How to File a Bicycle Accident Insurance Claim in Texas
Our firm fights for cyclists when insurance companies try to pay less
Filing an insurance claim after a bicycle accident in Texas is rarely as simple as it seems. Even when a driver clearly causes the crash, insurance companies often question fault, minimize injuries, or delay payment while medical bills continue to grow. At Smith & Hassler, we’ve seen how serious bicycle accidents can be, from brain injuries and broken bones to long-term financial and emotional setbacks. These cases deserve more than quick lowball settlements. Victims deserve full compensation for what they’ve lost and what they will need to recover fully.
Our Houston bicycle accident lawyers know how to make insurance companies take responsibility. We collect the evidence, handle the paperwork, and prove the true value of your claim so you can focus on getting better. Whether your crash happened downtown, along Allen Parkway, or in the neighborhoods surrounding Houston, we know how to hold negligent drivers and insurers accountable.
If you or someone you love was hit while riding, contact Smith & Hassler for a free consultation. You pay no fees unless we win, and we will make sure you have the support and justice you deserve.
FAQs about Filing Bicycle Accident Claims in Texas
- What should I do first to start a bicycle accident insurance claim in Houston?
- How do I know what insurance covers bicycle accidents in Texas?
- Who pays for medical bills after a bicycle accident, my insurance or the driver’s?
- Can I file both a bicycle accident claim and a bicycle accident lawsuit in Texas?
- What information or evidence strengthens a bicycle accident insurance claim?
- How long do I have to file a bicycle accident insurance claim in Texas?
- What happens if the driver who hit me doesn’t have insurance or flees the scene?
- Can I recover compensation if I was hit while cycling outside a marked bike lane or crosswalk?
- What types of insurance coverage apply to bicycle accident injuries and fatalities?
- When does a bicycle accident claim turn into a lawsuit in Texas?
- What are common reasons insurance companies deny or delay bicycle accident claims?
- Who can be held liable in a Houston bicycle accident besides the driver?
- How do fault disputes affect my bicycle accident settlement or lawsuit?
- How can a Houston bicycle accident lawyer help with an insurance claim or lawsuit?
- Why should I contact Smith & Hassler after a bicycle accident in Texas?
What should I do first to start a bicycle accident insurance claim in Houston?
After a bicycle accident in Houston, every decision you make in the first few days can affect your insurance claim. Acting quickly helps preserve evidence and ensures that insurers cannot twist the facts in their favor.
Key steps to start your insurance claim include:
- Report the crash to police: File an official report with HPD or local law enforcement. This record will be vital for proving liability.
- Get medical attention: Even if injuries seem minor, documentation from hospitals like Memorial Hermann or Houston Methodist strengthens your claim.
- Notify your insurer promptly: Report the accident but avoid detailed statements until you speak with an attorney.
- Collect and preserve evidence: Keep photos, contact information, and receipts related to your injuries and damaged bicycle.
Because insurance adjusters often look for reasons to reduce or deny claims, contacting a Houston bicycle accident lawyer early helps you avoid costly mistakes and keeps your claim on track.
How do I know what insurance covers bicycle accidents in Texas?
Understanding which insurance policy applies after a bicycle crash can be confusing when multiple parties are involved. The coverage that applies depends on fault, location, and your own insurance options.
Insurance that may apply includes:
- The driver’s auto insurance: Typically pays for medical expenses, lost wages, and property damage when the driver is at fault.
- Your auto insurance: If you have uninsured/underinsured motorist coverage (UM/UIM), it may cover you even while cycling.
- Health insurance: Can help with immediate treatment, though the insurer might seek reimbursement later.
- Homeowner’s or renter’s insurance: Sometimes covers property damage to your bicycle or personal items.
Because every claim has overlapping coverage and fine print, a lawyer can identify every available policy and make sure you receive the full benefits you’re entitled to.
Who pays for medical bills after a bicycle accident, my insurance or the driver’s?
