Hurt on a motorcycle, bicycle, or on foot
Riders and pedestrians are often hurt more badly than people in cars, and insurers sometimes argue the rider or walker was at fault. Good records of the scene and your recovery matter.
What to do first
- Get safe and get medical care. Call 911 if it is serious. Get checked even if you feel okay.
- Photograph the scene. Vehicle, your gear, the road, and your injuries.
- Get the driver's details. Name, phone, plate, and insurance card.
- Get a police report number. Keep your helmet, clothing, and damaged gear as they are.
- Collect witness contacts. Name and phone number for anyone who saw it.
- Do not admit fault. Stick to the facts. Do not apologize or guess what happened.
- See a doctor within 24 hours. Symptoms can show up days later. Keep every visit record.
Details to save
- Your helmet, clothing, and damaged gear. Keep them as they are and do not repair or throw them out.
- Photos of the vehicle that hit you, its plate, the road surface, lighting, and signs.
- The driver’s name, phone number, and insurance information.
- Photos of your injuries now and again as they heal.
- Any camera footage from nearby businesses or your own helmet or bike camera.
Common mistakes
- Repairing or replacing damaged gear before it is photographed.
- Telling an insurer you were “not looking” or guessing about speed.
- Skipping a doctor visit because the injuries seem minor.
- Posting about the ride or your recovery on social media.
Who may be responsible
Usually a driver. It can also be a vehicle owner, an employer, a city that left a road hazard in place, or a company that made a defective part.
Your filing deadline
Every state sets a time limit to file an injury lawsuit. Most are between one and six years, and some situations are shorter. Claims against a city or public agency can have much shorter notice deadlines.
See the time limit for your state
When it is worth talking to a lawyer
It is worth a call if you were seriously hurt, if fault is disputed, if an insurer denies or delays your claim, if you expect a long recovery, or if you have been offered an amount that does not cover your costs. Most injury lawyers offer a free first consultation.
Questions people ask
What if I was partly at fault?
Rules differ by state. In many states your compensation is reduced by your share of the blame. In a few, being even slightly at fault can bar a claim. Do not assume you have no claim. Ask a lawyer about your state.
Should I give the other side’s insurance a recorded statement?
You are generally not required to give one to the other side’s insurer. Statements can be used against you later. Many people speak with a lawyer first. Your own policy may require you to cooperate with your own insurer, so read it. The Scripts screen has plain wording for these calls.
Should I post about it on social media?
It is safer not to. Insurers and their lawyers look at public posts and photos. A picture of you smiling or active can be used to argue you are not hurt. Do not delete existing posts without asking a lawyer, because deleting can cause its own problems.
Should I accept the first offer?
Early offers often come before the full extent of your injuries is known. Once you sign a release, you usually cannot ask for more. Wait until your doctor can tell you what treatment you need and how long recovery will take. Have someone you trust read the release.
General information, not legal advice. Rules differ by state and situation. Kindred is not a law firm.