Hit by a car on your bike: who pays and what to do first
If a car hits you on your bike, call police and get checked the same day. The driver's liability insurance usually pays first. If it is too small, your own auto policy may help even though you were not in a car. Arizona and Texas both give you two years to sue.
Last checked November 9, 2026 · Official sources (27)
I got hit by a car on my bike. What should I do first?
NHTSA counted 1,103 bicyclists killed in traffic crashes in 2024. CDC estimates about 120,000 emergency room visits a year for bicyclists hurt in crashes. NHTSA says falls are the most common bike crashes, and crashes with cars are the most serious. Do these things in this order if you can.
- Call 911 and ask for police, even if the driver wants to skip it. A driver who leaves or changes the story later is much harder to deal with if nothing was reported.
- Get checked the same day. Head and neck injuries can feel small at first. Tell the doctor you were hit on a bike and whether your head struck anything.
- Get the driver's name, plate, insurance and phone. Take a photo of the plate and the insurance card.
- Photograph the car, your bike, the road, skid marks, the bike lane and anything in the street such as gravel or a pothole.
- Ask witnesses for a name and number. Many leave within a minute.
- Do not fix, sell or throw away the bike, helmet or clothes.
- Save your ride data. Export the file from your bike computer, watch or riding app before it gets written over.
- Do not give a recorded statement to the driver's insurer until you know how badly you are hurt.
Who pays when a car hits a bicyclist?
Many cyclists think being on a bike means they have no insurance. Look at each of these.
| Who or what | What it may pay | The catch |
|---|---|---|
| The driver's liability insurance | Medical bills, lost pay, the bike, pain and suffering | State minimums are low: $25,000 per person in Arizona and $30,000 in Texas. |
| Uninsured or underinsured motorist coverage on your own auto policy | Your injuries when the driver has no insurance or too little | Arizona insurers must offer coverage that reaches everyone insured under the policy. Texas coverage protects insureds from uninsured or underinsured drivers. Your policy wording decides whether it applies on a bike. |
| Personal injury protection or medical payments | Medical bills and some lost pay, no matter who was at fault | Texas PIP is written to pay the named insured and household members. Not every policy has this. Check your declarations page. |
| Your health insurance | Treatment now | It may ask to be paid back from a later settlement. |
| A road owner or government | A crash caused by a bad road | The deadlines are short and the rules are strict. See below. |
If the driver was working, such as a delivery driver, a company policy may also apply. Ask the driver who they work for and write it down.
The insurance company says the crash was my fault. Can they do that?
They can try. The rules favor you more than most adjusters admit. A person riding on the road in Arizona has all the rights and duties of a driver. Texas says the same thing. That cuts both ways. If you ran a red light, it counts against you.
Expect these arguments.
| What the adjuster says | What the law says |
|---|---|
| You should have been farther to the right. | Arizona lets you move left to avoid hazards such as parked cars and surface problems, and when a lane is too narrow to share. Texas has a similar exception for an outside lane under 14 feet without a bike lane. |
| The driver passed you and you swerved. | In Arizona, a driver must leave at least 3 feet. An extra penalty for a crash does not apply if you were in a traffic lane when a passable bike lane was there, but that limit is on the penalty. We did not find a statewide 3-foot rule in the Texas chapters on passing and bicycles. |
| A parked car door is just an accident. | In Texas, a person may not open a door into traffic unless it is safe. |
| You were not wearing a helmet. | Insurers often raise this. How much it matters depends on your injury and what a judge allows. It should not matter for a broken leg. |
If you share some blame, your state decides what happens. Arizona cuts your damages by your share of the fault, and you can still recover even if most of it was yours. Texas cuts your damages too, but you get nothing if you are found more than 50 percent at fault.
Example only: your losses are $40,000 and a jury puts 20 percent of the fault on you. In either state, your recovery drops to $32,000. At 60 percent, Arizona still leaves you $16,000. Texas leaves you nothing.
What proof disappears after a bike accident?
Many bike crash claims turn on seconds and inches. Most of that proof is not in the police report.
| Proof | Why it matters | How fast it can go |
|---|---|---|
| Store, bus and doorbell video | Shows your lane, the turn or the door | Often days. Ask in person right away. |
| Your ride file | Speed, route, sudden stop, exact time | When your device or app writes over it |
| The driver's phone records | Shows texting or calls at impact | Must be requested. Ask early. |
| The car's damage | Shows where the car struck you | As soon as it is repaired |
| Your bike, helmet and clothes | Shows the force and the direction of the hit | The day someone throws them out |
How much is a bicycle accident settlement worth?
No official source publishes a fair average, and the numbers law firms post usually come from their largest results. Your claim depends on your injuries, your treatment, the fault split and how much insurance exists. A claim can include:
- Emergency care, surgery, physical therapy and future treatment
- Lost pay and lost ability to earn
- A replacement bike at its real value, plus damaged gear
- Pain, scarring and the rides you can no longer do
- Help at home while you heal
Insurance limits are often the real ceiling. A $25,000 policy does not grow because your bills reached $90,000. That is why your own policy, a working driver's company, or a second at-fault party can change what is possible.
What if a pothole, storm drain or broken road caused my bike crash?
A pothole or storm grate can throw a rider with no car involved. The city, county or state may be responsible, but you have far less time than you think.
In Arizona, you must file a claim with a public entity within 180 days. The suit must follow within one year. In Texas, a government is generally entitled to notice within six months. City charters can set their own period, so check the city's rule as soon as you can. Texas also limits what a government owes for an ordinary road defect, with a stronger duty for special defects such as excavations or obstructions.
Photograph the hazard with something for scale. Then find out who maintains that stretch of road. The city, county and state can each own different roads in one area.
