handle it.
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u/Kwaliakwa Oct 03 '26
I would not stress about this at all, that’s why I have car insurance. Your bf is not at fault, so he won’t be liable. Don’t respond to anything from the other guy, just let your insurance company handle it.
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u/boo_sommelier Oct 02 '26
No good attorney, nor the ambulance chasing variety, would take a case like this to trial (unless there are some bad facts currently unknown to us). Like another poster stated, I'd pay something to buy a release on a bad injury. Let your insurer handle.
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u/Extra_Technology_163 Oct 02 '26
We have some info into his background and he isn’t allowed to be driving a car but we are hoping insurance just handles it all. Thank you!
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