FIRST: If the bicycle rider has car insurance, then all the benefits afforded under the car insurance policy will apply in an accident with a bicycle rider. Your automobile policy covers you on a bicycle, as a pedestrian, and in your own car and the cars of your friends. It does not cover you operating a motorcycle, although in some instances your auto insurance may cover you as a passenger on a motorcycle for medical benefits. If you have auto insurance and you are injured in a bicycle collision with a vehicle, your medical bills will be paid under your Personal Injury Protection (PIP) coverage of your automobile policy. All PIP benefits include medical bills paid up to your limits for 2 years on policies renewed in 2016 and thereafter, loss wages up to a maximum of $3,000 per month for 52 weeks, essential services to help you pay for domestic help, certain child care reimbursement, and funeral benefits.
SECOND: If the bicycle rider does not have car insurance but is a member of a family that does have car insurance, such as a spouse or a child whose parents have car insurance, then the family automobile insurance will cover all family members whether on a bicycle or walking as a pedestrian.
THIRD: You have no control over whether the other vehicle in the collision has car insurance, or has car insurance with financial limits less than your car insurance financial limits. In those cases, which are known as "Un-Insured Collisions" or "Under-Insured collisions", your automobile policy will provide you with these protections under you car insurance, or as a member of a family that has car insurance.
FOURTH: If neither 1, 2, 3 applies to you and you do not have private or public health insurance, your medical bills will be paid under the other car's PIP coverage if available. Although PIP is mandatory in Oregon, it is not in the State of Washington. In Washington State PIP coverage is an elective and would not be available to you if the other car did not have it.
FIFTH: You need to determine who was at fault for the accident, or what percentage the bicycle rider and the car driver were each at fault for the accident. In Oregon and Washington the fault or negligence of each party is compared. If the car driver was 100% at fault, then his or her car insurance will pay for the bicyclist's damages. If the bicyclist was 100% at fault, then his or her car insurance will pay, and if there is no car insurance, then the bicyclist will be personally responsible to pay for the personal and property damages to the car driver. If both the bicyclist and car diver were negligent, then each would be responsible for their negligence to the other. For example, say each was 50% at fault for the collision then each would pay 50% of the other's damages.
SIXTH: In summary, a bicyclist has protection under his or her car insurance. If the bicyclist is not at fault for the accident, then the car operator's car insurance will be responsible for all damages to the bicyclist up to the limits on the car operator's insurance policy. If the bicyclist has no car insurance but is not at fault for the car accident, then the car operator's insurance will be responsible for all damages to the bicyclist up to the limits on the car operator's insurance policy. If the bicyclist has no car insurance and is at fault for the accident, then the bicyclist is responsible for the car driver's damages.
SEVENTH: Bicyclists need to encourage their State Legislatures and State Department of Insurance to require insurance companies to provide bicycle insurance equal to car insurance. Bicyclists should be able to purchase bicycle insurance for their own and the public's protection just as motorist do. Since the law treats bicyclists to the same standard as motorists, there should be bicycle insurance available for bicyclists.
Phone me if you have any questions, 800-347-4269. I have been an Oregon Attorney for 45 years. I am Raymond Bradley, the Oregon and Southwest Washington Sponsor for Accident Data Center. OSB# 700193.