Injured Cyclists’ Impressions of the Criminal Justice System in Their Cycling Cases

As a follow-up to my last posting about the criminal justice system in cycling cases, I asked three of my current cyclist-clients to answer questions about their thoughts and perceptions regarding how their case was handled in the criminal justice system.  Before I ask them their impressions, here are brief summaries of each incident that caused their injuries.

Client 1:   The collision which caused my injuries occurred as I rode through an intersection.  I was hit broadside by a motorist driving a pickup truck who entered the intersection after failing to yield the right of way.  The motorist (approximately 44 years of age) claimed he did not see me until just before colliding with me.  The collision took place in broad daylight and there were no obstructions to visibility such as other traffic, landscaping, or short sight lines.  I sustained multiple serious injuries including:

  • fractured right femur (thigh bone) near the hip joint,
  • severe contusion (bone bruise) to the right femur,
  • impingement of the right shoulder, and
  • extensive, severe road rash on my right side.

The location and nature of the femur fracture necessitated complete hip joint replacement surgery.

Client 2:  The bicycle, motor-vehicle collision that caused my injuries occurred near an intersection on a main thoroughfare in Highlands Ranch.  I was riding in the bike lane as I approached the intersection.  A pickup truck driven by a 16-year old girl came alongside me in the right hand turn lane with the right turn signal blinking.  Because there was not a traffic signal or stop sign, I assumed that the motorist would allow me to continue straight on through the intersection in the bike lane before she turned right.  Instead, the motorist turned to the right when she was abreast of me and hit me. 

As the result the collision, I sustained a fractured acromion (shoulder), rib contusions, and severe road rash.  My helmet was cracked and my bicycle was severely damaged. 

Client 3:  The bicycle, motor-vehicle collision that caused my injuries occurred at the intersection of the C-470 bicycle path and Santa Fe road.  I was in the crosswalk when I was struck by a motorist who failed to yield the right of way.  The estimated speed of the truck at the point of impact was in excess of 20 m.p.h.  The force of the impact threw me clear of my bicycle and instantly knocked me unconscious. 

I sustained serious injuries to my head (including a concussion and short-term memory loss), my left ear, my left shoulder, my right hand, and both of my legs.  My bicycle was totally destroyed.

 

MMH: What impressions did you have of the criminal justice system prior to your collision?

Client 1: Until my recent bicycle, motor-vehicle collision, I had never had any traffic related interaction with the criminal justice system. Therefore, I didn’t really have any specific impressions or expectations of the criminal justice system or how it worked other than a somewhat vague notion that it provides a way to recompense the victim (cyclist) who was injured in a collision and punish the Defendant (motorist) who was at fault.  Because I was unfamiliar with the system, I decided that it would be in my best interest to hire an experienced attorney who also had a cycling background.

Client 2: My pre-accident impression of the criminal justice system was that the system was overwhelmed and they (the DA's office) would do everything to expedite a settlement to keep it from going to trial. I also had the impression that whoever could afford the best lawyer had the best chance of avoiding punishment. In my particular case, it appeared that the Defendant’s (motorist’s) insurance company was not going to admit fault and I was concerned that the Defendant might fight the charges and end up going unpunished. I felt reassured that I had a very good attorney. I can't imagine trying to go through the process without legal representation.

Client 3:  My impression was that the criminal justice system was slow, complex, and that it takes a long time for cases to be adjudicated. Also, it seems that the system is focused on the Defendant without much regard to the victim’s circumstances and input. 

 

MMH: What expectations did you have of the DA’s office and the system in “meting out” justice in the criminal case against the driver? Were you surprised at the delay in court, any re-settings of the case, and the perceived delay associated with the process?

Client 1: As the victim of a criminal act, I expected that the DA’s office would have had a fair degree of personal concern and a close communication with me regarding the case.  However, I found it to be more like going to the Department of Motor Vehicles; bureaucratic and fairly efficient but distant and mostly impersonal. I understand that they are chronically overloaded with cases and under pressure to move as many cases as possible through the system as fast as possible, but I found it less than satisfying to be treated as just another case. However, my expectations of the system in meting out justice in the criminal case against the Defendant (motorist) were, for the most part, met. I was pleasantly surprised that there were no long delays in court, no resetting of the case, and no unexpected delays in the process.