In most Houston bicycle accidents, the at-fault driver’s auto insurance should pay for your medical bills through their liability coverage. However, insurers often delay or dispute responsibility, leaving victims to rely temporarily on their health insurance or Personal Injury Protection (PIP) coverage if available. Hospitals near major crash corridors like Westheimer, Allen Parkway, and Beltway 8 often see cyclists billed before liability is determined. A lawyer can coordinate with both insurers to ensure your bills are paid without damaging your credit or draining your savings.
Can I file both a bicycle accident claim and a bicycle accident lawsuit in Texas?
Yes. Most bicycle accident cases start as insurance claims, but if the insurer refuses to pay fairly, a lawsuit may be necessary to recover full damages. For example, after crashes on Shepherd Drive or FM 1960, insurers often offer low settlements that don’t cover long-term injuries like head trauma or spinal damage. Filing a lawsuit pushes the insurer to take your case seriously and allows your attorney to gather evidence through formal investigation and depositions.
What information or evidence strengthens a bicycle accident insurance claim?
Strong evidence makes the difference between a denied claim and a successful payout. Insurance companies rely on documentation to determine liability and damages, so collecting detailed proof is essential.
Useful evidence includes:
- Police reports: The foundation for most claims, detailing the officer’s findings and any citations issued.
- Photos and videos: Images of vehicle damage, road conditions, and injuries from the scene.
- Witness statements: Neutral accounts that confirm what happened, especially near busy areas like Westheimer or Shepherd Drive.
- Medical records: Demonstrate injury severity and treatment timelines.
- Repair and expense receipts: Support compensation for damaged property and out-of-pocket costs.
A Houston bicycle accident lawyer can ensure all evidence is preserved, organized, and presented in a way that strengthens your claim and prevents insurers from twisting the facts.
How long do I have to file a bicycle accident insurance claim in Texas?
In Texas, you typically have two years from the date of the accident to file a personal injury lawsuit, but insurance claims should be filed much sooner, often within days or weeks of the crash. Filing quickly is important on busy Houston roads like I-10 frontage lanes or Richmond Avenue, where surveillance footage and eyewitness accounts disappear fast. Some claims, like those involving city vehicles or road defects, have shorter deadlines for notice. Working with a lawyer ensures every filing happens on time and preserves your right to compensation.
What happens if the driver who hit me doesn’t have insurance or flees the scene?
Hit-and-run and uninsured driver cases are unfortunately common in Houston on feeder roads and intersections where drivers speed away to avoid responsibility. These cases can still result in compensation through other insurance coverage.
Options for recovery include:
- Uninsured/underinsured motorist coverage (UM/UIM): Part of your own policy, this covers injuries caused by uninsured or hit-and-run drivers.
- Health insurance: Can cover emergency care and treatment while your lawyer investigates liability.
- Crime victims’ compensation programs: In certain cases, these state programs help cover immediate losses.
- Third-party liability: If a defective road condition or vehicle contributed, additional claims may apply.
Because hit-and-run investigations move fast and evidence can vanish, contacting an attorney immediately gives you the best chance to track down coverage and secure compensation.
Can I recover compensation if I was hit while cycling outside a marked bike lane or crosswalk?
Yes. Cyclists in Texas have the same rights as motorists, even when riding outside designated bike lanes. Many Houston roads, such as Westheimer or Washington Avenue, lack safe cycling infrastructure, forcing riders to share lanes. Insurance companies may try to argue fault, but state law protects cyclists using public roads lawfully. A lawyer can use traffic statutes and expert testimony to prove the driver, not the cyclist, caused the crash.
What types of insurance coverage apply to bicycle accident injuries and fatalities?
Several types of insurance coverage can come into play after a serious bicycle accident in Texas. Each has limits and exclusions, which makes it important to understand how they interact.
Common types of coverage include:
- Liability coverage: Pays for injuries and property damage the at-fault driver causes.
- Personal Injury Protection (PIP): Covers medical bills and lost wages regardless of fault.
- Medical payments coverage (MedPay): Helps pay for immediate medical care following a crash.
- Uninsured/underinsured motorist coverage: Protects you if the driver has little or no insurance.
Because these policies often overlap, an experienced Houston bicycle accident lawyer can coordinate multiple claims to maximize the compensation available to you.
When does a bicycle accident claim turn into a lawsuit in Texas?
