This article covers any crash where there is damage to property or one or more people, and a person cycling was involved. This includes:
- Crash involving a bike and a light vehicle like a car or van
- Crash involving a bike and a heavy vehicle like a truck
- Crash involving two or more bikes
- Crash involving a bike and a scooter
- Crash involving a bike and a pedestrian
- Crash involving a bike where no one else was involved.
This guidance for people on bikes may also be relevant to crashes involving people using other micromobility modes such as scooters.
Several people helped with this article. Many thanks to lawyer Ben Lenihan, Special Counsel at Hamilton Locke, who provided expert legal advice. Thanks also to Brake the Road Safety Charity for their guidance.
Table of Contents:
- How many bike crashes are reported in Aotearoa New Zealand?
- First things first – your immediate safety.
- Gather details of a bike crash – what you need to record.
- Is it safe for you to continue on your way?
- Why it’s important to get checked out by a doctor after a bike crash.
- Who is liable if my bike is damaged in a road accident?
- Do the police get involved after a bike crash?
- How to make sure your crash is counted.
- Do I need bike insurance?
- My bike crash damaged property such as a fence. What do I do?
- What do I do if the vehicle driver is at fault but refuses to pay for my bike?
- Recovering from a bike crash
How many bike crashes are reported in Aotearoa New Zealand?
Around 10 people on bikes are killed each year on New Zealand’s roads. There are many more serious injuries – usually between 150 and 200 each year. A serious injury is a life-changing event, usually with a severe and/or permanent impact on the victim.
As well as these crashes, 500 to 700 minor injuries to people on bikes are reported each year. Fewer non-injury crashes are reported. It is likely many of these are simply not reported.
The vast majority of all reported bike crashes involve cars, SUVs and vans.
NZTA estimates that 40% of cycle crashes are not recorded on their Crash Analysis System.
First things first – your immediate safety
You may be disoriented after a crash. The first priority is to get off the road. Ask bystanders for help, for example, getting your bike safely off the road if this is possible.
If anyone is injured, get someone to call 111 or do so yourself if there is no one else present.
Assess yourself for injuries. Can you move okay? Take at least a couple of minutes to assess yourself and decide what is safe and sensible to do next. If in doubt, ask someone to take you to a doctor or call an ambulance.
Gather details of a bike crash – what you need to record
It’s a good idea to stay calm when you deal with the other party. This is not the time to sort out blame. Likewise you should also not admit responsibility. Never negotiate with the other person, regardless of who may be at fault.
You will need to record:
- The registration number of the car
- The driver’s name, address and telephone number.
Consider also:
- You may wish to see the driver’s licence
- The location and time
- If there are passengers, get their names
- If there are witnesses, ask for their names, addresses and telephone numbers. You may need to contact them later for statements.
If it’s practical to do so, take photos at the scene. (If this is not practical at the time of the crash, you may need to return later to photograph the location of the crash.)
Later on, after medical checks are done, record a brief summary of what happened, the location and time of the crash, and anything else you feel may be important.
Later still, capture a photo of any damage to your bike. Then, visit a trusted bike shop to obtain a quote for repair or replacement. It’s best to get two estimates for confirmation.
Is it safe for you to continue on your way?
Your first instinct may be to try to get back to whatever you were doing before the crash happened, perhaps by getting back on your bike. Pause. Is it safe for you to continue on your journey? Assess your bike. Is it really safe to ride home? Are you physically and emotionally in a fit state to ride safely?
Why it’s important to get checked out by a doctor after a bike crash
Even if you believe you have no serious injuries, get checked out by a doctor. Some injuries may only be obvious to a professional, or after some time has passed. Having documentation of the injury could be important later.
Who is liable if my bike is damaged in a road accident?
Who is responsible depends on who is at fault in the crash. This may be clear cut, as both you and the other person agree who is at fault, or it may be disputed. Do not debate any disputes at the scene of the crash. Do not assign blame or admit responsibility at the time of the crash – this is best to sort out later with a clear head.
Who pays for damage to your bike and other property?
If the other party was at fault, they or their insurance company is liable for the costs to repair or replace your stuff.
If the crash was your fault and you are insured, check if your cover will pay for damage to your bike and belongings. For example, some contents policies cover damage to bikes (more on this below).
After a crash involving a bike and a car, is a bike rider liable for the cost of repairs to the car?
If you were at fault, you must pay for any damage to the other person’s property.
If you are insured, check if your insurance covers this. This is commonly within contents insurance and is called ‘legal liability’.
If you do not believe you were at fault, but the other person or their insurance company is asking you to pay, respond explaining you were not at fault and give your version of events with any supporting evidence you have, such as witness statements, doctor’s reports, photographs, etc.
Do the police get involved after a bike crash?
The police need to be informed about a bike crash if there is an injury. Firstly, if someone needs immediate medical attention, call 111 for an ambulance.
If the situation is less urgent, you can inform the police by calling 105 or going in person to a police station. This should be done as soon as you can, and no later than 24 hours from the time of the crash.
If there is no injury but damage to your or the other person’s property, the police do not necessarily need to be involved.
