Editor's Note: Insurance agents and brokersoften have P&C insurance clients that are avid cyclists. Here'san article to share that offers helpful tips for dealing with anauto/bicycle collision.

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A bicycle crash, even if not serious, can be a traumatizingevent.

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While job one in a crash is preserving life and preventingfurther injury, other issues need to be attended to quickly.

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This article is written assuming you are a cyclist who wasstruck by a vehicle, but much of the same advice applies to crashesin other situations. Naturally, where someone else sufferedphysical or property damage, you will need to be extra carefulabout making oral or written statements, as you may become adefendant at some point.

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1. Medical attention


You need to see a doctor to ascertain the extent of your injuriesand, of course, get any treatment you need. This is key to buildingany potential legal case. You can obtain medical records to bolsterany injury claims. No doubt if you do not go to the doctor or do soafter some delay, the opposition will point that out. You should beaware that some medical problems may not be obvious to you so go tothe doctor right away to get checked out.

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2. Capture evidence


Take pictures of your bike, your helmet if it is damaged, yourinjuries, whatever you impacted or impacted upon you, the street,and any relevant signage. Always carry a phone with a camera whenbiking on public streets and paths.

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Obtain the names and contact information of witnesses and thedriver and passengers of the vehicle if one was involved in theaccident. Call the police as they will gather evidence as well.Stay until the police arrive, as you could be liable for a hit andrun yourself if you leave the scene of the accident. If you areunable to help with gathering evidence, see if a friendly witnesscan get pictures and information before it disappears.

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Related: 6 tips for at-the-scene photography by autoclaimants

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3. Call the insurance company


If you have car insurance, your uninsured and underinsured coveragemay help with losses from a collision with a vehicle. A number ofcar vs. bicycle crashes are hit and runs, so your own car insurancemay be all the coverage you have. Not only have hit and runaccidents increased, about 80% of them go unsolved, according tothis LA Times article.

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If you are biking as part of your employment, you would alsoreport the incident to your employer because they likely requireyou to do so for worker’s compensation purposes. Yourhomeowner’s or renter’s insurance may have coverage, so call themtoo.

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4. Don’t make statements


You have just been traumatized so you might not be thinking clearlyand you probably do not understand all of the facts yourself atthis point. Do not make statements or get into arguments with thedriver of the car. These statements can be used against you later.You may even end up as a defendant in a civil or criminal casedepending on the circumstances.

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Related: Insurance for high-end bikes

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Take the example of Nako Nakatsuka: She was a UCLA graduatestudent and member of the UCLA triathlon team when a driver struckher bicycle from behind. She had to hire attorneys to represent herbecause the driver claimed she backed into them and the driverdemanded payment. For some reason, the LAPD never filed a reportwhich complicated her case.

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Never assume you won’t be sued. Do not talk to the driver’sinsurance company without talking to a lawyer first. You need tocooperate with the police (unless there is some reason to believeyou are the cause of the accident — then call a lawyer beforetalking to anyone) to help document what happened.

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5. Call a lawyer


Many personal injury lawyers will give a free consultation. If youdo not have a case, they will likely tell you. So, be safe insteadof sorry and get a legal opinion about your case before makingdamaging statements or giving away rights you did not know youhad.

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If you are accused of breaking the law, you do not want astatement you made in a moment of confusion later being usedagainst you. If it turns out the damage isn’t serious enough toinvolve a lawyer, you may be able to settle with the driver orinsurance company directly.

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The evidence you gathered will make that much more likely to besuccessful. If they do not cooperate with settlement, you can bringthem to conciliation (small claims) court.

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A bicyclist has to be vigilant in protecting their rights, aspublic attitudes (and therefore juror attitudes) toward bicyclists,are not good, as revealed in an article from Plaintiff Magazine. Being in acrash is awful, but taking the steps above can help limit thedamage done and overcome the obstacles to legal recovery forbicyclists.

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Related: Bicycle insurance: 5 myths andmisconceptions

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Shaun G. Jamison is associate dean of faculty at Concord LawSchool at Kaplan University and an avid cyclist. Twitter: @shaunjamison.

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