If You Crash

On this page

  1. At the scene
  2. In the first few days — reporting it, seeing a doctor, getting a copy of the report
  3. In the first few weeks — deadlines, who pays, claims, lawyers

At the scene

  1. Call 911.
  2. Never say you are OK or not hurt. Adrenaline masks injuries, and some do not show up for days. If asked, say you do not know yet.
  3. Do not move if you may be badly hurt. Let someone else move your bike.
  4. Get witness names and numbers before they leave.
  5. Photograph everything before it moves: positions, the intersection, signals, road defects, the vehicle, your bike, your injuries.
  6. Do not apologize or agree to settle it privately.

What caused it?

A driver hit you

Get their name, address, license number, plate, and insurance. You may ask to see their license — the law entitles you to it. Do not negotiate, and do not agree to keep it between you.

If they drove off, that is a crime, not a lost cause. Get any part of the plate, the make, model, and color, and the direction they went, and tell the police straight away. Your own uninsured motorist coverage may still pay out even if the driver is never found.

A pothole or bad pavement caused it

A pothole, broken pavement, a missing sign, a sunken utility cover, or a bad crossing design means your claim is against a public agency, and that changes two things.

Photograph the defect before you report it. Once you report a pothole the agency may fix it within days, and the evidence for your claim disappears with it. Photograph it from several angles with something for scale — a shoe, a water bottle — and note the exact location before you tell anyone.

Your deadline is six months, not two years — see deadlines below. Whether the street belongs to the city or the county decides who you claim against, and Road Hazards explains how to tell.

It happened on a trail

The Iron Horse and Contra Costa Canal trails are East Bay Regional Park District. Report it to EBRPD on 510-881-1833, and photograph any surface defect before it is repaired. A claim against the District is a government claim, so the same six-month deadline applies.

In the first few days

Report it, within 24 hours

Ask the officer at the scene to take a report, and note their name and badge number. If you were doored, ask them to cite the driver under CVC 22517. You do not need to take an ambulance for an injury to be recorded.

If no officer came, report it yourself:

Where it happened Report to
A Walnut Creek city street Walnut Creek Police, non-emergency 925-943-5844, option 2
Unincorporated county roads, I-680, SR-24, SR-242, SR-4 CHP, 1-800-TELL-CHP (1-800-835-5247)
A regional trail East Bay Regional Park District, 510-881-1833

You can also file your own written report within 24 hours (CVC 20008, which applies to people on bikes via CVC 21200).

See a doctor and keep the evidence

  • See a doctor, even if you feel fine. Keep every record and bill.
  • Email your witnesses and ask them to reply with what they saw.
  • Do not repair the bike or throw away the helmet and clothing. Get a written shop estimate saying the damage came from a collision.
  • Save your own footage: GPS track, camera files, and any nearby doorbell or shop cameras, which overwrite within days.
  • Keep one log of pain, missed work, and every call, with names.
  • Be careful with recorded statements, including to your own insurer.

Get a copy of the report

Once it is written, request a copy — a different office from the one you reported to. Read it and ask them to correct any errors.

In the first few weeks

Deadlines

Most people assume they have two years. If a road defect or any public agency was involved, you have six months, strictly enforced.

Deadline Applies to
6 months Any claim involving a government agency — a pothole, a road design, a city or county vehicle, a bus, a Caltrans highway. A written claim to that agency is required before you can sue. (Gov. Code § 911.2)
2 years Injury or death claims against a private party, such as the driver. (CCP § 335.1)
3 years Damage to your bike and gear. (CCP § 338)
6 months To sue after an agency rejects your claim in writing. Two years if they never send written notice. (Gov. Code § 945.6)

Who pays

  • The driver's liability coverage is the usual route.
  • Your own auto policy follows you onto a bike. Uninsured and underinsured motorist coverage can pay out even in a hit-and-run.
  • MedPay, if you have it, pays medical bills regardless of fault.
  • Health insurance will likely claim part of any settlement.
  • Renters or homeowners insurance may cover the bike.

Claiming against the city or county

Both run on the six-month deadline above.

  • Walnut Creek — form from Risk Management, 1666 North Main Street, or RiskManager@walnutcreekca.gov; file it with the City Clerk. City claims
  • Contra Costa County — Clerk of the Board, 1025 Escobar Street, Martinez. County claims

Do you need a lawyer

Talk to one early if you were badly hurt or a public agency is involved. Most work on contingency, and the first consultation is normally free.

Get the cause fixed

Report whatever caused the crash: a street problem on Road Hazards, a driver on Dangerous Driving.

Sources: CVC 20008 · CVC 21200 · Gov. Code § 911.2 · CCP § 335.1 · WCPD · Bike East Bay · SF Bicycle Coalition

Educational only, not legal advice. Last reviewed August 2026.