Fighting a Denied Bicycle Accident Claim in Georgia: Know Your Rights and Next Steps

Disputed Liability (Comparative Fault)

The insurer may argue their driver wasn’t fully at fault. Georgia is a modified comparative negligence state, meaning if you (the cyclist) are found 50% or more at fault for the accident, you’re barred from any recovery. Even if you are less than 50% at fault, the insurance company will try to reduce what they pay by your percentage of fault. For example, if you were 20% at fault, any damages could be cut by 20%. Insurers often allege the cyclist was negligent – claiming you were riding against traffic, didn’t use proper lighting, ran a stop sign, or otherwise violated a rule – to shift blame and justify a denial or low offer.

Insufficient Evidence

Insurance adjusters may contend that there isn’t enough proof to support your version of events. They might claim there’s a lack of eyewitnesses, photos, or police findings clearly pointing to their driver’s fault. In Georgia, insurers know a claim backed by strong evidence is harder to deny. If your initial claim was missing key evidence (like the police report, traffic camera footage, or detailed medical records), they might deny it saying you haven’t proven liability or damages.

Policy Exclusions or Coverage Issues:

Sometimes an insurer will deny a claim by saying the policy doesn’t cover the accident. For instance, they may argue the at-fault driver’s policy wasn’t active (lapsed due to non-payment) or that the driver was excluded from coverage.

Damages Exceed Policy Limits

Georgia drivers are required to carry liability insurance (at least $25,000 per person for bodily injury). If your medical bills and losses are very high, an insurer might not exactly “deny” the claim but assert that the policy’s limits are exhausted. For example, if the driver only has the minimum $25k coverage and your losses are far greater, the insurer will only ever pay up to $25k. It’s important to verify the policy limits. If your claim was outright denied for being “above policy limits,” this could be an attempt by the insurer to avoid paying anything initially – when in reality they should pay the max and then you may need to seek other recovery (such as your own underinsured motorist coverage or a lawsuit against the driver for the rest).

Technicalities and Delays:

Some denials happen because of missed deadlines, paperwork errors, or technical policy requirements. For instance, not reporting the accident or claim in a timely manner could lead the insurer to deny it on a technical ground. Similarly, if forms were incomplete, or treatment was delayed (raising doubt about injury cause), the insurer might seize on these issues. They might also argue your injuries were pre-existing or unrelated to the bike crash. These tactics often aim to discourage you. Remember that under Georgia regulations, the insurer must clearly state the reason – if it’s something like “failure to provide documentation” or “liability not clear,” you have a chance to address that and challenge the denial.

Bad Faith Denials

Unfortunately, there are times when an insurance company denies a valid claim in bad faith – hoping you will simply give up. They might downplay their driver’s fault despite evidence, or refuse to engage in meaningful negotiation. In Georgia, insurance companies know that many injured cyclists are overwhelmed and might accept a denial without a fight. This is why it’s critical to understand your rights and not take an initial “no” as final if you believe your claim is valid. Unfair denials can be fought, and insurers can even be held accountable for bad-faith practices in some cases.

Georgia Bicycle Laws: Comparative Fault, Rights, and Responsibilities

Georgia law provides important protections for bicyclists, but it also sets standards for how fault is determined in accidents. Knowing these laws will help you assess whether the insurance company’s denial has merit or if they are overstating your “fault” unfairly.

Bicyclists’ Rights on the Road: In Georgia, bicycles are legally considered vehicles, and cyclists have the same rights to use the road as any other driver. This means you had every right to be in the lane or on that road where the crash occurred. Georgia law explicitly states that motorists must respect a bicyclist’s right to be on the roadway. For instance, if an insurance company tries to deny your claim arguing you “shouldn’t have been on a busy road,” that argument conflicts with Georgia law. Example: Georgia’s “Three-Foot Law” (O.C.G.A. § 40-6-56) requires drivers to give you at least 3 feet of space when passing – even if it means they must slow down. If a driver buzzed too close and hit you, the law is on your side. Likewise, you are generally allowed to use a full travel lane when safety requires it (such as to avoid potholes or when the lane is too narrow to share). Don’t let an insurer tell you that you were in the wrong for taking the lane; Georgia regulations permit it under many circumstances.