Client 2: I did not expect the DA's office to be interested in what I wanted. I assumed that they were mainly interested in clearing this case off their docket as quickly as possible. I was pleasantly surprised when the DA and the Victim's Advocate met with Megan and me prior to meeting with the Defendant and her attorney. The DA explained the law to us and what she would be able to offer to the Defendant. She also asked what our expectations were and what kind of punishment might be appropriate. Since the Defendant was an inexperienced 16-year old driver, we were not interested so much in punishment but more in an admission of guilt and educating the Defendant to be a safer driver. 

 

We were pleased that the DA listened to us and that she was able to reach a mutually acceptable agreement with the Defendant and us. We were also pleasantly surprised that the DA was able to put the case in front of the Judge that day and we were able to resolve the case in one trip to the court house.


Client 3:  My expectations were that the wheels of justice would turn faster.  The long wait to obtain a police report and information concerning the insurance status of the Defendant was frustrating.  I was surprised that it took two months for my case to be heard because it seemed to me that it was fairly unambiguous and straight forward.  During this time, the Defendant sat in jail waiting for sentencing, and I as the victim was not able to proceed with claims until the criminal case was closed. 

MMH: Were you surprised to learn that a police report citing a negligent driver at fault in a cycling case is not necessarily indicative of whether their insurance company will accept liability?

Client 1: This was the first time I have been party to a case where a police report cited a negligent motorist at fault in a bicycle-motor vehicle case. Therefore, I was surprised to learn that a police citation may not be enough to convince the Defendant’s insurance company to accept liability for the property damages and medical costs.

Client 2: Since everyone in this country is innocent until proven guilty, I was not surprised at the insurance company's refusal to accept liability. However, I was surprised that we could not get the eye-witness report before we went to court. I later learned that this was because the case was still under investigation and could have altered my recollection of the accident had I been called on to testify. Eye witnesses are critical in these cases and if you ever witness an accident please take the time to stop and give a report to the authorities.

Client 3:  Yes, because in my experience with motor-vehicle to motor-vehicle accidents a police report is all that insurance companies depend on to litigate their responsibility and coverage.  I originally thought that my case was a civil case rather than a criminal case.  I’m still not clear about that distinction but there doesn’t seem to be much difference from a victim’s perspective.

MMH: What were the impressions of the way the criminal process unfolded in your particular case?  Were you satisfied?  What emotions did you experience when you saw the Defendant in court?  What feelings did you experience as you observed the Judge consider the case and render the sentence?  What sentence was rendered?  Were you satisfied with it?

Client 1:  Overall, I was satisfied with the way the criminal justice process worked in my case. To a large degree I think this outcome was the result of my attorney and I being actively involved in the case early on. 

Seeing the Defendant (motorist) in the courtroom was somewhat traumatic although less so than I had imagined it would be. However, it helped defuse the chaotic emotions that I had felt since I was injured in the collision nearly three months earlier. The Defendant appeared to be genuinely remorseful and pled guilty to the charges against him. He unequivocally accepted blame for the collision and then apologized to the court and to me for his careless and negligent behavior.

As I observed the Judge consider the case and render the sentence I felt relieved that I had been heard. The sentence consisted of a fine and jail time.  However, the jail time would be suspended if the Defendant attended driver’s safety education classes.  If he did not fulfill this requirement, a warrant would be issued for his arrest and he would serve the jail time. I felt that the sentence was fair and just because it held the Defendant accountable and also gave him the opportunity to lessen the severity of the sentence by attending the driver’s safety education classes which might help him become a more mindful and safer motorist.  

I was particularly moved by the Judge’s comments before sentencing. He said that he “could not imagine the pain and suffering that both parties have experienced as the result of the Defendant’s negligent behavior”.

Client 2:  I was very satisfied that in my case, the criminal process was effective and the outcome of the court process was acceptable. I was satisfied with both the verdict and the punishment that was handed out to the Defendant.  

