Hit by a Car on Your Bike: Do You Need a Lawyer?

Do I Need a Lawyer If I Was Hit by a Car While Riding My Bike?

If you were hit by a car while riding a bike, you may be wondering whether you need a lawyer or can handle the insurance claim yourself. You are not required to hire an attorney. But if you were injured, the driver disputes fault, or the insurer offers a settlement before you know what your treatment will cost, getting legal advice can help you avoid decisions that limit your recovery.

After a car hits your bike, you may be dealing with much more than a damaged wheel or frame. You may be missing work, waiting for test results, or trying to find out who will pay your bills. Even if the driver says the crash was their fault, that does not tell you what the insurance company will offer.

The right time to get advice is before you make choices that could limit your claim. A San Diego bicycle accident lawyer can review the crash, explain your options, and help you decide what to do next.

When Should You Call a Lawyer After Being Hit by a Car While Riding a Bike?

If no one was hurt and the only dispute is the cost to fix your bike, you may be able to handle the property damage claim on your own. Keep photos, repair estimates, receipts, and copies of all messages with the insurer. Read any release before you sign it so you know which claims you are giving up.

An injury claim deserves a closer look. Legal help becomes more valuable when your health, income, or ability to return to normal life is at stake.

Consider speaking with a lawyer if:

• You need follow-up care, surgery, or physical therapy.
• You cannot work or have had to reduce your hours.
• The driver or insurer says you caused the crash.
• The insurer disputes your injuries or offers less than your documented losses.
• The driver has no insurance, too little coverage, or left the scene.
• You are being asked to sign a release while still receiving treatment.

You do not need to know whether you have a strong case before you call. That is one of the questions a case review can help answer.

What If the Driver Admitted It Was Their Fault?

An apology at the scene can matter. It is still only one part of the evidence.

The driver may later give a different account. Their insurer may accept that the driver caused the crash but question the treatment you need, how much work you missed, or whether all your symptoms came from the collision.

For example, a driver might admit turning across your path. The dispute may then shift to whether your shoulder injury needs surgery or whether you can return to your job. Proving how the crash happened and proving the full harm it caused are separate parts of a claim.

Save any messages from the driver and write down what you recall them saying. Share that information with your attorney, along with witness details, photos, and the police report number.

Can the Insurance Company Blame Me for Riding in the Road?

The fact that you were in a traffic lane does not, by itself, establish fault.

California Vehicle Code section 21202 generally requires cyclists traveling slower than traffic to ride as close as practicable to the right edge. It also makes exceptions. These include passing, preparing for a left turn, avoiding hazards, and riding where a lane is too narrow for a bike and car to travel safely side by side. 

That context matters if an adjuster says you should have been farther to the right. Was there broken pavement? A parked car? A narrow lane? Where could you safely ride?

Separate rules may apply to bike lanes, turns, and traffic signals. Your lawyer should review the rule that fits the location and what happened there, rather than accept a broad claim that you were “in the way.”

What If I Was Partly at Fault?

Sharing some fault does not automatically prevent you from recovering compensation in California. Your recovery can be reduced by your share of responsibility for the harm.

The California civil jury instructions on comparative fault require proof that the injured person was negligent and that their negligence was a substantial factor in causing the harm. 

For a simple example, if your damages were $100,000 and you were assigned 20% of the fault, the amount would be reduced to $80,000 before other applicable deductions or limits. This is an illustration, not a prediction of a case result.

Do not assume the insurer’s first fault assessment is correct. Photos, witness accounts, and video may support a different view of how the crash occurred.

What Does a Lawyer Do Beyond Contacting the Insurer?

A bicycle accident lawyer builds the evidence needed to support your claim and addresses the issues that could reduce it.

That may start with preserving nearby security footage or obtaining witness accounts. The damage to your bike, the point of impact on the car, and the layout of the road may help explain where each person was before the collision.

Your lawyer also reviews your medical records and lost income. If your recovery is ongoing, the claim may need evidence of future care, work limits, and how the injury affects daily life. A wrist injury, for instance, may affect a person whose job requires lifting or fine hand movements long after the first cast comes off.