However, it may still be helpful to involve the police. This is especially true if there is any dispute about the crash, or altercation following it. A police report provides documentation detailing the incident, including the identity of witnesses. If the other person does not agree to share their details or if they flee the scene of a crash without checking you are okay, you should involve the police.
How to make sure your crash is counted
It’s important for authorities to know where crashes with bikes happen in order to:
- Show planners where crashes are happening and infrastructure may need to be upgraded.
- Guide future education and enforcement programmes.
- Improve the design and maintenance of cycle paths and roads.
Waka Kotahi NZTA estimates that 40% of bicycle crashes are not recorded on their Crash Analysis System.
The New Zealand Police gather this information. If they aren’t present at the time of your crash, you can provide it in person at any police station, or online using a New Zealand Police 105 report. You must do this promptly after a crash – ideally within a few hours.
Even if you receive support from ACC, or if you report injuries at the Emergency Department at the hospital, this doesn’t mean the details of your crash will be included in the official statistics. You must also report it to the New Zealand Police.
Do I need bike insurance?
Medical costs for those involved in an accident are usually covered by ACC.
Cover for bikes within household insurance
In Aotearoa New Zealand, many contents insurance policies cover bicycles and other property which gets damaged in a bike crash.
Policies vary a lot. You must check the policy wording to see what is covered, and what limits apply, especially if you have a bike that is worth thousands of dollars.
For example, Vero pays up to $3,000 for a bicycle by default in a contents policy. With AA, the combined value of your bicycles must be under $5,000. These limits are adjustable – in other words, you can pay more to have the full replacement value of your bike covered. With many people now owning e-bikes, the limits in contents insurance policies are an important consideration.
Legal liability can cover damage caused by bicycles
Home and contents insurance policies generally also include what’s called legal liability – this covers the cost of any damage you accidentally cause (unless it is caused by a motorised vehicle – this comes under car insurance). Legal liability cover means that in a bike crash where you are at fault, your contents insurance is likely to cover damage to the other person’s property. Make sure to check your policy or ask your insurer before assuming though.
It is important to read the policy and ask questions as not all damages or situations may be covered. Before buying insurance, check if it covers your bike from theft while out and about as well as when it’s stored at home. Bikes may not be covered during competition use. Some policies might offer protection even when you’re traveling abroad with your bike.
If the insurance company requires you to add details of high value items like your bike, you’ll need to keep these details up-to-date when you get a new bike.
Specialist bike insurance
There are also specialist cyclist insurance policies.
These tend to be more comprehensive and may include extras like emergency costs, roadside assistance, cover when you take your bike overseas, cover for larger numbers of bikes, cover during competitions, etc.
My bike crash damaged property such as a fence. What do I do?
If the crash involved another person’s property, such as a fence, report it to the owner of the property within 48 hours of the crash. If the owner cannot be located, report to police within 60 hours of the crash.
What do I do if the vehicle driver is at fault but refuses to pay for my bike?
The best way to get some action if the driver does not cooperate is to make a claim in the Disputes Tribunal. This costs $59-$234 currently, depending on the amount sought, and claims of up to $30,000 can be made in the Tribunal. There are no lawyers involved. The referee can make a decision based on a wide variety of factors but will also encourage the parties to come to an agreement like a mediator.
Once a decision or agreement has been reached, the awarded amount can be recovered using any of the usual court procedures for recovery of debts.
The other options are to talk to a Community Law Centre or Citizens Advice Bureau. Bike advocacy organisation Cycling Action Network offers support in the event of a crash and encourages those involved in crashes to contact them.
Recovering from a bike crash
A crash, even a minor one, can affect your life in ways you don’t expect. Those affected report travel anxiety and PTSD-like symptoms. It can feel like a loss of identity. It’s no wonder – it can be hard to accept that it happened to you, and that you are at risk on the road.
Most people do overcome the trauma, get back on their bikes and carry on – thanks to a love of the good days on bikes. This guest article from Emma McInnes of Women in Urbanism is a powerful read on the subject of ‘crashing, crying, and carrying on.’
Tips from those who have been in bicycle crashes
- Don’t tough it out. It can be hard to pause when cycling is part of your routine (or your identity). Bear in mind that what seems like a minor injury can become a major pain or a chronic issue when ignored. Play the long term game and prioritise a complete recovery.
- Prioritise your sleep. Your body needs rest to recover from stress.
- Keep moving – slowly. If you’re bruised and sore, stiffness can make you feel worse. With guidance from medical professionals, you can find the right approach such as light stretching, massage and movement to help a more comfortable and successful recovery.
- Acceptance is key. You’ll get back to full strength sooner if you acknowledge what happened and the impact it has had.
- Talk about it. Being in a crash – even if minor – reminds us of our vulnerability. Some crashes can certainly be described as ‘near-death experiences’. Many find validation and inspiration in discussing their experience with others who have been through the same thing.
- Be patient. Recovery will take as long as it takes – and progress may not be linear. Listen to where your mind and body are at before pushing to get ‘back to normal’.
See more information on Victim Support NZ.