I was very nervous about being in court and seeing the Defendant and her parents. I was glad to have my attorney there to be my guide and spokesperson. In court, the Judge seemed to be very professional, however, very personable and understanding. My attorney was able to make a statement on my behalf prior to the handing down of the verdict. I was very surprised when the Defendant asked to make a statement. The Judge allowed her to speak and then she turned to me and said, "…I want to apologize for what I did to you. I'm sorry". I accepted her apology and forgave her. Justice was served! The system worked!

Client 3:  Prior to engaging an attorney, I was confused and frustrated because I did not understand the process and I was overwhelmed by uncertainty.  After the process was in the hands of an attorney, I was able to stop worrying. The court process was re-assuring because it allowed me and my attorney to provide input to the Judge and DA.  I felt that it gave me some semblance of recovering control over my life and made it easier for me to move on.  I was interested in seeing that justice was done. However, I did not feel that seeing the Defendant in court made any difference because the Defendant, while responsible, did not hit me intentionally or with malice. I was only seeking justice in the sense that the Defendant be held accountable in light of his previous driving record.

I am satisfied with the sentence the Defendant received.  However, I am skeptical that this sentence will prevent the Defendant from driving again without a license, in an uninsured motor-vehicle and perhaps committing another offense.

It was particularly frustrating that the system does not allow for the verification of the Defendant’s residence status in this country.  Therefore, I suspect that this may just produce a series of offenses and sentences.  It seems to me this is a waste of time and resources, not to mention the potential human misery and damage caused along the way.

MMH: What are your post-court observations?  What advice would you give other cyclists facing similar circumstances?  Was it a waste of your time?

Client 1: In my opinion, the court process was valuable on several levels and was, therefore, time well spent. Participating in the court process:

  • defused my pent-up chaotic emotions about the motorist and the incident,
  • gave me an opportunity to voice my concerns to the court and the Defendant,
  • gave me an opportunity to offer input to the Judge before sentencing, and
  • allowed me to see the Defendant as a fellow human being who had tragically made the mistake of behaving in a negligent and careless manner, rather than a mean-spirited enemy of human kind.

I strongly encourage any cyclist who finds themselves in a similar circumstance to participate in the criminal justice system. For me, it was an important part of the complex physical, emotional, mental, and spiritual healing process.

Client 2:  I am thankful that I am back on my bike training for the spring race season and that I was not injured more seriously. I do tend to look over my shoulder more and I am less trusting of motorists. I encourage all cyclists who are involved in an accident to file a police report, obtain names of witnesses, and get a lawyer that has experience with bicycle-related cases.  Not only will an attorney guide you through the criminal justice system, but also through the bureaucracy of insurance companies. I would have been lost without my attorney and greatly appreciated her direction through this process.

Client 3:  My advice is to get an attorney to represent you because it is almost a full-time job just dealing with the injuries.  Trying to navigate the criminal justice system and deal with insurance companies on your own is overwhelming.  I tried to do it until I realized that it was way over my head and was more stress than I could manage.  In my opinion, the entire process is an inefficient use of time because it takes time from leading a normal life.  However, it is not a waste of time in the sense of meting out and receiving justice. 

By Megan M. Hottman – edited by Michael P. Colchin

A Quick Review of Important Auto Insurance Coverage For Cyclists

Right now, go get your auto policy “DEC” page(s).  Seriously.  I’ll wait.  Go get it.  This is the page that comes on the front of your policy; it line items your coverage and premiums page per item.  Grab the DEC page for each vehicle/scooter/motorcycle you own, as well as those for any “resident-relatives” with whom you share your residence (typically defined as related by blood or marriage).

            We are looking for two specific types of coverage that come up in almost every case involving a cyclist injured by a motorist (i.e. there is at least one motor vehicle involved).  We are looking for MPC (med pay coverage) and UM/UIM (uninsured/underinsured coverage). 