A bicycle accident claim often turns into a lawsuit when insurance companies deny fault, undervalue injuries, or refuse to negotiate in good faith. This is common in severe injury cases near busy intersections like Montrose Boulevard and Allen Parkway, where insurers dispute visibility or right-of-way. Once a lawsuit is filed, your lawyer can compel the release of evidence such as dashcam footage, police reports, and cellphone records. Taking that legal step often leads to higher settlements because insurers know the firm is prepared for trial.
What are common reasons insurance companies deny or delay bicycle accident claims?
Insurance companies are notorious for stalling or undervaluing legitimate bicycle accident claims. Understanding their tactics helps you recognize when you’re being treated unfairly.
Common reasons for denial or delay include:
- Disputing liability: Arguing the cyclist was at fault or partially responsible.
- Claiming lack of evidence: Saying there’s not enough proof to justify payment.
- Questioning medical treatment: Suggesting certain procedures weren’t necessary or accident-related.
- Lowball settlement offers: Hoping financial pressure will make you accept less.
- Administrative delays: Blaming processing backlogs or “missing paperwork.”
When insurers drag their feet or twist the facts, a lawyer can step in to demand accountability and speed up the process.
Who can be held liable in a Houston bicycle accident besides the driver?
Liability in a bicycle accident isn’t always limited to the motorist who struck the rider. Other negligent parties may share responsibility depending on where and how the crash occurred.
Other potentially liable parties include:
- Employers or commercial vehicle owners: When company drivers cause the crash.
- Government entities: For unsafe roads, missing signage, or malfunctioning traffic lights.
- Construction companies: When debris or poor detours contribute to an accident.
- Vehicle manufacturers: If a defect caused the driver to lose control.
A thorough investigation by a Houston bicycle accident lawyer can identify every party that contributed to your injuries, ensuring no one avoids their share of accountability.
How do fault disputes affect my bicycle accident settlement or lawsuit?
Under Texas’s modified comparative fault law, your compensation may be reduced by your percentage of fault. So, if an insurer claims you were 20 percent responsible, your recovery drops by that amount. Drivers often argue that cyclists “came out of nowhere” or ignored traffic signals, especially at intersections like Kirby Drive or West Alabama. A skilled attorney can counter these claims using crash reconstruction experts, traffic camera footage, and witness statements. The stronger the evidence, the harder it is for insurers to reduce or deny your payout.
How can a Houston bicycle accident lawyer help with an insurance claim or lawsuit?
Dealing with insurance companies after a serious bicycle accident can be overwhelming. A skilled lawyer takes over the process, protecting your rights and ensuring you don’t get taken advantage of.
Our lawyers can help by:
- Handling all communication: Prevents you from saying anything that could hurt your claim.
- Gathering evidence: Including traffic camera footage, phone records, and witness statements.
- Negotiating with insurers: To secure fair settlements that reflect your medical costs and long-term losses.
- Filing a lawsuit when necessary: If insurers refuse to pay, your lawyer can take the case to court.
Having a Houston bicycle accident lawyer on your side means you can focus on recovery while your legal team handles the fight for compensation and justice.
Why should I contact Smith & Hassler after a bicycle accident in Texas?
For more than 30 years, Smith & Hassler has fought for injured cyclists in Houston and throughout Texas, recovering over $1 billion for accident victims. We understand how insurers try to shift blame and devalue legitimate claims in crashes involving complex injuries or multiple parties. Our attorneys handle every aspect of the case, from investigating fault to negotiating with adjusters, so you can focus on recovery, not red tape. With no fees unless you win, contacting Smith & Hassler is one of the easiest steps you can take toward justice and full compensation.
Tell the insurance company you mean business
After a bicycle crash, insurance companies work fast to protect their bottom line, not your future. Our Houston bicycle accident attorneys at Smith & Hassler know exactly how to take them on and win. We’ve recovered more than $1 billion for injured Texans by proving fault, exposing insurer tactics, and demanding every dollar our clients deserve.
If you were hurt or lost a loved one in a bicycle accident, don’t wait to get help. Contact Smith & Hassler today for a free consultation. You pay no fee unless we win your case, and we’ll handle the fight while you focus on healing and getting your life back on track.