Cars · Updated Oct 2026
I was hit by a car while walking or biking
Your medical bills are usually paid by the driver's liability insurance if the driver was at fault, and in some states first by PIP (your own auto policy's, or the policy on the car that hit you), whoever was at fault. Your health insurance, and any medical payments or uninsured motorist coverage on your own auto policy, may also apply. Get medical care and a police report, keep your bike and clothing as evidence, and know that the driver's insurer may argue you were partly at fault; how much that matters depends on your state.
This plan is general legal information, not legal advice. RobinClaim is not a law firm. Laws and deadlines change and have exceptions: check with the official source or a lawyer or legal aid office about your own case.
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Choose your state and answer 3 quick questions. The plan below changes as you answer: steps that don't fit your answers are hidden, and your state's deadlines appear. It all happens in your browser. Nothing is sent, and the page address holds only your answers.
Your plan
Do now
Call 911. If you are hurt, stay still until help arrives unless you are in danger where you are.
Why: Head, neck and internal injuries are common when a car hits a person and may not be felt right away.
Let paramedics check you, and go to the ER or a doctor the same day even if you feel OK.
Why: Medical records made right after the crash connect your injuries to it.
If you answered “Yes” to “Did the driver stay at the scene?”
Get the driver's name, phone, address, driver's license number, plate number, and insurance company and policy number. Photograph their license, insurance card and plate.
Why: You need the driver's insurer to make a claim.
If you answered “No, they drove off” to “Did the driver stay at the scene?”
Tell police right away that the driver left, and give every detail you remember about the car (make, color, partial plate, direction) and the witnesses' contacts.
Why: Leaving the scene is a crime, and a prompt police report is often required for an uninsured motorist claim for a hit-and-run.
If you can, photograph the scene: crosswalk, signals, signs, lighting, the car, your injuries, and where you and the car ended up. Get witness names and phone numbers.
Why: Who had the right of way is often disputed; photos and witnesses help show it.
Ask the officer for the report number and how to get a copy of the report.
Why: Insurers use the police report to decide fault.
If you answered “Bike, e-bike or scooter” to “Were you walking or on a bike or scooter?”
Keep your bike, helmet, lights and damaged clothing as they are; do not repair or throw them away yet. Photograph them.
Why: They are evidence of how the crash happened and part of your property damage claim.
Nothing extra here for your answers.
This week
Read your state's rule below on who pays PIP (no-fault) benefits to a pedestrian or cyclist, and file that claim in writing.
Why: In some states, PIP from your own policy, a household member's policy, or the policy on the car that hit you pays your medical bills first, whoever was at fault, and claims have short deadlines.
If you answered “Yes” to “Did the driver stay at the scene?”
Open an injury claim with the driver's insurer, and ask for the claim number and adjuster. You do not have to give a recorded statement right away.
Why: If the driver was at fault, their liability insurance pays your medical bills, lost wages, pain and suffering and damaged property, usually in a settlement at the end.
If you or someone in your household has car insurance, call that insurer and ask whether your uninsured motorist, medical payments or PIP coverage covers you when you are walking or biking.
Why: Whether these coverages apply to you outside a car depends on your state and the policy wording, so ask and get the answer in writing.
Give your health insurance to every provider and keep every bill, record and receipt. See the plan on who pays medical bills after a crash for health plan repayment rules.
Why: Health insurance can pay while the auto claims are open, but it may ask to be repaid from a settlement.
Get the police report. If it has mistakes about the facts, ask the police department how to add your statement or request a correction.
Why: Insurers rely on the report, and a wrong fact (for example, which way the light was) can hurt your claim.
Ask nearby businesses, homes and the city or transit agency to keep any camera video of the crash (template below). Ask quickly.
Why: Many systems record over video within days or weeks.
If you answered “Bike, e-bike or scooter” to “Were you walking or on a bike or scooter?”
Get a written repair estimate or replacement price for your bike and gear, and keep receipts for any rides, medical devices and other costs.
Why: You can claim property damage and costs you can prove.
If you answered “A city bus or other government vehicle” to “What kind of vehicle hit you?”
Find out which government body owns the vehicle (city, county, transit agency, state) and check your state's notice-of-claim deadline below; file the written notice on time.
Why: Before suing a government body, most states require a written notice within a short time, sometimes 90 days or 6 months.
If you answered “A company vehicle, truck, taxi or rideshare” to “What kind of vehicle hit you?”
Get the company's name and its insurer from the police report or the driver; for a rideshare, report it in the app and ask for the claim contact.
