What to Do After a Bicycle Accident With a Car

Most cyclists who are hit by a car make the same three mistakes in the first week: they tell the driver they are fine, they fix or throw away the bike, and they give the driver’s insurer a recorded statement. What to do after a bicycle accident with a car is mostly a matter of not doing those three things, and then moving quickly on evidence that disappears. This post walks through the first day, the first week, and the rules that decide fault, and it is written from the files we see in CLP’s bicycle and pedestrian injury practice.

At the scene and in the first 24 hours

Call the police even if the driver asks you not to. A crash report number is the anchor for every later step, including the uninsured motorist claim you may need if the driver turns out to have no coverage. Photograph the driver’s license, registration, and insurance card, and photograph the car’s plate, the point of impact on the car, your bike, the road, any open door, and your own injuries. Get names and phone numbers of anyone who stopped. Bystanders leave when the ambulance arrives, and the officer often records only the two parties.

Get examined the same day, at an emergency room or urgent care, even if you think you have road rash and nothing else. Adrenaline hides fractures, concussions, and internal injuries, and insurers treat a gap between the crash and the first medical visit as proof that the crash did not cause the injury. Tell the provider exactly how the collision happened so the record reflects it.

Do not say “I’m fine” or “I didn’t see you” at the scene. Both statements end up in the driver’s version.

Keep the bike, the helmet, and the clothes exactly as they are

The bike is evidence. Bent forks, a cracked frame, and scraped components show the direction and force of impact, and an engineer can read them later. Do not have it repaired, do not let the shop discard parts, and do not sell it. The same goes for the helmet, whose cracks and compression document a head strike, and for torn clothing. Store everything in a dry place and photograph it with a tape measure.

Your cycling computer or phone app may have recorded speed, route, and the exact moment of the stop. Export that data now; some apps overwrite or trim it. Keep receipts showing what the bike and gear cost, because property damage is part of the claim. If a component failed before the collision rather than because of it, that is a different claim, and our post on what to keep after a defective product injury explains how to preserve it.

Lock down camera and electronic evidence within days

Storefront, transit, and traffic cameras commonly overwrite footage in a matter of days. Note every camera that could have seen the collision, ask businesses for the footage the same day, and send a written preservation request to the driver, the driver’s insurer, and any transit agency or city department that controls a camera. A preservation letter does not get you the footage by itself, but it makes destroying it a sanctionable act later. Request the 911 recording from the dispatch center. The driver’s phone records come later, through a subpoena, but only if the case is still alive when you need them.

The rules that decide fault in a bicycle accident with a car

Fault in a bike crash turns on rules many drivers do not know. Virginia requires a driver passing a cyclist to leave at least three feet of clearance. Virginia, DC, and New York each prohibit opening a car door into traffic without checking, which makes most dooring crashes the driver’s fault. A driver turning across a bike lane must yield to the cyclist in it. Cyclists, in turn, must ride with traffic, obey signals, and use lights at night, and an insurer will raise any lapse.

Which state you were in changes what that lapse costs you. Virginia’s contributory negligence rule can erase a claim entirely if the cyclist shares any fault, while DC applies a more forgiving rule to cyclists and New York reduces the award by the cyclist’s percentage. Our post on who is at fault when a car hits a pedestrian walks through all three. No adult helmet law exists in Virginia or New York, and DC’s applies only to riders under 16, but an insurer will still argue that a bare head made a head injury worse, so expect that fight on damages.

What not to do in the first month

• Do not give the driver’s insurer a recorded statement before you have advice; you are not required to.
• Do not sign a blanket medical authorization that opens your entire history to the adjuster.
• Do not post about the crash, your recovery, or your rides on social media.
• Do not accept an early offer that arrives before you know whether the injury is permanent.
• Do not let deadlines pass: two years to sue in Virginia, three in DC and New York, and a 30-day window to file the no-fault application in New York.

If the driver fled, the steps change, and our post on how pedestrians get compensated after a hit-and-run applies to cyclists too. If you were riding a motorcycle rather than a bicycle, the claim runs through our car, truck, and motorcycle accident practice instead, where different insurance rules apply.

If a driver hit you while you were riding, a consultation with Capitol Law Partners can set the evidence plan before the footage is gone. Schedule a consultation.

This article is for informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by this communication.

Attorney Sena Sahin. Clear advice for individuals, families, and business owners.

Need help with this topic? See our bicycle accident claims page or schedule a consultation.