            I hope you find that on each policy, you do in fact have MPC and UM/UIM coverage.  If you do not, please call your agent to discuss your options.  Here’s why: 

            MEDPAY coverage –provides medical benefits coverage in any accident involving a motor vehicle, regardless of fault.  It usually costs $2-4 per month, and it provides you $5,000 (typically, though it can be more) in medical benefits.  This can cover copays or health insurance deductibles, as well as medical bills from the ambulance or emergency room.  Your massage, chiropractor, acupuncture, dry needling bills can all be covered too.  Any medical expense you incur from the accident is covered, so long as it is medically necessary and reasonable, up to the policy limits. 

            UM/UIM coverage – if you are hit by a car while riding your bike and the car drives off (aka, a hit-and-run), your Uninsured motorist coverage kicks in.  If you are hit by a motorist with minimal insurance coverage (i.e. $25,000, the minimum coverage required in Colorado) and your damages far exceed those limits, you would first recover policy limits from the driver’s insurance company and then you would pursue a UIM (under-insured) claim with your own auto insurer.  This can be critical, as often in cyclist-motorist collisions, the cyclist suffers extensive bodily injury and incurs very high medical bills.  As a result of their injuries they may also miss a lot of work.  UM/UIM coverage will pay for things like medical bills, lost wages, pain and suffering, and more. 

            In addition, if you want to increase possible coverage, for these or any other claims you may be filing, you can add an “umbrella” policy to all of your existing policies.  To add an additional $1 million in insurance protection will run around $300 per year.  This will stack on top of any automobile or homeowner coverage you have on your existing policies.  In the event of a catastrophic accident involving a cyclist who incurs permanent and life-altering injuries, these umbrellas can be the difference between getting back on one’s feet financially, and filing bankruptcy resulting from the medical bills. 

            Call your agent to review your policies and discuss options.  Keep in mind it is up to the cyclist (or policyholder) to initiate the above claims with the auto insurer.  These claims should be opened as soon after the accident as possible, to prevent any possible denial from the insurer due to delay or failure to provide adequate notice of the accident.  If you plan to hire an attorney, let them initiate these claims on your behalf.

            One final note: If each vehicle is listed on a separate policy and you pay a separate premium, your policies can be “stacked” pursuant to Colorado law.  This means that if you have 3 cars, each with a separate policy and premium, your $5000 MPC coverage may triple to $15,000, for example.  Often, insurance companies will include anti-stacking language in their policy.  It may or may not valid under Colorado law.   A thorough review of your entire policy is often needed to determine coverage applicable to the circumstances.

 

For more insurance coverage information, please refer back to an earlier article I posted: http://303cycling.com/what-cyclists-should-know-about-insurance

How Does the Criminal Justice System Work in a Motorist-Cyclist Collision Case?

I am sure most of you have read the comments posted to cycling websites and news sites following a motorist-bicycle accident.  When cyclists perceive that the motorist was behaving irresponsibly, it seems many of the comments posted allude to the fact that the driver should have been charged with “attempted assault” or “attempted murder.”   In this emotionally charged environment, the reality of the operation and function of the legal system commonly is distorted or completely misunderstood.

**SIDENOTE: Keep in mind that insurance does not cover an intentional tort, or a crime. So while many in the cycling world want an at-fault motorist charged with "Vehiclular assault" or similar, such a charge may result in "justice" in the criminal case but it will likely result in a $0 recovery in the civil case against the motorist's insurer.  Why?  Because they can, and will, deny the claim based on the fact that they do not insure criminal acts!  Many cyclists prefer a civil monetary recovery over having the "book thrown" at the at-fault driver.  Keep this in mind the next time you feel the DA went "too easy" on a motorist, by charging them with careless driving.  Such a charge enables the cyclist to pursue and often receive, a civil recovery.  

 ***

I thought it might be helpful to explain the charges and the elements that must be proven to support those charges so that we cyclists can all get on the same page when it comes to the criminal charges (and traffic citations) frequently issued in these cases.  Please note- this article does not discuss the civil actions that can be filed against the motorist (e.g., a personal injury lawsuit).

Let’s begin with a basic description of the criminal process.  Cases involving criminal charges are prosecuted by the District Attorney’s office on behalf of the State of Colorado. The injured cyclist is not a named party to the action but as the victim, is actively involved in the process. 

