How Does a Bicycle Accident Claim Work?

Bicycle accident claims work much like those after car accidents, but who pays first depends on your state and insurance policies, not only on who caused the crash. The outcome then depends on your evidence, your percentage of fault, and the timing of any settlement, while the deadline to file a personal injury lawsuit keeps running.

What Should You Do First After a Bicycle Crash?

Your case depends on evidence gathered in the first hours after the accident, so take these steps:

1. Call 911 for medics and police, and get medical attention the same day, since concussion symptoms may not appear for hours.
2. Ask for a police report even if the driver objects, and give facts without apologizing or guessing at fault.
3. Get the driver’s auto insurance details and witness contacts, including cyclists who saw the crash.
4. Share only basic facts and the accident report number with the driver’s insurer until you get legal advice.

Insurance companies can use any gap between the crash and your first doctor’s visit to dispute your injury claim. Find out early how long you have to file.

Which Insurance Pays First After a Bicycle Accident?

Your own coverage, such as personal injury protection (PIP), medical payments coverage (MedPay), or health insurance, usually pays medical costs first, in an order set by state law and your insurance policies. The at-fault driver’s liability coverage pays compensation later for injuries, lost income, and pain and suffering, up to its limit.

• In a no-fault insurance state, PIP pays medical bills and part of lost wages first. In New York, a cyclist hit by a motor vehicle usually claims these benefits from that vehicle’s insurer, as in a pedestrian accident; elsewhere, eligibility may depend on your household’s auto insurance.
• MedPay, usually optional, pays for medical care regardless of fault, typically $500 to $5,000 per person, and can cover you on a bicycle under your family’s auto policy.
• Uninsured and underinsured motorist (UM and UIM) coverage usually protects injured cyclists too, including after a hit-and-run accident reported promptly to the police.
• Health insurance pays for treatment but usually not lost income, and some plans place a lien on your compensation where the plan and state law allow.

Evidence That Builds Your Bike Crash Claim

As a personal injury claim, your case rests on proof of fault and losses. Key evidence includes:

• Police reports and witness statements
• Photos of the accident scene, road conditions, the bicycle, and your injuries
• Medical records, bills, and a journal of pain and missed work
• The damaged bicycle, helmet, and clothing, left unrepaired
• Traffic or surveillance footage, which cameras routinely overwrite.

How Do You Prove the Driver Caused the Accident?

To hold the driver liable in an insurance claim or a bicycle accident lawsuit, you carry the burden of showing four things:

Besides the motorist, liability may extend to a city or county if road conditions, such as an unrepaired road defect or broken pavement, caused the accident. It may also extend to a manufacturer whose part failed (product liability) or a property owner (premises liability). Name every party at fault early, because a claim against a government entity has its own written notice deadline.

Common Driver Mistakes That Cause Bicycle Accidents

Drivers who turn left across your path at an intersection, or right across a bike lane in a right hook, usually fail to yield. Dooring happens when someone in a parked car opens a door into your lane without checking the mirror, often where bike lanes run beside street parking.

Unsafe passing, from a close pass to a lane change into you, breaches the duty to leave room, as does tailgating or driving too fast to stop in time. Distracted driving or impaired driving can make drivers drift into bike lanes without seeing you.

What Happens If You Were Partly to Blame?

Sharing blame usually reduces your compensation by your percentage of fault, but in some states it can end the case. This depends on whether the state follows a contributory or a comparative negligence system. For example, in a pure comparative negligence state, 20 percent fault turns a hypothetical $200,000 award into $160,000. The other side must prove your share of fault, though insurance companies often inflate it.

Types of Compensation Available After Bicycle Accidents

The compensation available depends on how badly you were injured. Because cyclists have no car frame to absorb the impact, bicycle crashes often cause more severe injuries than car accidents. Serious injuries, such as a traumatic brain injury, a spinal cord injury, a fracture that needs surgery, or permanent damage, are worth much more than road rash that heals in weeks. 

The at-fault driver’s policy limit often caps what that insurer pays, but your own underinsured motorist coverage may pay beyond it. Fair compensation should cover the following types of damages:

• Medical expenses cover past bills, ongoing treatment, and future care, such as surgeries, physical therapy, home modifications, and long-term support.
• Lost wages cover the paychecks missed during recovery. Loss of earning capacity applies when your injuries prevent you from earning as much as before.
• Property damage covers repairing or replacing the bicycle and gear, from the frame and wheels to the helmet and clothing.
• Pain and suffering compensates for the physical pain and emotional distress the injury causes.
• Loss of enjoyment of life covers a reduced quality of life, such as being unable to ride, sleep, or function as before the accident.

Average settlements can show what others received in similar situations, but they mean little for your case. Past results don’t guarantee future outcomes.

What Are the Deadlines in a Bicycle Accident Claim?

The statute of limitations gives you one to six years to file a bicycle accident lawsuit, depending on the state.

A claim against a government entity also requires written notice, often within 90 days to six months. Check your state’s deadlines early, before evidence disappears.

When Should You Settle or Sue?

The safest point to accept an offer is usually at maximum medical improvement (MMI), when your condition levels off. File a bicycle accident lawsuit if the insurer denies the claim, if its offer will not cover your losses, or if MMI is not in sight before the deadline.

Insurance adjusters work to keep payouts low, often disputing fault and discounting damages. Attorney Robert Goldwater from Bicycle Accident Lawyers Group (BALG) says the first settlement offer usually arrives before the full extent of the injuries is clear.

• Declining a recorded statement to the other driver’s adjuster protects your rights.
• A signed release settles the case, even if you need surgery later, so have an attorney review it first.
• Filing a lawsuit does not mean the case goes to trial, because most cases still settle after the lawsuit is filed.

Talk to a Bicycle Accident Lawyer Before You Sign Anything

If the insurer has sent you a release or a first offer, get advice from a personal injury lawyer who handles bicycle accident claims before signing. BALG, a law firm for injured cyclists and their family members, offers legal help after bicycle crashes. For a free consultation, send us the police report number, photos, and medical records, and a BALG attorney will explain your options and whether the offer covers your future care.

Posted by Robert Goldwater

Robert Goldwater is a cyclist representing cyclists. He has practiced personal injury and wrongful death law for more than 20 years, graduating with Honors from Arizona State University Law School, and has helped recover over $1 billion for clients, including injured cyclists.

All articles by Robert Goldwater