Why: A company vehicle or a rideshare trip may have commercial insurance with higher limits.
Nothing extra here for your answers.
If it's not resolved
If the insurer says you were partly at fault (for example, you were outside a crosswalk, or riding without lights), check your state's comparative fault rule below.
Why: In most states your share of fault reduces what you get; in a few, any fault can bar you (DC has an exception for pedestrians and cyclists).
Do not settle until your treatment is finished or your doctor can say how you will recover, and check any health plan repayment claim first.
Why: A signed release usually ends your claim.
If an insurer delays or denies payment without a clear reason, see the plan for a denied insurance claim and complain to your state insurance department.
Why: State insurance departments handle these complaints for free.
If you answered “Bike, e-bike or scooter” to “Were you walking or on a bike or scooter?”
For bike or other property damage the driver's insurer won't pay, you can sue the driver in small claims court up to your state's limit.
Why: Small claims is low-cost and built for people without lawyers.
Watch your state's deadline to sue for a personal injury. Talk to a lawyer well before it.
Why: After the deadline you usually lose the right to sue.
Nothing extra here for your answers.
Deadlines
Notice or claim deadline for your own PIP / no-fault benefits
General rule: Set by your policy and, in some states, by law (for example, a written no-fault claim within 30 days in New York; first medical care within 14 days to use PIP medical benefits in Florida; 60 days to choose PIP benefits in DC). See state.
Choose your state above to see its rule, or open your state's page in the list at the bottom.
Written notice of claim before suing a city, county, state or other government body (for example, a crash with a government vehicle or bus)
General rule: Often much shorter than the deadline to sue (for example, 90 days in New York, 6 months in California and DC). See state.
Choose your state above to see its rule, or open your state's page in the list at the bottom.
Deadline to sue for a personal injury
General rule: see state
Choose your state above to see its rule, or open your state's page in the list at the bottom.
Deadline to sue for damage to your car or other property
General rule: see state
Choose your state above to see its rule, or open your state's page in the list at the bottom.
Report a hit-and-run to police (often required for an uninsured motorist claim)
General rule: As soon as possible; some states and policies require it within 24 hours. See state.
Choose your state above to see its rule, or open your state's page in the list at the bottom.
Documents to gather
- Police report number and copy
- Driver's name, license, plate, insurance company and policy number
- Photos of the scene, signals, the car, your injuries, and your bike and gear
- Witness names and phone numbers
- Medical records and itemized bills
- Your (or your household's) auto policy declarations page
- Receipts and estimates for your bike, clothing, phone and other property
- Letters you sent asking businesses or agencies to keep video
Letters you can send
Fill in the blanks; the letter updates as you type. Copy it, print it or save it as a text file. Nothing you type is sent or saved: it stays on this page until you close it.
Request to keep camera video of a crash
Ask a business, property owner or public agency to save camera footage of the crash before it is recorded over.
[Date of letter] To: [Recipient name] On [Date of crash] at about [Time of crash], I was hit by a car at [Crash location]. Police report: [Police report number]. Your cameras may have recorded the crash. Please save any video from 30 minutes before to 30 minutes after that time and do not let it be recorded over. Please tell me how I, the police or an insurer can get a copy, and whether you need a written request from the police. Thank you. [Your name] [Your phone] [Your email]
Notice of injury and property claim to the driver's insurer
Tell the driver's insurer in writing that you were hit while walking or biking and are making a claim.
[Date of letter] To: [Insurer name] Re: Your insured [Insured name], crash on [Date of crash] at [Crash location], police report [Police report number], claim [Claim number] On [Date of crash], your insured's vehicle hit me while I was walking or riding at [Crash location]. My injuries include: [Injury description]. Damaged property: [Property damage]. I am still being treated. I am making a claim for my injuries and property damage, and for any PIP or medical payments benefits your policy provides to a pedestrian or cyclist. Please confirm the claim number and adjuster in writing, tell me which coverages apply, and send any settlement proposal or release to me in writing. [Your name] [Your address]
Where to go
- Local911 / police
Right away, and to report a driver who left
- StateYour state insurance department (consumer complaints)
An insurer delays, underpays or denies your claim without a clear reason
Choose your state above to see the office for your state.
- LocalThe government body that owns the vehicle (claims office)
A city bus or other government vehicle hit you: file the written notice of claim
Choose your state above to see the office for your state.