Depending on the citation given at the accident scene (a redacted summons is shown here as an example), or any later amendments to those charges, the case may require a mandatory court appearance by the motorist (Defendant) called an arraignment.  At this court appearance, the Defendant has the option of entering a plea of guilty or not guilty.  The Defendant may choose to enter a guilty plea because the District Attorney (DA) has offered a lesser sentence in exchange for an acceptance of guilt.  The DA will take into account the victim’s (cyclist’s) input in the plea bargaining process, as well as other factors.  If this happens, the case is called and the judge hears the DA’s recommendations and the Judge will ask some questions of the Defendant (or their attorney), such as whether they understand they are waiving certain rights.  Then the Judge will frequently proceed directly to sentencing. 

On the other hand, the Defendant may enter a plea of “not guilty,” either because they feel they did not commit the crimes they are charged with, or they believe that the DA’s office will be unable to prove it at trial.  A not guilty plea results in the case being set for a criminal trial, which usually occurs several months later.  The victim cyclist will remain involved in this process and will usually be asked to testify.  At the trial, a jury will determine guilt or innocence of the Defendant.  If the Defendant is found guilty, a sentencing hearing will be set a few weeks after trial.  At that hearing, the Judge will render the sentence after considering all factors involved.

Whether or not the case is set for an arraignment, the DA’s office (or their victim witness office) will usually contact the cyclist and ask them to complete a “victim impact statement” as well as a calculation of damages, (such as bike repairs, medical bills, lost wages, and other “hard” costs).  These damages are used to determine the amount of monetary restitution owed by the Defendant.  (Restitution does not include pain and suffering; pain and suffering damages are only awarded in a civil case).  The DA may recommend that the judge order restitution as part of the plea agreement or final sentencing if the Defendant’s liability insurance is inadequate to pay these costs (or if the Defendant is uninsured). The victim impact statement is the cyclist’s opportunity to state their thoughts and feelings about the accident and how it has affected their life.  This statement is read by the DA as well as the Judge prior to sentencing. Commonly, the cyclist has the opportunity to speak on their own behalf prior to sentencing, to explain to the Judge how the accident has negatively impacted their life. 

Whether the defendant enters a guilty plea, or a jury finds the defendant guilty at trial, it is up to the Judge to determine a sentence based on:

  • the DA’s recommendation (with consideration given to victim’s damages)
  • the Defendant (motorist’s) criminal history
  • defense counsel’s recommendation
  • the sentencing guidelines for that particular violation 

Let’s move on to a discussion of the two most common citations issued in cases where a motorist causes a collision with a cyclist: reckless and careless driving.  We’ll then compare them with the more serious felony charge of vehicular assault.  Each statutory section contains the elements the police must investigate and that the DA must later prove at trial.  I will not discuss attempted murder here.

C.R.S. § 42-4-1401. Reckless driving--penalty

(1) A person who drives a motor vehicle… in such a manner as to indicate either a wanton or a willful disregard for the safety of persons or property is guilty of reckless driving…

(2) Any person who violates any provision of this section commits a class 2 misdemeanor traffic offense. Upon a second or subsequent conviction, such person shall be punished by a fine of not less than fifty dollars nor more than one thousand dollars, or by imprisonment in the county jail for not less than ten days nor more than six months, or by both such fine and imprisonment.

By way of example, in civil cases, Colorado Civil Jury Instruction 9:30 defines willful and wanton conduct as:

“Willful and wanton conduct”/”wanton and reckless disregard of the rights and feelings of others” means an act or omission purposefully committed by a person who must have realized that the conduct was dangerous, and which conduct was done heedlessly and recklessly, either without regard to the consequences, or without regard to the rights and safety of others, particularly the plaintiff.

Applying this definition in the context of a case where a cyclist is hit from behind by a motorist, you can understand how difficult it would be to prove the INTENT or purposeful commission component of this definition unless there were witnesses behind or next to the car who observed the driver steer directly into the cyclist.  This is why most cycling cases result in a CARELESS driving citation given to the driver.  It can be basic “Careless driving” (minor injuries), “Careless driving causing bodily injury,” or “Careless driving causing serious bodily injury”.  Serious injuries are usually defined as sprains, fractures, extended hospitalization, or surgery.

