Hit by a car on a bike in New Jersey: who pays?
Under New Jersey's PIP law, someone on a pedal bike counts as a pedestrian. So if you or a relative you live with has an auto policy, its PIP pays your medical bills first, whoever caused it. Drivers must give a cyclist a lane, or at least 4 feet, or slow to 25 mph. Checked October 12, 2026.
Sources: 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)Whose 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.
It covers you when a car hits you as a pedestrian, whoever caused it, up to the policy's PIP limit.
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)The safe passing law
A driver approaching someone on a bike must take the first of these that's possible.
- Change lanesInto a lane not next to the cyclist.Source: P.L.2021, c.194 (N.J.S.A. 39:4-92.4)
- 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)
- 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)What 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.
- 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
- 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)
- 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
The deadlines
- Sue the driver, in generalN.J.S.A. 2A:14-2(a)2 years after the injury
- A pothole, or a town or State vehicleN.J.S.A. 59:8-8Notice within 90 days
- A PIP payment is overdue afterN.J.S.A. 39:6A-5(g)60 days of written notice
Sources
- N.J.S.A. 39:6A-2(h)Justia, 2025 New Jersey Revised Statutes. Checked .
- N.J.S.A. 39:6A-4Justia, 2025 New Jersey Revised Statutes. Checked .
- N.J.S.A. 39:6-86.7Justia, 2025 New Jersey Revised Statutes. Checked .
- N.J.S.A. 17:28-1.3Justia, 2025 New Jersey Revised Statutes. Checked .
- P.L.2021, c.194 (N.J.S.A. 39:4-92.4)New Jersey Legislature, P.L.2021, c.194, approved August 5, 2021. Checked .
- N.J.S.A. 39:6A-4.3Justia, 2025 New Jersey Revised Statutes. Checked .
- N.J.S.A. 39:6A-5(g)Justia, 2025 New Jersey Revised Statutes. Checked .
- N.J.S.A. 39:6A-12Justia, 2025 New Jersey Revised Statutes. Checked .
- N.J.S.A. 39:6A-2(k)Justia, 2025 New Jersey Revised Statutes. Checked .
- N.J.S.A. 39:6A-4(b), (c), (e)Justia, 2025 New Jersey Revised Statutes. Checked .
- N.J.S.A. 39:6A-4.3(b)Justia, 2025 New Jersey Revised Statutes. Checked .
- N.J.S.A. 39:6A-10Justia, 2025 New Jersey Revised Statutes. Checked .
- New Jersey Department of Banking and Insurance, Auto Insurance New Jersey Buyer's GuideNew Jersey Department of Banking and Insurance. Checked .
- N.J.S.A. 39:6A-8(a)Justia, 2025 New Jersey Revised Statutes. Checked .
- N.J.S.A. 39:6A-2(i)Justia, 2025 New Jersey Revised Statutes. Checked .
- N.J.S.A. 39:6A-8.1(b)Justia, 2025 New Jersey Revised Statutes. Checked .
- N.J.S.A. 2A:15-5.1Justia, 2025 New Jersey Revised Statutes. Checked .
- N.J.S.A. 2A:15-5.2Justia, 2025 New Jersey Revised Statutes. Checked .
- N.J.S.A. 2A:14-2(a)Justia, 2025 New Jersey Revised Statutes. Checked .
- N.J.S.A. 59:8-8Justia, 2025 New Jersey Revised Statutes. Checked .
- N.J.S.A. 59:8-9Justia, 2025 New Jersey Revised Statutes. Checked .
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
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Questions people ask
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.
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