- LocalSmall claims court in your state
The driver will not pay a small claim (for example, your deductible or bike repair)
- FederalLegal aid (Legal Services Corporation finder)
You cannot afford a lawyer and need advice
Costs
PIP, medical payments, uninsured motorist and liability claims cost nothing to file. Small claims filing fees are usually tens of dollars (see the smallclaimsmap link for your state), and you can ask the court to waive them if you cannot afford them. Injury lawyers usually work on a contingency fee (a share of what you recover); ask for the terms in writing.
Talk to a lawyer if
- You were seriously hurt or someone died
- The driver's insurer says you were partly or fully at fault
- A government vehicle, bus, commercial truck or rideshare was involved
- The driver left and was not found, and your insurer disputes uninsured motorist coverage
- You live in a state where any fault on your part can bar recovery
- Your losses are larger than the driver's insurance limits, or your deadline is close
Free help
Free legal aid: the Legal Services Corporation's 'I Need Legal Help' page (lsc.gov) finds the legal aid office for your area, and LawHelp.org lists free legal help by state. Many state bar associations run lawyer referral services with low-cost first meetings. Your state attorney general or consumer protection office takes consumer complaints for free (find it on USA.gov).
Guides for your state
Choose your state above for direct links to its pages.
Guides for every state
Questions
What is the notice or claim deadline for your own PIP / no-fault benefits?
It depends on the state. Set by your policy and, in some states, by law (for example, a written no-fault claim within 30 days in New York; first medical care within 14 days to use PIP medical benefits in Florida; 60 days to choose PIP benefits in DC). See state.
What is the written notice of claim before suing a city, county, state or other government body (for example, a crash with a government vehicle or bus)?
It depends on the state. Often much shorter than the deadline to sue (for example, 90 days in New York, 6 months in California and DC). See state.
What is the deadline to sue for a personal injury?
It depends on the state. see state
What is the deadline to sue for damage to your car or other property?
It depends on the state. see state
What is the report a hit-and-run to police (often required for an uninsured motorist claim)?
It depends on the state. As soon as possible; some states and policies require it within 24 hours. See state.
When should I talk to a lawyer?
You were seriously hurt or someone died; The driver's insurer says you were partly or fully at fault; A government vehicle, bus, commercial truck or rideshare was involved; The driver left and was not found, and your insurer disputes uninsured motorist coverage; You live in a state where any fault on your part can bar recovery; Your losses are larger than the driver's insurance limits, or your deadline is close.
How much does it cost?
PIP, medical payments, uninsured motorist and liability claims cost nothing to file. Small claims filing fees are usually tens of dollars (see the smallclaimsmap link for your state), and you can ask the court to waive them if you cannot afford them. Injury lawyers usually work on a contingency fee (a share of what you recover); ask for the terms in writing.
Plans by state
Open the plan with one state's rules filled in:
Sources
- D.C. Code § 50-2204.52 (contributory negligence limitation for pedestrians and cyclists)
- D.C. Code § 31-2404 (personal injury protection)
- Florida Statutes § 627.736 (PIP benefits)
- Hawaii HRS § 431:10C-305 (PIP source of payment)
- Kansas K.S.A. 40-3109 (PIP: who is covered)
- Kentucky KRS 304.39-050 (priority of security; pedestrians)
- Maryland Insurance § 19-505 (PIP coverage)
- Massachusetts G.L. c. 90, § 34A (PIP definition; pedestrians incl. bicyclists)
- Michigan MCL 500.3114
- Michigan MCL 500.3115 (non-occupants)
- Minnesota Stat. § 65B.47 (priority of applicability)
- NY Department of Financial Services: Consumer FAQs About No-Fault Insurance
- North Dakota N.D.C.C. ch. 26.1-41 (no-fault)
- Oregon ORS ch. 742 (PIP, 742.520)
- Pennsylvania 75 Pa.C.S. § 1713 (source of benefits)
- Texas Department of Insurance: Auto insurance guide
- Utah Code § 31A-22-308 (persons covered by PIP)
- Washington RCW 48.22.005 (PIP definitions)
- Delaware 21 Del. C. § 2118 (PIP)
- NJ DOBI Auto Insurance Buyer's Guide 2026
- Legal Services Corporation: I Need Legal Help
- NJ Legislature: S3167 (2026), statement describing current PIP 'pedestrian' rule
- Washington RCW 48.22.085 (PIP must be offered; written rejection)
Plan checked Oct 2026. Independently fact-checked 2026-10-24. Some details could not be fully verified; see the notes in each section.
This plan is general legal information, not legal advice. RobinClaim is not a law firm. Laws and deadlines change and have exceptions: check with the official source or a lawyer or legal aid office about your own case. How we research.