Cyclists’ Responsibilities: Having the same rights also means cyclists must follow the same traffic rules as cars. If you violated a traffic law, the insurer will almost certainly use that against you as evidence of negligence. Georgia cyclists are required to: obey traffic signals and stop signs, ride with the flow of traffic (not against it), signal turns, and generally stay as far to the right as practicable except when making left turns or avoiding hazards (O.C.G.A. § 40-6-294). Also, cyclists over 12 years old should not ride on sidewalks in most Georgia localities. If the insurance company claims you broke a law (e.g. rolled through a red light or were on the sidewalk illegally when hit), that could affect your claim. However, even then, it doesn’t automatically void your case – it goes into the comparative fault analysis. For example, failing to stop at a stop sign might assign some percentage of fault to you, but if the driver was also negligent (maybe they were speeding or distracted), they still bear a majority of blame. Each situation is unique, and Georgia’s comparative fault law will weigh both your actions and the driver’s.

Helmet Use and Other Factors: Georgia law requires helmets for cyclists under 16 (O.C.G.A. § 40-6-296), but not for adults. If you weren’t wearing a helmet and you’re an adult, the insurer might not deny the claim outright, but they could argue your head injuries are partly your own fault. They often contend that had you worn a helmet, your injuries would be less – trying to reduce what they must pay. Georgia courts generally allow such arguments as part of comparative fault (reducing damages if not wearing a helmet contributed to the severity of injury). However, not wearing a helmet does not prohibit you from recovering altogether, especially for injuries not related to the head. Similarly, other factors like using headphones or not having a light at night could be brought up. It’s important to counter these by showing the primary cause of the accident was the driver’s negligence (e.g., the driver failed to yield or was texting while driving). An insurer’s goal is to find anything to diminish your claim, but Georgia law focuses on the proximate cause of the crash – usually the driver’s actions when a cyclist is hit by a car.

Insurance Claim Procedure in Georgia

Georgia is an at-fault insurance state, meaning the driver who caused the accident (and their insurer) is responsible for your damages. After a bicycle-car accident, you generally file a claim against the driver’s liability insurance. That insurer has a duty to handle your claim in good faith. They must investigate, and if they deny the claim, they are required to explain the reasons in writing. This is a protection for you – it forces the insurer to spell out why they think they don’t owe money. Commonly, they will cite one of the reasons discussed above. If you believe the denial reasons are incorrect or unfair, Georgia law gives you avenues to appeal or challenge the decision (as we’ll cover below). Keep in mind also the statute of limitations in Georgia: you typically have two years from the date of the accident to file a personal injury lawsuit (O.C.G.A. § 9-3-33) if needed. Insurance negotiations do not extend this deadline. So while you deal with the insurance process, the clock may be ticking. If a claim drags on or denial isn’t reversed, you may need to file suit before the two-year mark to preserve your rights.

Understanding these laws and rules arms you with knowledge to push back on an insurer’s denial. Next, we turn to the practical steps you should take when your bicycle accident claim is denied.

Consult a Georgia Bicycle Accident Attorney –

Dealing with a claim denial is stressful, and insurance companies have teams of adjusters and lawyers on their side. One of the most practical steps you can take is to get professional legal help. An experienced personal injury attorney (especially one familiar with bicycle accidents) can take over the fight, allowing you to focus on healing. They can evaluate the strength of the insurer’s reasons, gather any additional expert evidence needed, and negotiate directly with the insurance company on your behalf. Often, once an insurer sees you have legal representation, they become more willing to find a fair resolution. Your attorney can also ensure all legal deadlines are met and, if needed, file a lawsuit to let a jury decide fault and damages. Importantly, a lawyer brings objectivity and deep knowledge of Georgia law – they know what fair compensation looks like for your type of injuries and won’t be intimidated by insurance tactics. Don’t hesitate to reach out for a free consultation with a lawyer if your claim has been denied – most injury attorneys (including our firm) only get paid if they recover money for you, so it often costs nothing upfront to get case advice. This leads to our final point: you don’t have to go through this alone.

A denied insurance claim doesn’t have to be the final word. At Bourne Law Firm, we understand how devastating a bicycle accident can be – and how disheartening it is when an insurance company refuses to compensate you for injuries that weren’t your fault. You’ve been through enough. Our team is here to stand up for your rights and turn that denial around with determined legal action. The sooner you involve our legal team, the sooner we can start fighting the denial and protecting your rights. We invite you to contact Bourne Law Firm for a free, no-obligation consultation about your bicycle accident claim. We’ll honestly assess your situation and outline a plan to get results. You can reach us by phone or through our website contact form – let us handle the legal burdens while you focus on healing.

Don’t give up because an insurance company said “claim denied.” With the right help, that denial can be overturned. Georgia law is on your side as an injured bicyclist, and we are ready to enforce it. Reach out to Bourne Law Firm in Cumming, Georgia, today – let us turn your hard-won evidence and story into the compensation and justice you are owed. We’re here to help you get back on the road to recovery, with the financial support you need and deserve.