Getting hit by a car while biking can leave you dealing with injuries, damage to your bike, and a lot of confusion about how insurance works. The good news: if a driver hits you, you can make a claim in both Delaware and Pennsylvania. But the way your medical bills get paid depends on the state.

Getting hit by a car while biking can leave you dealing with injuries, damage to your bike, and a lot of confusion about how insurance works. The good news: if a driver hits you, you can make a claim in both Delaware and Pennsylvania. But the way your medical bills get paid depends on the state.

Here’s what to know.

Here’s what to know.

If a driver was speeding, distracted, failed to yield, or didn’t give enough passing space, you can make a claim against their insurance just like in any other crash. Bicyclists have the same right to recover for injuries as pedestrians or drivers.

If a driver was speeding, distracted, failed to yield, or didn’t give enough passing space, you can make a claim against their insurance just like in any other crash. Bicyclists have the same right to recover for injuries as pedestrians or drivers.

The rules for PIP (no-fault medical coverage) are different for cyclists in Delaware and Pennsylvania.

The rules for PIP (no-fault medical coverage) are different for cyclists in Delaware and Pennsylvania.

Delaware treats a bicyclist as a pedestrian for PIP purposes. That means the driver’s PIP coverage pays for your medical bills and lost wages, not yours.

Delaware treats a bicyclist as a pedestrian for PIP purposes. That means the driver’s PIP coverage pays for your medical bills and lost wages, not yours.

Even if you don’t own a car, you’re still covered by the driver’s PIP benefits.

Even if you don’t own a car, you’re still covered by the driver’s PIP benefits.

Pennsylvania also treats bicyclists similar to pedestrians, but with one twist:

Pennsylvania also treats bicyclists similar to pedestrians, but with one twist:

• If you have your own car insurance , your PIP pays first , even if you weren’t driving.
• If you don’t have insurance , you can use the driver’s PIP , but you’ll need to sign a form confirming you’re uninsured.

• If you have your own car insurance , your PIP pays first , even if you weren’t driving.
• If you don’t have insurance , you can use the driver’s PIP , but you’ll need to sign a form confirming you’re uninsured.

Drivers - and sometimes insurance companies - love to shift blame onto cyclists. Some things they often argue:

Drivers - and sometimes insurance companies - love to shift blame onto cyclists. Some things they often argue:

• You weren’t in the bike lane
• You weren’t visible enough
• You weren’t holding the right side of the lane
• You didn’t signal
• You “came out of nowhere”

• You weren’t in the bike lane
• You weren’t visible enough
• You weren’t holding the right side of the lane
• You didn’t signal
• You “came out of nowhere”

These arguments don’t automatically kill your case. Fault is split by percentage, and unless you’re more than 50% at fault , you can still recover in both states.

These arguments don’t automatically kill your case. Fault is split by percentage, and unless you’re more than 50% at fault , you can still recover in both states.

Many of these defenses fall apart once you look at the actual traffic laws and the crash details.

Many of these defenses fall apart once you look at the actual traffic laws and the crash details.

If you’re able:

If you’re able:

• Call the police and get a report
• Get the driver’s insurance and license information
• Get contact info for witnesses
• Take photos of the scene, your injuries, and your bike
• Get medical care immediately, even if you think you’re “okay”

• Call the police and get a report
• Get the driver’s insurance and license information
• Get contact info for witnesses
• Take photos of the scene, your injuries, and your bike
• Get medical care immediately, even if you think you’re “okay”

Cyclists often underplay injuries, especially road rash, head impacts, and joint trauma.

Cyclists often underplay injuries, especially road rash, head impacts, and joint trauma.

If a driver hits you while you’re on your bike, you have the same rights to compensation as anyone else. Your medical bills are usually covered by PIP, and the driver is still responsible for the harm they caused.

If a driver hits you while you’re on your bike, you have the same rights to compensation as anyone else. Your medical bills are usually covered by PIP, and the driver is still responsible for the harm they caused.

If you’re unsure how fault applies or which insurance should pay first, talk to a lawyer before dealing with the driver’s insurance company on your own.

If you’re unsure how fault applies or which insurance should pay first, talk to a lawyer before dealing with the driver’s insurance company on your own.