The Only Reason This Cyclist Got Paid: A Coverage He Almost Didn’t Buy
Quick answer: A cyclist was rear-ended and left injured on the road by a hit-and-run box truck driver who was never identified, despite an exhaustive investigation. Because he had uninsured motorist (UM) coverage on his own auto policy, he still had a path to recovery, and it was the only reason he did. Hagen Rosskopf strongly recommends every cyclist carry as much "add-on" UM/UIM coverage as they can afford, since it protects you on a bike and on foot, not just behind the wheel.
Case Study 6 of 30: Cyclist v. Hit & Run Driver
The details below come from an actual case Kendrick McWilliams and his team at Hagen Rosskopf handled for a real client, not a composite or a hypothetical.
Let's get straight to the most important part of this story: everyone who rides a bike should purchase as much uninsured motorist coverage as they can afford.
The Bike Crash
A cyclist was commuting home when he was rear-ended by the driver of a large white box truck. The driver didn't stop, left the cyclist injured on the road, and drove away.
Another driver traveling behind the truck told police she blew her car horn to alert the truck driver to what had happened. The truck driver stopped briefly, looked back, and then drove on anyway.
The cyclist lost consciousness and suffered significant scalp lacerations that required 14 staples to close. His helmet took the brunt of the impact, and the damage to it tells its own story about how serious this collision was.
A Driver Who Was Never Found
Georgia law is unambiguous about what a driver must do after a collision like this. O.C.G.A. § 40-6-270 requires any driver involved in a crash-causing injury to stop immediately, remain at the scene, and provide identifying information and reasonable assistance to anyone injured. A driver who knowingly fails to do so after a motor vehicle collision-causing serious injury is guilty of a felony under Georgia law.
None of that mattered to this driver, and it didn't help identify him. Our team conducted an exhaustive investigation to locate the truck and its driver. Despite those efforts, he was never identified.
Why This Case Was Still Winnable
In most hit-and-run situations where the driver is never found, an injured person is left with no one to sue and no insurance policy to make a claim against. That's exactly the gap un-insured motorist (UM) coverage is designed to close.
Under Georgia law, O.C.G.A. § 33-7-11 treats a vehicle whose driver is unknown the same way it treats a vehicle with no insurance at all. That means a hit-and-run victim can turn to their own UM coverage for compensation, provided certain conditions are met, most importantly, that the unidentified vehicle made physical contact with the injured person or their vehicle, or that an independent eyewitness can corroborate what happened. Here, both were present: the truck struck the cyclist directly, and another driver witnessed the entire encounter and reported it to police.
Because the cyclist had UM coverage on his own auto policy, that coverage became his only avenue to financial recovery. Without it, there would have been no truck driver to sue, no insurance policy to file a claim against, and no path to compensation at all.
What UM Coverage Actually Bought Him
Having the extra layer of coverage on his auto policy was the foundation. Getting a strong result on top of it took a legal team that understood how to build and negotiate a UM claim involving a cyclist specifically. Hiring a firm that specializes in bike cases made the difference in securing a strong settlement, even with the at-fault driver never identified.
The Team Behind the Hit & Run Case
- Kendrick K. McWilliams — Personal injury lawyer
- J. Williams — Case manager
- Amie Risley — Negotiations paralegal
Kendrick K. McWilliams has represented injured cyclists with Hagen Rosskopf since 2014. Before joining the firm, he spent 11 years defending corporations and insurance companies in personal injury matters, experience that now works in favor of the injured cyclists, pedestrians, and accident victims he represents, giving him direct insight into how insurers evaluate and defend claims like this one.
Why We Keep Saying This
We can't stress this enough: get "add-on" UM/UIM coverage on your auto policy, at the highest limits you can reasonably afford. This coverage doesn't just protect you while driving. In Georgia, it also protects you while riding your bike and while walking as a pedestrian. If you're not sure what kind of UM coverage you currently have, or whether you have any at all, it's worth checking before you ever need it. If you have questions about your coverage or want us to take a look at your policy, reach out to Kendrick K. McWilliams directly at [email protected].
Frequently Asked Questions
Does Georgia uninsured motorist coverage apply to a hit-and-run accident? Yes. Under O.C.G.A. § 33-7-11, a vehicle whose driver is unknown is legally treated as an uninsured vehicle. If you're injured by a hit-and-run driver who is never identified, your own UM coverage can step in, generally provided the unidentified vehicle made physical contact with you or your vehicle, or an independent eyewitness (not you or a passenger) can confirm what happened.
Does UM/UIM coverage protect cyclists and pedestrians, or only drivers? It protects both. In Georgia, UM/UIM coverage attached to your own auto policy generally follows you as a person, not just your car. That means the same coverage that protects you while driving can also apply if you're injured by an uninsured, underinsured, or hit-and-run driver while riding a bicycle or walking as a pedestrian.
What's the difference between "add-on" and "reduced-by" UM coverage in Georgia? Add-on (or stacking) UM coverage pays on top of whatever the at-fault driver's insurance provides, or in a hit-and-run case, up to your own UM policy limits directly. Reduced-by coverage instead subtracts whatever the at-fault driver's insurance pays from your own UM benefit, which can significantly shrink your recovery. Georgia requires insurers to let you choose between the two structures, and add-on coverage generally provides meaningfully better protection.
What should I do if I witness a hit-and-run accident involving a cyclist? Call 911 and give police as much detail as you can about the vehicle: make, model, color, license plate, and direction of travel. If it's safe to do so, take a photo or video. Stay until police arrive if possible, since your account as an independent witness can be exactly what makes a UM claim succeed for the injured person, as it did in this case.
Injured by a hit-and-run driver while cycling in Georgia? Contact Hagen Rosskopf, our Atlanta bicycle accident attorneys, for a free consultation, or reach out directly to discuss your UM/UIM coverage. There's no fee unless we win your case.