Bicycle Accident Claims and Whose Insurance Pays for Injuries

If a driver hits you on a bike, you claim against the driver's liability insurance first. Your own auto policy may also pay, even though you weren't in a car. State vehicle codes give cyclists the same rights as drivers. That matters most when the driver says you came out of nowhere.

How many cyclists are hurt each year?

NHTSA's 2024 cyclist fact sheet counts 1,103 cyclists killed in 2024, 2.8% of all traffic deaths. That is down 6% from 1,173 in 2023. Another 52,887 cyclists were injured.

81% of cyclist deaths happened in urban areas, and 60% happened away from intersections. The average age of cyclists killed was 48.

What rights does a cyclist have on the road?

Under the vehicle codes of California, New York and many other states, a cyclist has the same rights and duties as a driver. California's Veh. Code §21200(a) gives a person riding a bicycle "all the rights" of a vehicle driver. New York's Vehicle and Traffic Law §1231 says the same.

That means the ordinary right-of-way rules apply to you. A driver turning across your path owes you the same yield a car would get.

The duties come with it. Section 21200 applies California's drunk-driving provisions to cyclists. Running a stop sign on a bike counts against you the way it would in a car. Our guide to comparative and contributory negligence shows how your share of fault cuts a claim.

What if you were partly at fault?

Your own mistakes usually reduce your recovery rather than end it. How much depends on the state.

• California. Pure comparative fault under Li v. Yellow Cab (1975). Your award drops by your percentage of fault, even if that's 60% or 90%.
• Texas. Under Tex. Civ. Prac. & Rem. Code §33.001, you recover nothing if you're more than 50% at fault.
• D.C. The city normally bars any recovery if you're even slightly at fault. But D.C. Code §50-2204.52 protects cyclists and other "vulnerable users." Your negligence doesn't bar recovery unless it's a cause of the crash and greater than all the defendants' combined.

Not wearing a helmet is a common fault argument. In California, Veh. Code §21212(a) requires helmets only for riders under 18. An adult rider without one broke no traffic law, though an insurer may still argue a helmet would have lessened a head injury.

Who is at fault in a dooring crash?

Usually the person who opened the door. California's Veh. Code §22517 bars opening a door on the traffic side "unless it is reasonably safe to do so." It also bars leaving a door open longer than needed to load or unload.

New York's Vehicle and Traffic Law §1214 uses almost the same words. Both laws begin "No person shall," so a passenger who flings open a door can be at fault too.

How close can a car pass you?

At least 3 feet in many states. California's Three Feet for Safety Act, Veh. Code §21760(c), bars passing a cyclist with less than 3 feet between any part of the car and the bike or rider.

If the road is too tight, §21760(d) requires the driver to slow down and pass only when it won't endanger you. The fine is $35. It rises to $220 if the driver hits and injures a cyclist.

Florida's rule is similar. Fla. Stat. §316.083(2) requires a passing distance of "not less than 3 feet." A driver who clipped you while passing broke the law, which is strong evidence of fault.

Whose insurance pays?

Several policies can pay, and they stack in a rough order.

1. The driver's liability coverage. This pays your damages if the driver was at fault, up to the policy limit.
2. Your own uninsured or underinsured motorist coverage. California's Ins. Code §11580.2(b) covers you, your spouse and household relatives "while occupants of a motor vehicle or otherwise." Being on a bike falls under "or otherwise." Our UM and UIM guide covers the claim process.
3. Your own MedPay. In McLaughlin v. Travelers, a cyclist was hit by an opening car door. His $5,000 MedPay covered injuries "as a pedestrian when struck by a motor vehicle." The insurer said a cyclist wasn't a pedestrian. On December 10, 2020, the Washington Supreme Court disagreed. It relied on RCW 48.22.005(11) which defines a pedestrian as a person "not occupying a motor vehicle."
4. Florida PIP. Fla. Stat. §627.736(4)(e)1 covers the policy owner hit by a car "while not an occupant of a self-propelled vehicle." On a pedal bike, you aren't in one. An e-bike may be treated differently.
5. Health insurance. It pays when the others run out or are slow, but it may seek repayment from your settlement. Our guide on PIP, MedPay and health insurance explains which pays first.

What evidence helps a bike claim?

The bike and your ride data are the two things drivers can't argue with. Keep both untouched.

• The bike. Don't repair it. A bent frame or wheel shows the angle and force of the hit.
• Your helmet. Keep it even if it looks fine. Hidden damage shows the impact.
• Ride data. Export the file from your bike computer or ride app. It records your speed and position, which answers the claim that you were flying.
• Video. Save any helmet or handlebar camera footage, and ask nearby businesses for theirs in writing right away.
• Medical records. Get checked within a few days, even for road rash. A gap in treatment lets the insurer argue your injuries came from something else.
• The door or pass. Photograph the parked car's position or the lane width. A narrow lane with no room for 3 feet supports a §21760 violation.

What to do next

1. Report the crash to police and get the report number. In a dooring case, make sure the report names who opened the door.
2. Tell your own auto insurer about the crash even though you were on a bike. Ask in writing whether PIP, MedPay or UM coverage applies.
3. Don't sign a release or cash a settlement check from the driver's insurer until you know the full extent of your injuries. A release ends the claim for good.
4. Find your deadline to sue. It's 2 years for most injury claims in California and Texas; see our statute of limitations guide.
5. Ask any lawyer you meet how many cyclist cases they've handled and how they'd answer a fault argument. Compare local firms on our city rankings, and see our California and Florida pages for state rules.