Bicycle Injuries and PIP Medical Coverage in New Jersey
Your Car Insurance May Cover Your Medical Bills
Most people understand that New Jersey is a no-fault automobile insurance state. If you are injured in a car accident, your Personal Injury Protection (PIP) coverage generally pays your medical expenses regardless of who caused the accident.
But what happens if you have injuries from riding a bicycle?
Many bicyclists are surprised to learn that New Jersey’s PIP law generally treats someone riding a conventional bicycle as a pedestrian. Consequently, a bicyclist injured in an accident involving an automobile may be entitled to PIP benefits—even though the bicyclist was not occupying a motor vehicle.
Why New Jersey Treats Bicyclists as Pedestrians
Under N.J.S.A. 39:6A-2(h), the definition of a pedestrian generally includes someone who is not occupying a vehicle propelled by means other than muscular power.
Since a conventional bicycle is powered by pedaling, a person riding one qualifies as a pedestrian for purposes of New Jersey’s No-Fault Automobile Insurance Law.
This distinction is important because N.J.S.A. 39:6A-4 provides PIP coverage for eligible pedestrians injured in accidents caused by automobiles.
PIP through your automobile insurance can include benefits such as payment of necessary medical treatment and, where applicable, income continuation, essential services, and other statutory benefits.
The bicyclist does not have to prove that the automobile driver was negligent to establish entitlement to otherwise available PIP benefits.
Which Insurance Company Pays the Medical Bills
The answer depends on the bicyclist’s automobile insurance coverage and household circumstances.
The bicyclist has automobile insurance
If the injured bicyclist has a New Jersey automobile insurance policy with applicable PIP coverage, that policy generally provides the primary PIP benefits.
For example, suppose you are riding your bicycle in Red Bank when an automobile strikes you. Even though you were not driving your insured vehicle, your own automobile insurance may pay your medical bills.
The bicyclist lives with an insured family member
If the bicyclist does not have an automobile policy of their own but resides with a qualifying insured family member, that family member’s PIP coverage may apply.
For example, a college student living with insured parents may qualify under a parent’s automobile insurance policy, depending on residency, policy terms, and other applicable requirements.
The bicyclist has no available automobile insurance
Depending on the particular circumstances, the Unsatisfied Claim and Judgment Fund and NJPLIGA may also be relevant if required insurance coverage is unavailable. These rules are governed principally by N.J.S.A. 39:6A-4 and N.J.S.A. 39:6A-4.2. If the bicyclist was struck by a car acting as a commercial vehicle – such as Lyft or Uber driver, that car’s insurance may also be applicable.
Accidents Without Physical Contact
Imagine that a bicyclist is riding along a roadway when an automobile suddenly turns directly into the bicyclist’s path. To avoid being struck, the bicyclist swerves, loses control, and falls.
Is the bicyclist entitled to PIP benefits even though there was no actual collision? Potentially, yes.
The New Jersey Supreme Court addressed this issue in Darel v. Pennsylvania Manufacturers’ Association Insurance Co., 114 N.J. 416 (1989).
In Darel, a bicyclist swerved to avoid an approaching automobile and fell, sustaining injuries. The automobile never physically struck the bicyclist.
The Supreme Court nevertheless upheld the award of PIP benefits, finding that the automobile’s involvement satisfied the statutory requirements.
The decision establishes that physical contact with an automobile is not always necessary for PIP eligibility.
However, the bicyclist must still demonstrate the legally required causal relationship between the automobile’s operation and the injuries. Simply falling from a bicycle near a passing automobile does not automatically establish coverage.
Electric Bicycles and Electric Scooters
Not every two-wheeled vehicle is treated the same under New Jersey’s PIP law.
In Goyco v. Progressive Insurance Co., 257 N.J. 313 (2024), the New Jersey Supreme Court held that a person operating a low-speed electric stand-up scooter did not qualify as a pedestrian under the No-Fault Act.
The Court focused on the scooter’s electric propulsion rather than muscular power.
That decision highlights an important distinction between conventional bicycles and certain electric-powered devices.
However, electric bicycles are governed by their own statutory classifications, and the Goyco decision should not be interpreted as establishing that every type of e-bike is automatically excluded from PIP coverage. Eligibility requires examination of the particular device and applicable law.
For conventional pedal-powered bicycles, the established rule remains that their riders qualify as pedestrians under the No-Fault Act.
Suing the Driver After Receiving PIP Benefits
Receiving PIP benefits does not prevent a bicyclist from bringing a personal injury claim against a negligent automobile driver.
PIP and a personal injury lawsuit serve different purposes.
PIP generally addresses covered medical expenses and certain other economic benefits without requiring proof of fault.
A personal injury lawsuit may permit recovery of damages resulting from the driver’s negligence, including pain and suffering, permanent injuries, and other legally recoverable losses.
For example, a bicyclist struck by a distracted driver may be entitled to PIP benefits for medical treatment and may also pursue a negligence claim against that driver.
However, whether the bicyclist must satisfy New Jersey’s limitation-on-lawsuit threshold depends on the circumstances, including the bicyclist’s applicable automobile insurance coverage.
A bicyclist should therefore not assume that being outside an automobile automatically eliminates the verbal threshold.
Steps to Take After a Bicycle Accident
Obtain medical attention. Some injuries, particularly head, neck, and back injuries, may not be immediately apparent.
Report the accident to police. A police report can help document the automobile’s involvement, even in a no-contact accident.
Preserve evidence. Obtain photographs of the scene, bicycle damage, vehicle information, and witness contact information. Keep the bicycle!
Identify all potentially applicable insurance policies. Your own automobile insurance, a family member’s policy, or the automobile driver’s policy may provide PIP benefits.
Seek legal advice promptly. Insurance coverage disputes and filing deadlines can complicate an otherwise valid claim.
Understanding Your Available Coverage
A bicyclist injured in New Jersey may have substantially more insurance protection than expected.
Under New Jersey law, someone riding a conventional bicycle is generally considered a pedestrian for purposes of automobile PIP coverage.
As a result, a bicyclist injured in an accident involving an automobile may qualify for PIP benefits through their own automobile insurance, a qualifying household member’s insurance, or the insurance covering the automobile involved in the accident.
And as the New Jersey Supreme Court established in Darel, an actual collision with the automobile is not always necessary.
The important question is not simply whether the injured person was riding a bicycle, but whether the accident falls within New Jersey’s statutory PIP coverage requirements.
Contact Wolf Law After a Bicycle Injury
Wolf Law, P.C. has represented injured clients throughout New Jersey for more than 40 years.
If you or a family member has been injured while bicycling, we can help determine what insurance coverage is available, whether PIP benefits apply, and whether you have a claim against the responsible driver.
For a free consultation, contact Wolf Law today, or call/text us at (732) 741-4448.
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