The work also includes finding applicable coverage, responding to fault disputes, and reviewing settlement terms. If a fair resolution cannot be reached, your lawyer can discuss whether filing a lawsuit makes sense.

What If the Driver Has No Insurance or Not Enough Coverage?

Do not assume the driver’s policy is the only possible source of payment.

Depending on your coverage and who qualifies as an insured, uninsured or underinsured motorist coverage under your own auto policy may apply when a car hits you on a bicycle. Certain household coverage may also be relevant.

California Insurance Code section 11580.2 addresses this coverage, including protection for certain insured people who are not occupying a motor vehicle. Whether a policy pays depends on its terms, limits, exclusions, and the facts of the crash. 

Hit-and-run claims have additional requirements. Tell your lawyer and insurer promptly if the driver fled. Do not wait to review coverage until after you have accepted a settlement from another source.

Should I Give a Recorded Statement or Accept an Early Offer?

Before giving a detailed recorded statement, find out who the adjuster represents and why the statement is being requested.

There is a difference between dealing with the driver’s insurer and making a claim under your own policy. Your own coverage may require notice and cooperation. Get advice about those duties rather than ignoring calls or requests.

Our article on recorded statements to the other driver’s insurance company explains what to consider before an interview. 

Use the same care with a settlement offer. Ask what it covers and what rights the release gives up. A payment that covers today’s bills may leave out future care, more time away from work, or lasting limits from your injuries. Signing a settlement release can prevent you from seeking more for the same claim later.

What Evidence Matters After a Car Hits Your Bike?

Get medical care first. If you can safely document the scene, keep photos of the car, your bike, road markings, damage, and visible injuries. Save the driver’s information, witness contact details, and police report number.

Keep your damaged bike and helmet available for inspection. Do not ride a damaged bike or reuse a helmet involved in an impact. Save repair estimates, purchase records, and any camera footage or ride data you already have.

As you recover, keep track of missed work, medical visits, and the tasks you cannot do. Be specific and accurate. “I could not stand through my shift” tells more than “I was sore.”

If you did not seek care right away, explain the timing to your provider and attorney. Our guide to delayed medical treatment and California injury claims explains why that timeline can matter. 

How Long Do I Have to Take Legal Action?

For many California bicycle injury cases, the deadline to file a lawsuit is two years from the date of injury under Code of Civil Procedure section 335.1. 

Claims involving a public entity can require much earlier action. Under Government Code section 911.2, a personal injury claim against a public entity generally must be presented within six months after the claim accrues. This claim process is separate from filing a lawsuit. 

Exceptions and other deadlines may apply. Have a lawyer check the dates for your case, especially if a public vehicle or dangerous public road condition may be involved. An open insurance claim does not, by itself, stop the lawsuit deadline.

Frequently Asked Questions

Can a bicycle accident lawyer help if I already spoke with the insurance company?

Yes. Speaking with an adjuster does not automatically end your options. Bring copies of any statements, emails, offers, and forms to your consultation. If you signed a release, an attorney needs to review its terms before advising you about what remains possible.

Will hiring a bicycle accident lawyer mean I have to go to court?

Hiring a lawyer does not automatically mean a trial. Your attorney can present evidence and seek a settlement. If a lawsuit becomes necessary, they can explain the process and the decisions you will need to make.

How much does Phillips & Pelly charge for a bicycle accident case?

Phillips & Pelly offers a free case evaluation and handles accepted injury cases on a contingency fee basis. Attorney fees depend on a recovery. Your written agreement explains the fee percentage and how case costs are handled. 

Talk With Phillips & Pelly Before You Settle Your Bicycle Accident Claim

Being hit by a car while riding a bike can leave you facing medical bills, missed work, and questions about your recovery. Before accepting a settlement, make sure you understand who may be responsible, which insurance may apply, and whether the offer accounts for the care you still need.

Phillips & Pelly can review your bicycle accident and help you understand your next steps.

Call (858) 794-1700 or contact Phillips & Pelly for a free case evaluation.

No Win, No Fee. If we accept your case and do not recover compensation for you, you owe no attorney fees.