A “Careless driving causing serious bodily injury” charge is not a ticket the driver can simply pay; it is a criminal charge and requires a mandatory court appearance (arraignment as discussed above).

§ 42-4-1402. Careless driving--penalty

(1) A person who drives a motor vehicle… in a careless and imprudent manner, without due regard for the width, grade, curves, corners, traffic, and use of the streets and highways and all other attendant circumstances, is guilty of careless driving.


(2)(a) Except as otherwise provided in paragraphs (b) and (c) of this subsection (2), any person who violates any provision of this section commits a class 2 misdemeanor traffic offense.

(b) If the person's actions are the proximate cause of bodily injury to another, such person commits a class 1 misdemeanor traffic offense.

(c) If the person's actions are the proximate cause of death to another, such person commits a class 1 misdemeanor traffic offense.

Both offenses of reckless driving and careless driving consist of elements of fact that include driving a motor vehicle, and possessing a state of mind in “disregard” of or “without due regard” for safety.  The two offenses differ only in that the degree of negligence required is far more culpable in reckless driving, although it falls short of intentional wrongdoing. People v. Chapman, 1977, 557 P.2d 1211, 192 Colo. 322.

Here are the sentence ranges applicable to a class 1 or class 2 misdemeanor:

Classes

Minimum Sentence

Maximum Sentence

Class 1

6 months / $500 dollar fine or both

 18 months / $5,000 dollar fine or both

Class 1

(extraordinary risk)

6 months / $500 dollar fine or both

24 months / $5,000 dollar fine or both

Class 2

 3 months / $250 dollar fine or both

 1 year / $1,000 dollar fine or both

 

 

 

 

Compare the two charges’ elements above, to the more serious felony charge of vehicular assault:

§ 18-3-205. Vehicular assault

(1)(a) If a person operates or drives a motor vehicle in a reckless manner, and this conduct is the proximate cause of serious bodily injury to another, such person commits vehicular assault.

…

(c) Vehicular assault, in violation of paragraph (a) of this subsection (1), is a class 5 felony…

On a class 5 felony, a Judge may impose 1 year prison (presumptive minimum) up to 3-4 years in prison (presumptive maximum).

            While I understand cyclists are often outraged when they read of these incidents, and feel that motorists sometimes get off “easy” in these cases, it is important to remember that the police and the District Attorney have burdens they must meet in order to charge a defendant criminally and in order to prosecute those charges.

            I recently attended an arraignment of a motorist that hit my client causing him a broken hip, which resulted in a total hip replacement.  The driver showed immense remorse in the courtroom, and apologized to the judge and to my client.  The DA offered a plea deal which included fines, driving classes, and the threat of jail time if he fails to perform those tasks.  It is amazing how a bold, defiant motorist at the collision site becomes very remorseful and apologetic when called in before a Judge and informed they face jail time.  His apology left an impact on my client who left the courtroom with a sense that justice had been served.  More importantly, an apology from the driver commonly has a very positive impact on the cyclist and helps them begin to put the incident behind them.

            I have also attended an arraignment recently where the law officer’s original citation was phrased “disobeyed red signal light” so the judge sentenced the driver to simply pay a fine.  The police report did not note bodily injury although my client did have to undergo surgery for the injuries he sustained.  On the date of the arraignment, the Judge did not give us an opportunity to inform him or the DA about the bodily injury sustained by my client.  The driver paid the fine and the case was closed.  This was immensely dissatisfying, and my client and I both felt that justice was not served in this instance.  For this reason, I always recommend that cyclists who are diagnosed with a serious injury following the accident IMMEDIATELY notify the responding law enforcement agency and/or the DA, so that the charges can be amended and a proper court hearing can be held.  