What changes in Arizona and Texas?
| Rule | Arizona | Texas |
|---|---|---|
| Deadline to sue a private driver | 2 years | 2 years |
| Shared fault | Damages reduced, never barred | Barred above 50 percent |
| Passing distance | 3 feet | No statewide 3-foot rule found |
| Minimum driver insurance | $25,000 per person | $30,000 per person |
| Claim against a government | 180 days, then suit within 1 year | 6 months, or shorter by charter |
How long does a bicycle accident claim take?
There is no official timeline. Simple cases with clear fault and a full recovery can finish in months. Surgery, a fight over fault or a government defendant can stretch it to a year or more. Most claims should not settle until your doctors can say what long-term care you need. File before the deadline even if talks are going well.
What mistakes hurt a bicycle accident claim?
- Riding home and skipping the police report
- Saying you are fine at the scene
- Repairing or replacing the bike before anyone looks at it
- Assuming you have no insurance because you were on a bike
- Waiting past the short government deadline on a road defect
- Taking the first offer before you finish treatment
- Posting about your rides while your claim is open
Questions
Does my car insurance cover me if I was hit on my bike?
It may. Uninsured motorist coverage is tied to the people insured under the policy, not only the car, but your policy wording controls.
Who pays if the driver has no insurance?
Your own uninsured motorist coverage may pay. Texas insurers must offer it, and you have to turn it down in writing.
Can I still recover if I was partly at fault?
Yes in Arizona, with less money. In Texas, only if you are 50 percent or less at fault.
Do I need a bicycle accident lawyer?
Talk to one if you were hospitalized, have lasting injuries, the driver has little insurance, or a government road caused the crash. Many offer a free first conversation.
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See if I’m owed moneySources (27)
- Arizona Revised Statutes 12-542, checked 2026-11-09. “there shall be commenced and prosecuted within two years after the cause of action accrues, and not afterward”
- Texas Civil Practice and Remedies Code 16.003, checked 2026-11-09. “personal injury, forcible entry and detainer, and forcible detainer not later than two years after the day the cause of action accrues”
- Arizona Revised Statutes 28-812, checked 2026-11-09. “is granted all of the rights and is subject to all of the duties applicable to the driver of a vehicle”
- Texas Transportation Code 551.101, checked 2026-11-09. “A person operating a bicycle has the rights and duties applicable to a driver operating a vehicle under this subtitle”
- Arizona Revised Statutes 28-735, checked 2026-11-09. “leaving a safe distance between the motor vehicle and the bicycle of not less than three feet”
- Texas Civil Practice and Remedies Code 33.001, checked 2026-11-09. “a claimant may not recover damages if his percentage of responsibility is greater than 50 percent”
- Arizona Revised Statutes 12-821.01, checked 2026-11-09. “within one hundred eighty days after the cause of action accrues”
- Texas Civil Practice and Remedies Code 101.101, checked 2026-11-09. “not later than six months after the day that the incident giving rise to the claim occurred”
- Texas Civil Practice and Remedies Code 101.101, checked 2026-11-09. “A city's charter and ordinance provisions requiring notice within a charter period permitted by law are ratified and approved.”
- Arizona Revised Statutes 20-259.01, checked 2026-11-09. “uninsured motorist coverage that extends to and covers all persons insured under the policy”
- Texas Insurance Code 1952.101, checked 2026-11-09. “protects insureds who are legally entitled to recover from owners or operators of uninsured or underinsured motor vehicles”
- NHTSA, checked 2026-11-09. “1,103 Bicyclists killed in traffic crashes in 2024”
- CDC, checked 2026-11-09. “There are also an estimated 120,000 emergency department visits of bicyclists treated for non-fatal crash-related injuries”
- NHTSA, checked 2026-11-09. “There are two main types of crashes: the most common (falls), and the most serious (the ones with cars).”
- Arizona Revised Statutes 28-4009, checked 2026-11-09. “$25,000 because of bodily injury to or death of one person in any one accident”
- Texas Transportation Code 601.072, checked 2026-11-09. “$30,000 for bodily injury to or death of one person in one collision”
- Texas Insurance Code 1952.151, checked 2026-11-09. “provide for payment to the named insured in the policy, members of the insured's household”
- Arizona Revised Statutes 28-815, checked 2026-11-09. “If reasonably necessary to avoid conditions, including fixed or moving objects, parked or moving vehicles, bicycles, pedestrians, animals or surface hazards.”
- Arizona Revised Statutes 28-815, checked 2026-11-09. “If the lane in which the person is operating the bicycle is too narrow for a bicycle and a vehicle to travel safely side by side within the lane.”
- Texas Transportation Code 551.103, checked 2026-11-09. “less than 14 feet in width and does not have a designated bicycle lane adjacent to that lane”
- Arizona Revised Statutes 28-735, checked 2026-11-09. “does not apply to a bicyclist who is injured in a vehicular traffic lane when a designated bicycle lane or path is present and passable”
- Texas Transportation Code 545.418, checked 2026-11-09. “open the door of a motor vehicle on the side available to moving traffic, unless the door may be opened in reasonable safety”
- Arizona Revised Statutes 12-2505, checked 2026-11-09. “the full damages shall be reduced in proportion to the relative degree of the claimant's fault”
- Arizona Revised Statutes 12-821, checked 2026-11-09. “shall be brought within one year after the cause of action accrues and not afterward”
- Texas Civil Practice and Remedies Code 101.022, checked 2026-11-09. “the governmental unit owes to the claimant only the duty that a private person owes to a licensee on private property”
- Texas Civil Practice and Remedies Code 101.022, checked 2026-11-09. “special defects such as excavations or obstructions on highways, roads, or streets”
- Texas Department of Insurance, checked 2026-11-09. “If you don't want it, you have to turn it down in writing.”