Crash Liability Questions

You carry potential liability doing pretty much anything. Cyclists in a group ride assume a certain amount of risk, but that wouldn't matter if someone was being reckless or negligent.


Also, NEVER ride in aero bars in a group.

None of my regular riding partners would ever look to come after me seeking damages etc. if I was the cause of the accident etc. I think there may be a "riders code" of some sorts. I have never heard of such a thing as you decribed but that doesn't mean it hasn't or won't happen. A TT bike on a group ride can be dangerous, especially if the rider is in aero. I only have one bike, a road bike with clip-on aerobars, I used to ride it with the aerobars on group rides because I would never drop to the bars. But early this spring I had to brake hard then the thought crossed my mind about what would happen if my bars ended up in the back of the person in front of me. Now I just remove the bars on every group ride.

First: riding a tri bike in groups is fine as long as you are not in your aero bars. It's no different than years ago when you had you shifters on the down tube. If you ride in you aerobars in the middle of a group I would be surprised if you were not screamed at immediately. If you are in a group of pure roadies they won't like that your on a tri bike no matter what, unless you ride with them a lot and they are comfortable with you handling abilities.

Second: Liability- I've never heard of this being an issue. Not sure how it would hold up in court since there is bike license of proficiency skill test to take in order to ride. Then if someone goes down and causes an accident, them, the crack in the road, the guy in front who didn't call it out?

I think it would be very difficult to make anything stick.

Down tube shifters don't stab people in the kidneys when you wreck....

Good point! I was just thinking about handling aspects.

This user's post has been ignored.

Edited by Fred D 2014-07-07 11:11 AM

Part of what made me think about this was that every time I have a significant healthcare expense, my insurance company sends my a questionaire asking about the "cause" and if it's an accident involving or caused by someone else.

I suspect that, if a cyclist filed a claim on their medical insurance to cover injuries, they would actually subrogate the right to pursue reimbursement to the insurance company. I agree with the sentiments expressed about the risks we all voluntarialy take, but I wondered if our health insurance companies routinely pursue these types of claims.

If I am taking this case to court, my question is what did you expect when you went on the group ride? if there is a clear, no aero bars policy but you showed up and rode a tri bike despite the rules, and it can be proven that you, the guy riding in the aero bars caused the crash because you couldn't break fast enough, because you couldn't handle the bike as quickly, or you caused more serious injury than would a road bike, there is a good case for liability. on the other hand, if I were on the other side of the table, I would argue that while you knew there was a no tri bike rule, I acquiesced to the breaking of that rule when I saw you show up with a tri bike, didn't say anything and rode in the group anyway. Of course, the response to that could be lots of things - I didn't know you were going to get in the middle of the pack - I thought you had the sense to stay in the back, etc.

short answer - no clear cut win re: liability, but the more you failed to follow the ride rules, the more of a foothold there is for a law suit.

and speaking of U.S. law suits that make you wonder how they found an attorney to file that one:

http://sports.yahoo.com/blogs/mlb-big-league-stew/fan-who-fell-asle...

How about if I weigh in here as an insurance agent? In most cases you would be covered by your homeowners insurance. I say most because they may exclude some things like organized races, any event where you get paid etc. Always read the exclusions.

In general though if I am out on a group ride that isn't sanctioned by someone my homeowner's policy will cover me for the liability portion. The word 'liability' is important here. That is the only part of the plan that will cover you. So if you carry $300,000 of liability that is the max they will protect you for.

Please forgive me here but I am going to go a bit deep into the grass for just a minute because there are a few things that you should know. Don't expect the person's health insurance to limit your liability. Let me use this example.

I was hit last year and fractured my hip. The hip replacement surgery was billed to my insurance company at $102,000. The network negotiated rate was about $30,000. I had a $11,000 max out of pocket (which I paid) so my carrier paid $19,000. So if you caused the accident who could you be sued by:

I could sue you for the $11,000 I had to pay.
My insurance company could sue you for the $19,000 they paid to the hospital.
The hospital could sue you for the network discount they gave for the remaining $72,000.

But we are not done yet:
I could also sue you for pain & suffering, lost wages, rehabilitation costs, a new bike etc.

In this example $300,000 would not go very far. I always recommend that everyone consider a personal umbrella policy on top of your home and auto. It's cheap and provides a lot of coverage for the money.

BTW - if you are on a bike or anywhere for that matter not in a car, and you get hit by a car, if you have the coverage, YOUR auto insurance may pay under your Medical Expense coverage.

Now for the disclaimer which I have to put here (sorry): This is intended for informational use only. It is NOT intended as a solicitation in any way shape manner or form. You are advised to seek counsel form a qualified and licensed agent in your state for more information on your particular needs and circumstances.