Many cyclists tell me they do not want to “mess with” the criminal case proceedings.  They do not want to take the time to sit in court (sometimes three or four times, if the hearing is rescheduled or reset) and many times they do not wish to see the motorist in person in a courtroom.  They prefer to distance themselves from the situation and wish to just focus on the civil action.  However I strongly encourage my clients to take part in the criminal case proceedings.  They are the victim and they need to voice their position and inform the court about the effects the accident had on their life.  Both the criminal and civil cases deserve attention and energy from the cyclist.  It is important for them to invest themselves in the process in order to obtain the best possible result.

            I hope cyclists can see how the criminal and civil justice systems work in these cases.  Also that the motorists involved are punished even if the public perception is that they “got off easy” which in reality is seldom the case.  It is important to remember that they must live with the knowledge in their conscience that they seriously injured a fellow human being. And while it may not seem like it bothers them at the scene, you can rest assured that it will sooner or later.  I’ve talked with many motorists who report anxiety, nightmares, regret, shame, and the need for professional psychological counseling after colliding with and injuring a cyclist. 

            With the foregoing in mind, I encourage the cycling community to remember that the system works, and that there is frequently more going on behind the scenes than is perceived by the public eye.  Often, media postings do not provide all of the details, nor does the public typically hear of the ultimate resolution in a case.  Before you get upset and post a scathing or irrational comment online (that reflects poorly on cyclists), please be sure you get all of the facts first.

*Many thanks to Michale Colchin for his assistance in editing this article.

What is Medpay (MPC)?

As the attached American Family Insurance Brochure states, Medpay ("medical expense coverage") 

"protects you and others in the vehicle. It pays for reasonable and necessary medical expenses due to accident-related bodily injury, regardless of who is at fault.

Medical Expense covers:

• You and the passengers in your insured vehicle.

• You and your passengers when you’re driving another vehicle with permission.

• You and covered persons in your household while riding in other vehicles.

• You and covered persons in your household if you are struck by another vehicle as a pedestrian.

Funeral expenses (up to a maximum of $2,500) are also covered under Medical Expenses.

Medical and funeral services must be performed within one year of an accident to be covered.This is extended to three years if you have more than $10,000 of Medical Expense coverage."

(For an example of actual policy language, click SF certified policy -medpay portion only.pdf).

How does this coverage apply to cyclists -and more importantly, why should you as a cyclist have this coverage on your auto insurance policy?

BECAUSE: "You and covered persons in your household if you are struck by another vehicle as a pedestrian" = you are covered if you are hit by a car while riding your bike (for this purpose cyclist = pedestrian).

... most of the time, these policies require only that a vehicle be involved in the accident.  It need not be YOUR vehicle.  If you are struck by a car while riding your bike, your MPC coverage applies!  This coverage is no-fault coverage, meaning the cyclist should strike a car and be entirely at-fault for causing the accident and ...MPC still applies!

Why does this matter?  As more and more cyclists opt out of having health insurance, or have health insurance but with a huge deductible, they need help paying medical bills that result from a car-bike accident.  MPC limits are typically $5,000 and the premium for this benefit is very low -usually around $3-4/month.  You can also upgrade to $10,000 or even $25,000 with certain auto insurers.  For a minor premium, a cyclist can purchase coverage that will help them pay medical bills right after the accident, with or without health insurance.  

*Medpay is usually required to pay first responders first, within the first 30 days of the accident (Ambulance and ER).  Typically the provider will bill MPC at "retail prices" - not the prices your health insurer would pay.  This means a $1200 ambulance ride will be billed to MPC at the full price -not at the substantially reduced price your health insurer would pay.  

MPC can also be used to reimburse the cyclist for out of pocket medical expenses -bandages, wraps, slings, creams, prescription and OTC drugs, massage therapy, chiropractic care and more.  

An insurer providing MPC benefits will require itemized billing statements with billing codes and they are quite picky about the information they require before they will pay the benefits.  A cyclist must be diligent in either compiling this documentation on their own or ensuring their providers are suppying it to their MPC insurer.  A cyclist's failure to ensure bills are timely paid by MPC may result in the cyclist being sent to collections for non-payment of a medical bill. 

MPC usually will pay medical expenses for up to 1 year following the accident.  

For these reasons, we recommend every cyclist get MPC coverage on their car and that they initiate a MPC claim with their auto insurer right after an accident!