What to Do If You Were on a Bicycle Hit by a Car

You were doing everything right. Riding with traffic, staying visible, maybe even in the bike lane. And a driver still managed to right-hook you at the corner, or fling a door open in your path, or just plain not see you. Now you're on the pavement, your bike is bent, and your body hurts in places you can't quite catalog yet. What you do in the next few minutes and days matters, for your recovery and for holding the driver accountable.

Here's a clear, practical rundown of what to do after a bicycle is hit by a car, including a New York rule that surprises almost every cyclist.

What to do at the scene

If you're able to, work through these steps. They protect both you and any claim.

• Get to safety and call 911. Move out of traffic if you can, and get emergency help on the way. If you're seriously hurt, stay put and wait for help.
• Get medical attention, even if you feel okay. Adrenaline masks injuries, and head injuries and internal trauma can be delayed. See a doctor, and follow up.
• Call the police and insist on a report. Drivers sometimes try to talk you out of it, or downplay it as no big deal. Don't agree. An official report is one of the most important pieces of your case.
• Get the driver's information and don't let them leave until police arrive or you have their license, insurance, and plate number.
• Photograph everything. The car, your bike, the damage, your injuries, your position in the road, the lane markings, any skid marks. Photos taken at the scene are gold.
• Get witness names and numbers. Drivers often blame the cyclist, and an independent witness who saw what really happened can be decisive.
• Keep your bike, helmet, and gear as they are. Don't repair or throw anything out yet. A cracked helmet and a bent frame are evidence of the force involved.
• Be careful what you say. Don't apologize or speculate about fault. Stick to the facts.

Who pays for my injuries? The rule cyclists don't expect

In New York, the no-fault insurance of the car that hit you generally pays your initial medical bills and lost wages, regardless of who was at fault, and even if you don't own a car yourself. No-fault follows the vehicle, so a cyclist struck by a car is usually covered by that car's coverage.

This catches nearly every cyclist off guard, because people assume that if they don't have car insurance, they're on their own. You're generally not. The striking vehicle's no-fault coverage steps in first for your medical care and part of your lost income, no matter whose fault the crash was. Getting that coverage set up correctly, and on time, is one of the first things that needs to happen.

Can I sue the driver, too?

Yes, when your injuries meet New York's serious injury threshold, which cyclist injuries often do. No-fault covers your basic bills, but to recover for pain and suffering and your full losses, you bring a claim against the at-fault driver. Because a cyclist has no protection at all in a collision with a car, the injuries, broken bones, head trauma, road rash, spinal injuries, tend to be serious enough to clear that threshold.

What if the driver says it was my fault?

They probably will, at least partly. Drivers and their insurers love to blame cyclists, no lights, not in the bike lane, ran the sign, came out of nowhere. Here's the thing: even if you were partly at fault, New York's comparative fault rule means your recovery is reduced by your share, not erased. Being partly to blame doesn't end your claim, and the blame is often exaggerated. A driver's duty to watch for and safely pass cyclists doesn't vanish because you weren't perfect.

What if the driver drove off?

Hit-and-runs are sadly common with cyclists, but a fleeing driver doesn't necessarily leave you without options. If you have your own auto insurance, its uninsured motorist coverage may apply. If you don't, New York has a special fund that can provide benefits to cyclists with no coverage who are hit by an unidentified or uninsured driver. And the driver can sometimes still be identified through video and witnesses. Report it to the police right away.

How do these crashes usually happen?

Most car-on-bike crashes trace to a driver's carelessness, and a few patterns come up again and again: the right hook, where a driver turns right across a cyclist's path; the left cross, where an oncoming driver turns left in front of a cyclist; dooring, where someone opens a car door into the bike lane; failure to yield; distracted driving; and passing too closely. In almost all of these, the driver failed to do something the law required, and that failure is the heart of your claim.

How long do I have to act?

Some deadlines come fast. Your no-fault benefits generally require an application within about 30 days of the crash. The deadline to sue the at-fault driver is usually three years, but a claim involving a government vehicle or a dangerous road can require a formal notice within about 90 days. Because the short no-fault and government deadlines run long before anyone thinks about a lawsuit, it's a mistake to wait.

The bottom line

If your bicycle was hit by a car, get medical care, call the police, document everything, and hold onto your bike and helmet. Then know this: in New York, the car's no-fault coverage likely pays your initial bills even if you don't own a vehicle, and you can pursue the at-fault driver for your full losses on top of that. Don't let a driver talk you into brushing it off, and don't let those early deadlines slip.

If you were hurt on your bike by a car in Buffalo or Western New York, our Buffalo bicycle accident lawyers can secure your benefits, deal with the insurers, and pursue the driver who hit you. The consultation is free and there's no fee unless we recover for you. You can reach out here whenever you're ready.