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Guide · Pedestrians and bikes · All states

Hit by a car on a bike: who pays?

Updated By the Counselworthy teamGeneral information, not legal advice

Short answer

  • In 12 no-fault states, including New Jersey, each insurer pays its own policyholders' minor injury costs, whoever was at fault.
  • Under New Jersey's PIP law, someone on a pedal bike counts as a pedestrian, so a household auto policy's PIP pays first.
  • New Jersey drivers must give cyclists room to pass.

Checked October 19, 2026.

Sources: Insurance Information Institute, Background on: No-fault auto insurance; N.J.S.A. 39:6A-2(h); N.J.S.A. 39:6A-4; N.J.S.A. 39:6-86.7; N.J.S.A. 17:28-1.3; P.L.2021, c.194 (N.J.S.A. 39:4-92.4). Every fact cites a source

Illustration: a bicycle leaning on a lamppost with a helmet on its handlebar, on a wet street at dusk

NJWhose PIP pays first

Under the PIP law, a pedestrian is anyone not on a vehicle powered by something other than muscle. Someone riding a pedal bike fits that.

You or a relative you live with has an auto policyYour household's PIP

It covers you when a car hits you as a pedestrian, whoever caused it, up to the policy's PIP limit.

No auto policy in your householdThe state fund, maybe

Other pedestrians may be eligible for PIP benefits from New Jersey's Unsatisfied Claim and Judgment Fund.

An electric scooter or e-bike has a motor, so it may not fit the PIP law's meaning of pedestrian. Check before you count on PIP for one.

Source: N.J.S.A. 39:6A-2(h); N.J.S.A. 39:6A-4; N.J.S.A. 39:6-86.7; N.J.S.A. 17:28-1.3; N.J.S.A. 39:6A-4.3; N.J.S.A. 39:6A-5(g)

NJThe safe passing law

A driver approaching someone on a bike must take the first of these that's possible.

  1. Change lanesInto a lane not next to the cyclist.Source: P.L.2021, c.194 (N.J.S.A. 39:4-92.4)
  2. Leave at least 4 feetIf a lane change isn't possible.Source: P.L.2021, c.194 (N.J.S.A. 39:4-92.4)
  3. Slow to 25 mph or lessIf neither is possible, and be ready to stop.Source: P.L.2021, c.194 (N.J.S.A. 39:4-92.4)

Breaking the rule costs a driver $100. If someone is hurt, it's $500 and 2 points on their license.

Source: P.L.2021, c.194 (N.J.S.A. 39:4-92.4)

NJWhat PIP doesn't cover

The PIP law doesn't limit recovering uncompensated losses from the person at fault: medical bills above your PIP limits, deductibles and copayments through a driver's secondary insurance coverage, and lost income PIP didn't pay.

  1. Lost wages, on a standard policyPIP pays up to $100 a week and $5,200 in all, unless the benefit was dropped.Source: N.J.S.A. 39:6A-4(b), (c), (e); N.J.S.A. 39:6A-4.3(b); N.J.S.A. 39:6A-10; New Jersey Department of Banking and Insurance, Auto Insurance New Jersey Buyer's Guide
  2. Pain and sufferingIf your household's policy has the lawsuit limit, a claim needs one of the injuries the law lists, like a displaced fracture or a permanent injury.Source: N.J.S.A. 39:6A-8(a); N.J.S.A. 39:6A-2(i); N.J.S.A. 39:6A-8.1(b)
  3. Your share of the faultIt cuts what you recover. Above 50%, you recover nothing.Source: N.J.S.A. 2A:15-5.1; N.J.S.A. 2A:15-5.2
Source: N.J.S.A. 39:6A-12; N.J.S.A. 39:6A-2(k)

NJThe deadlines

  1. Sue the driver, in generalN.J.S.A. 2A:14-2(a)2 years after the injury
  2. A pothole, or a town or State vehicleN.J.S.A. 59:8-8Notice within 90 days
  3. A PIP payment is overdue afterN.J.S.A. 39:6A-5(g)60 days of written notice
Source: N.J.S.A. 2A:14-2(a); N.J.S.A. 59:8-8; N.J.S.A. 59:8-9; N.J.S.A. 39:6A-4; N.J.S.A. 39:6A-4.3; N.J.S.A. 39:6A-5(g)

Sources

General information, not legal advice. We don't know the facts of your claim. A lawyer can review them, and most injury lawyers offer a free consultation.

What to do next

Questions people ask

Who pays if a car hits me on a bike?

It depends on the state. In 12 no-fault states, including New Jersey, each insurer pays its own policyholders' minor injury costs first, whoever was at fault. Under New Jersey's PIP law, a cyclist counts as a pedestrian.

Who pays if I'm hit by a car on my bike in New Jersey?

Someone on a pedal bike counts as a pedestrian under the PIP law. If you or a relative you live with has an auto policy, its PIP pays your medical bills first, whoever caused it.

How much room does a driver have to give a cyclist in New Jersey?

A lane change if possible. If not, at least 4 feet. If neither is possible, slow to 25 mph or less and be ready to stop.

Can I sue a driver who hit me on my bike?

Yes, generally within 2 years. If your household's policy has the lawsuit limit, pain and suffering needs one of the injuries the law lists.

What if a pothole caused my bike crash?

If a town, county or the State is responsible for the road, written notice of a claim is due within 90 days.

More on pedestrians and bikes

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