This is chapter 1 of The DC, Maryland & Virginia Bicycle Injury Guide. It covers what to do at the scene, what to keep, and what to say (and not say) in the days that follow.
Key points
- Call 911, get the responding agency's name and the report number, and make sure your account of the crash is in the report.
- Keep the bike, helmet, clothing, lights, and any bike camera exactly as they were. Do not repair or replace anything until it has been photographed and examined.
- Export your ride data (Strava, Garmin, Wahoo, or a phone app) and save any camera video right away, before it is overwritten.
- Get medical care the same day and tell the doctor everything that hurts, including your head, even if you were wearing a helmet.
- Watch the insurance deadlines: D.C. PIP requires an election within 60 days, and a Maryland PIP claim can be due in as little as 12 months.
Should you call the police after a bike crash?
Yes. A police report is the first record of who was where, and in Virginia a driver involved in a crash that injures someone must stop, report their name, address, license number, and registration to the police or the injured person, and render reasonable assistance (Va. Code § 46.2-894). Drivers who hit cyclists sometimes offer to "handle it without insurance" or leave before police arrive. Do not let that happen if you can avoid it: get the plate number at a minimum.
Know which agency took the report, because that is where you will request it later:
- D.C.: usually the Metropolitan Police Department. On federal parkways and some park land, it may be the U.S. Park Police.
- Maryland: the county police (Montgomery County Police, Prince George's County Police), a city police department, Park Police on M-NCPPC park land, or the Maryland State Police on state highways.
- Virginia: Arlington County Police, Alexandria Police, Fairfax County Police, Loudoun County Sheriff's Office, or the Virginia State Police; U.S. Park Police on the George Washington Memorial Parkway and the Mount Vernon Trail.
Before the officer leaves, make sure your side is recorded. Officers often interview the driver while the cyclist is being treated. If the report gets the facts wrong, tell us; a supplemental statement or a witness can fix the record before the insurer relies on it.
What evidence matters most in a bike case?
The evidence that answers the insurer's first question: what did the cyclist do wrong? In Maryland and Virginia, which still apply contributory negligence, a finding that the rider was even slightly at fault can bar recovery, so the facts about your lane position, your lights, your speed, and the signal phase matter from the first hour. See fault rules for cyclists.
- Witnesses. Get names and phone numbers. An independent witness who saw the driver turn across you or open a door is often the single most important piece of evidence.
- Photos and video. Photograph the scene from several angles: the car's final position, the door if it was a dooring crash, lane markings, signals, signs, debris, skid or scuff marks, and the road surface. Note nearby businesses, buses, and homes that may have cameras; their footage is often recorded over within days or weeks.
- Your bike camera. If you ride with a front or rear camera, save the file to your phone or computer immediately and do not edit it.
- Ride data. Strava, Garmin, Wahoo, and similar apps record your route, speed, and time. That data can show you were riding at a reasonable speed and where you were on the road. Export the activity file and keep it. Do not delete or edit the ride.
What should you do with the bike and helmet?
Keep them exactly as they are. The damage to the frame, wheels, and helmet helps show what happened, and a cracked helmet is evidence of a head impact even when a scan looks normal. Photograph the bike and helmet, store them somewhere safe, and do not let a shop repair or recycle them before they have been documented. Keep your clothing and shoes, too, and your lights: whether a light was on can become a dispute. If the driver's insurer asks to inspect the bike, say yes, but through your lawyer and on a set schedule.
Why get medical care right away?
Because injuries from a bike crash are often worse than they feel at the scene, and because insurers treat a gap in care as proof that you were not really hurt. Go to the emergency room or urgent care the same day. Tell the doctor every place that hurts and whether your head hit the ground or the car, even if you wore a helmet. Concussion symptoms, wrist and shoulder fractures, and back injuries commonly show up hours or days later. Then follow the treatment plan and keep every appointment. Our chapter on bike crash injuries explains how these injuries are proved.
Which insurance deadlines start running right away?
Two of them can start within days. In D.C., if you have personal injury protection, you must notify your PIP insurer within 60 days whether you elect to receive PIP benefits, and electing PIP limits your right to sue the driver unless your injury meets a statutory threshold (D.C. Code § 31-2405). If you make no election in 60 days, the statute says the mandatory liability coverage applies. In Maryland, a policy may require the original PIP claim to be filed within a period of not less than 12 months after the crash, and the insurer must tell you the deadline once you give written notice of the accident (Md. Code, Ins. § 19-508). Report the crash to your own insurer promptly in writing, and ask a lawyer before you sign a D.C. PIP election form. The who pays chapter explains which policies cover cyclists.
What should you say to the driver's insurance company?
Very little until you have advice. The driver's insurer will often call within a day or two and ask for a recorded statement. The adjuster's job is to find something you did wrong: whether you were in the bike lane, whether you had a light, whether you looked over your shoulder. In Maryland and Virginia, one careless answer can become a contributory negligence defense. You may give your name and contact information and say that your lawyer will be in touch. Do not guess about speeds or distances, and do not post about the crash on social media. Our general guide covers dealing with insurance adjusters.
How long do you have to bring a claim?
Three years in D.C. and Maryland, and two years in Virginia, for most injury lawsuits (D.C. Code § 12-301(8); Md. Code, Cts. & Jud. Proc. § 5-101; Va. Code § 8.01-243(A)). Claims against a government are much shorter: written notice to the D.C. Mayor or to a Virginia county, city, or town is due within six months (D.C. Code § 12-309; Va. Code § 15.2-209). If a pothole, a city vehicle, or a trail defect played a part, read the government claims chapter now.
- Guide home: The DC, Maryland & Virginia Bicycle Injury Guide
- Next chapter: Fault Rules for Cyclists in D.C., Maryland, and Virginia
Related practice areas
Frequently asked questions
Should I call the police after a bike crash?
Yes. Call 911, ask which agency is responding, and get the report number. In Virginia, a driver in a crash that injures someone must stop, give their name, address, license, and registration to the police or the injured person, and render reasonable assistance (Va. Code § 46.2-894).
Should I keep my damaged bike and helmet?
Yes. Keep the bike, helmet, clothing, and lights exactly as they are, photograph them, and do not let a shop repair or recycle them. They are evidence of what happened and of a head impact.
Should I save my Strava or Garmin data after a crash?
Yes. Export the ride file and save any bike camera video right away, without editing it. Ride data can show your route, speed, and the time of the crash.
Is there a deadline to elect D.C. PIP after a bike crash?
Yes. A D.C. PIP claimant must notify the insurer within 60 days whether they elect PIP benefits, and electing PIP limits the right to sue unless the injury meets a statutory threshold. With no election in 60 days, the mandatory liability coverage applies (D.C. Code § 31-2405).
Should I give a recorded statement to the driver's insurer?
Not until you have advice. In Maryland and Virginia, contributory negligence means a careless answer about your lane position, lights, or speed can become a defense. Give your contact information and say your lawyer will be in touch.
Related reading
- Hit by a car in D.C.? The step-by-step guide
- Maryland PIP: the no-fault coverage most crash victims forget
- D.C. ends the 1% bar for cyclists and pedestrians
- DMV Injury Guide: the first 72 hours after any crash
- DMV Injury Guide: gathering evidence
Talk to a DMV injury lawyer today
Camera footage can be recorded over within days, and a D.C. PIP election is due within 60 days. Call us this week so we can send preservation letters and get the evidence before it is gone.
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