Information for Injured Cyclists and their Families in Oregon and Washington: Top Five Do's and Don'ts After A Bicycle Collision

Introduction

This page provides information for bicycle collision victims and their families.  It is written by our Portland, Oregon-based attorneys, and focuses on Oregon and Washington best practices. 

If you have been in a bicycle accident, or been hurt by a roadway defect or product failure:

1. DO get medical attention.  Bicyclists, especially those who do not have health insurance, sometimes don't get the care they need right away.  You should know: When a bicyclist is hurt in a collision with a vehicle in Oregon or Washington, the bad driver's insurance company, or your own automobile insurer if you have one, is generally required to provide no-fault coverage called "Personal Injury Protection" or "PIP" that will pay for medical bills and some lost wages.  There are time limits and caps on these payments.  For example, in Oregon, PIP medical coverage is often limited to $15,000 for necessary treatment within one year.  Homeowners insurance policies often have a small amount of "medpay" coverage that can also help with medical bills.  Keep in mind that in most cases, insurance companies that make PIP, medpay or health insurance payments must be repaid in connection with a settlement or verdict.  In many situations, you will need a lawyer to help you navigate the insurance process.

2. DO talk to a lawyer right away.  A lawyer can check your statute of limitations and other deadlines, take immediate steps to preserve evidence, start insurance claims, assemble information needed for a demand or court filing, and give you case-specific advice about what you need to be doing.  While we hope it is helpful, the information on this page is not a substitute for legal advice.  Our firm offers free consultations for bicycle injury cases, and we encourage you to call. 

3. DON'T talk with the bad driver's insurance company about your claims.  Insurance company representatives are generally very personable.  Keep in mind, however, that the liability carrier's goal is to minimize the amount that it pays on claims.  Most injured cyclists who come to us have already given a recorded statement.  However, we advise clients who have not already done so not to give recorded statements.  This is because insurance company interviews are designed to help their lawyers deny or minimize claims.  It is preferable for people who have been hurt to provide a single, thorough statement at the proper time and place.  Sometimes that means a written statement, or a statement given with a lawyer for each side present.

4. DO save everything that relates to your case.  That includes your bicycle, helmet, clothing (save clothes in a paper bag without washing them), gloves, backpack and any other damaged property.  It also includes all DMV, police, medical and insurance paperwork.

5. DO take photographs of your injuries and damaged property. 

Our Bicycle Law Practice

Our firm is dedicated to representing victims and their families.  Attorney Scott F. Kocher is a 2001 graduate of Harvard Law School, and is a longtime commuter and competitive cyclist.  Mr. Kocher and Richard J. Vangelisti have co-taught the Oregon State Bar's Bicycle Law programs for attorneys since 2007. 

Read more about our attorneys.

Vangelisti Kocher LLP

811 SW Naito Pkwy, Suite 420

Portland, OR 97204

tel. 503-445-2100

fax. 503-445-2120

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